Can't apply for statement. not academically far enough behind

[cheesehater]

Hello
My DD is at SA+, and the school SENCO mentioned it might be worth putting her forward for a statement. He's now come back and said it can't be considered as academically she's not far enough behind. Is this right?
Thanks for any help, or guidance that says this is wrong. The SENCO is acting up while the usual SENCO is on maternity leave and I'm not convinced he's totally 100% with his facts.

[eatyourveg]

Statements aren't just for those who are academically behind, they are for anything that hinders the pupil in accessing the curriculum, it could be sensory issues such as visual impairment, hard of hearing or behavioural and plenty of other things too.

SEN Code of practice 7.39 " Academic attainment is not in itself sufficient for LEAs to conclude that a statutory assessment is or is not necessary" Its in black and white on Pg 82 Get yourself a copy its free from DfE

What grounds were you seeing a statutory assessment on?

PS My neighbour's daughter now 16 has had a statement since Y8 she is dyslexic but also in mensa - Don't give up.

[cheesehater]

Thanks that's exactly the sortof thing I need. I will quote that him at the meeting tomorrow. Really not sure what she would be statemented for.she's got lots of little problems such as physical delay LD and hearing impairment which is resulting in behaviour issues!

[ClenchedBottom]

eatyourveg - but Statements are for those pupils with the greatest needs, not every pupil who is at risk of difficulty in accessing the curriculum - most pupils at risk will be able to be supported in-school without a statement.

[eatyourveg]

ClenchedBottom - I agree that most pupils can be supported effectively in school without a statement, but the OP mentions SA+ is already in place and that it was the senco who suggested going for a statement. (Actually it would be a statutory assessment which might end up as a statement but then again might not)

I therefore have to assume that SA+ is not effective and this is a trigger for a possible statutory assessment. (COP 7:1) Without knowing the case, we can hardly say one way or the other what the likelihood would be but my advice would be to try and get whatever help may be available and if that means asking for an assessment then it would be irresponsible not to.

[AttilaTheMeerkat]

cheesehater

I would personally apply for the SA from your LEA and ignore the naysayers. This sort of tactic is designed to put people off from applying in the first place. Also if you write you have far more power than school ever would in that you can appeal if the LEA say no.

Actually what you have been advised is not just misleading, but plain wrong too!. Blanket policies are not allowed in law, besides which this useless SENCO would not make the decision anyway. If I had £1 for every time I had read that these children are "too able" to have a statement I would be quite wealthy by now!.

IPSEA are very good at the whole minefield that can be the statementing process and I suggest you get more information from them along with SOS;SEN and ACE. All are independent organisations.

www.ipsea.org.uk

[electra]

I agree with Attila - you will almost never get the resources your child needs unless you fight for them yourself, and as a parent you have far more power to get this than the school. If the school apply the LEA can just say no and that will be that. If you apply and they say no you can appeal to SENDIST. The LEA will often ignore evidence that they should be doing more to support a child and will only acknowledge what they want to (and what suits them), but you can rest assured that this is not at all the case in a tribunal situation. It is actually a great tool for parents to use. Good luck The most important thing for you to remember is that people who work for the LEA (and in that I include everyone - schools too) have an agenda which does not serve your child's best interests first. But that does not mean you cannot use your rights.

[eatyourveg]

Not sure who the naysayers are attila, I assume you don't mean me just because I said that most children's needs can be met in school without a statement.

Personally I think every parent with a child on the sen register should be given a copy of the cop because unfortunately very often the LEA rely on our ignorance. Without knowing what the system is meant to be, it is very hard to work with it or fight against it.

ps ds2 and ds3 both have statements ds2 no question as to if it was needed just had to fight for the approprate content, ds3 has been fought for all the way and without having learned the system with ds2, he would be struggling instead of thriving.

[AttilaTheMeerkat]

No I do not mean you at all eatyourveg. Its the SENCO the OP was referring to.

I would certainly agree with your second paragraph.

[cheesehater]

wow thanks for all your input. Meeting was cancelled in the end as he was ill!

I was told at beginning of year that SA+ should be fine, but I'm not entirely sure what my DD is getting in practice to support her. There are 2 TAs across 3 classes, and that is all the support that she can access at the moment. The SENCO mentioned statementing in passing a couple of weeks ago, but today was supposedly supposed to go through his reasons in more detail, although he spoke briefly to me yesterday and said that her results were too high to take it forward (she's just done her KS1 sats).

I don't really know much about statementing, so sorry if this question is dumb but are you saying that if a parent applies then they can appeal if it is rejected, but if the school applies and it is rejected, they can't appeal?

Can the school help me put forward an application but in my name?

thanks for any advice

[AttilaTheMeerkat]

"I was told at beginning of year that SA+ should be fine, but I'm not entirely sure what my DD is getting in practice to support her. There are 2 TAs across 3 classes, and that is all the support that she can access at the moment. The SENCO mentioned statementing in passing a couple of weeks ago, but today was supposedly supposed to go through his reasons in more detail, although he spoke briefly to me yesterday and said that her results were too high to take it forward (she's just done her KS1 sats)".

School Action Plus can promise very much but in practice does very little. I have heard all this said before about "SATS results being too good" - its all nonsense and designed to put parents off from applying, the very parents whose children need Statements.

"I don't really know much about statementing, so sorry if this question is dumb but are you saying that if a parent applies then they can appeal if it is rejected, but if the school applies and it is rejected, they can't appeal?"

Exactly. Arm yourself too with knowledge of the Statementing process, knowledge is power. The SEN COP (code of practice) should be online.

"Can the school help me put forward an application but in my name?".

Would not do this. You're far better off personally applying without their direct involvement initially. You would need to write to the Chief Education Officer at your LEA and give them six weeks to reply (mark that date on our calendar). Schools can also sit on such apps for months, at least if you personally apply you know its been done then.

[eatyourveg]

Go on the ipsea website and they will give you a template for the letters you need to send, they are really helpful and will tell you just what points you need to emphasise and what things you should include. Google ipsea - sorry I don't know how to put those blue links in that other people post. ACE too as atilla mentioned are very good. Not heard of SOS, SEN is it a regional thing?

[AttilaTheMeerkat]

SOS:SEN are based in Surrey but I think they can help people all over the UK.

Worth checking anyway.

[fightingtheLA]

I have just had an assessment refused. Main reason is : ds is meeting National Curriculum levels. LA said that he has not met assessment criteria beause of this. I know that other children are at local grammar where you have to be very academic and they have statements so how did they meet the criteria? Said this to LA but they said they couldn't comment on other individual cases. Rdiculous - you either have a criteria or you don't. Will be appealing of course.

[HarijukuLover]

My DS has just received a statement is in the top 1% of children his age in maths and reading. Academic ability alone is not a sign of whether a child is accessing the curriculum and progressing at school.

To be brutally honest, I think SA+ is a waste of time in most instances. It isn't legally binding, and relies too heavily on what suits the school (in terms of funds, staffing, resources etc) rather than the child.

Definitely agree that you should apply for SA yourself. Then you are in control.