LEA Surprise surprise!!!!

[Dingle]

Got letter from LEA today and surprise surprise they have refused Amelia a statement!

Just don't know what to do with myself- so angry, upset, dissappointed. I wanted so much to be able to switch off from it all and enjoy the children for the school holidays...now I will have this black cloud looming even closer over me!!!

[coppertop]

How on earth can these people justify refusing a statement??? and

[roisin]

This makes me so angry Dingle. I know you will fight for her to get as much as you possibly can for her, as she deserves. But it shouldn't be like this, should it?
Some people haven't got the knowledge, determination, and energy to appeal and fight these decisions.

Sorry you're having to go through this.
R x

[Dingle]

I am in such a state over this. Even thinking about leaving it! But deep in my heart I know I won't/can't.

"While Amelia has SENs it is also clear she is responding positively to Schools Interventions and is currently making good progress. Her School do not feel she needs a Statutory Assessment at this time as they feel the presenting needs can be met in Reception Class as she moves to full time education in Sep 06.

Her needs are known and the School have involved appropriate professionals and outside agencies to ensure that they have the appropriate programmes/ strategies to meet Amelia's needs. The school are also very clear that if after some later date they are not able to meet her needs at School Action Plus then they will, at that time make an application for Statuory Assessment."

I cannot deny her progress, she is coming on leaps and bounds, but still far behind her peers in many aspects. I have got back to the LEA to find out exactly what outside proffessionals and agencies "they have got involved" because as far as I am aware the only therapy input she has had since last Autumn has been what I have paid for!!

Sorry, need to get this off my chest!! Rang IPSEA...still not able to get through, have never managed so far so during the school hols will be even more unlikely. Have left a message with KIDs ( our PP) and might try DIAL.

[roisin]

The School are not in favour of a statement? Why not? Is this usual?

[jenk1]

Dingle im so so sorry to hear about this and share your frustration, we were turned down for DS being asessed for a statement earlier this year and we are going to tribunal on 26 Sep with IPSEA on board.

I dont know how the LEA work or why they turn down so many of our children with SN, in our case DS has been out of school since Nov 05 due to severe anxiety, socialising problems and they refused to asess him saying that "we note his high level of ability"
Its all wrong wrong wrong.

If you are like me you will rant and rave and get upset for the next few days/weeks and then you will feel angry and that will motivate you to tackle the LEA, our psych says that its like a game with the LEA- a waiting one to see if you cave in at the first post.

Well we havent and ive no doubt in my mind that you will either, so when you have gathered your thoughts together and got in touch with IPSEA, go and get em!!

[macwoozy]

Feel for you Dingle, but sadly this doesn't surprise me, to get hold of a statement is beyond a joke, and I know how infuriating it must be for you that you have to fight to get hold of something thay your dd obviously deserves.

I'm currently in the same position for my ds, the school applied, but because he already has an LSA provided by the school, the LEA felt that he didn't need a statement. Where's the logic in that, he's only got another year at that particular school with his LSA, and then he's left high and dry

So sorry to hear that another child has been failed by the useless LEA. I feel angry just writing this. Like Jenk said, once you've had time to think things through, give IPSEA a call, and see if they can help, hard to get hold of at the moment though.
Wish you all the luck.

[AttilaTheMeerkat]

Dingle

Am sorry you are going through this, Its truly a load of old bullocks.

I would also suggest you meet with the LEA face to face to discuss this (Mr Dingle needs to also go along with you) - they have to agree to a meeting.

I could easily rip this LEA's reply apart sentence by sentence. She will be failed if you do not get the statutory assessment. Preschool and reception are two very different arenas. The infants school have not even started to teach her yet!!!.

The onus is very much on you as the parents to get this statement for her. Just because it is felt her needs are being met now does not mean to say that her needs will be met in future. It is likely that her needs will not be met without a statement. To my mind SA plus is not worth the paper its written on.

You should also be aware that school have no right of appeal if their request for a statement does not succeed. Also school will just sit on such a request for months on end thus wasting more time (have seen this happen to others).

My guess is that this case went to panel and the nameless lot on the panel said no.

You need to try to phone IPSEA as soon as they start work from 10am. During the school holidays they do have reduced hours but there is someone there every day. I know there is someone definately there this Friday but do try before then.

Am on hols from tomorrow but wish you all the very best of luck in the meantime.

Attila

[Jimjams2]

They have done WHAT????

Oh FFS.

Agree that you need to get hold of IPSEA.

Did you apply to get her assessed? There are certain procedures for appeal if so, but IPSEA will know.

I too have had problems getting through to IPSEA, but have managed, eventually. ALthough frustrating I'd keep at it.

Do you have parent partnership- worth talking to them although they vary in how good they are.

[Dingle]

I just can't help feeling so angry and bitter. How can this be justified- the little boy Amelia used to share private SALT with got 25 hours, no real hassle, no appeal. How can they say Amelia doesn't need it because she is getting 20 minutes support 3 times a week FFS!!

She has had no NHS therapy input since last October, so how can anyone say she is getting what she needs when no specialist assessment has taken place.

I feel I need a few days to cool off, but IPSEA is taking calls on Wednesday I believe so I plan to try them. I feel to bitter and angry to deal with this effectively ATM!

Yeah, like hell am I gonna give up!!!I will muster up the energy from somewhere. I've manged this long with little/no support it's just a bigger hurdle this time!

[coppertop]

I hope IPSEA can help you to give the LEA the rocket up the arse that they deserve. Good luck. xx

[Jimjams2]

I'm not surprised you are bitter and angry. This is an absolute disgrace.

Being angry can give you lots of energy. I've hard good things about the book Socci has mentioned, and really its a case of playing them at their own game. If you can quote the law at them (even if you're not 100% right) then I find that they often give you what you want.

We had problems getting SALT in parts 2 and 3 of the statement until we quoted some legal cases at them, then they agreed.

Is there any info on the IPSEA website about lodging an appeal. I wouldn't be surpised if as soon as you do that, they'll back down.

Also contact your MP and (even more useful ime) your local counsellors. Alos tell the LEA you have contacted them, it makes them nervous.

[emmalou78]

DIngle,

All I can say is appeal! gather all the info you can and focus all the anger into getting what she needs!

I can only echo what the others have said about legl advice and IPSEA.

when elijahs proposed statment came through there was an information sheet with legal info on it, which quoted and act of parliament which mentioned eutopian systems and that "no LEA has a duty to educate a child to its own individual potential" it was all a bit patronising and shocking...

[Jimjams2]

NO they don't have to provide the best education, but they do have to provide a "suitable" education. It should be fairly easy to show that a child with DS needs a statement to get a suitable education. I can't eblieve they've even got the cheek to try it on.

You're not in an LEA that applies the 2% rule are you? ("only 2% of children shall be statemented"). If so there is a lot out there saying that when statementing was introduced it was estimated that 2% of children would need statements, it was never a requirement than only 2% of children are stetemented. I think there are quote a few quotes recently saying that LEAs who do that are wrong.

[Dingle]

Oh dear, the SEN Officer dealing with her request has just been on the phone to me!! I tried so hard to be professional and calm, but his whole attitude comes accross as stinking, a pen pusher who has abolutely no idea what it is like to deal with a disability day in day out. He has previously laughed when I told him about some of Amelia's behavioural issues!!! Bot...oh....he did apologise....FFS...how dare he laugh at my childs disability, HE is the one who is suppose to be professional here.

I admit to getting rather sarcastic to his attitude towards the end of the conversation. When I asked him what "appropriate professional and outside agencies" the school has got involved his answer was "people like LW- the NHS SALT!" I then proceeded to tell him that I took Amelia to her last SALT session back in October, very basic group sessions with no specific or individual reports for the school to work on. Blowing bubbles and playing blow football is something I have been doing with her for years, she is fantastic at it and is hardly going to stretch her acedemically!![angry}
He knows we are going to appeal and he is going to send through all the paperwork of her case for me. He also told me about KIDs9 our PP) I laughed and said yes, I was aware of them- I have already contacted them. I also advised him that I was going to speak to IPSEA, the Downs ED Trust, The DSA and my local MP!
His answer was..OK, I'll put that in the post to you.

Is I wasn't such a lady I would have called him a few choice names too!!LOL!!

[Dingle]

Jimjams, not sure about the 2% rule.
All I know is thatthey say it makes no difference as to whether or not Amelia has a statement, the funding has already been allocated to the school and it is basically up to the school to manage their SEN budget as they please ( I think)

On their refusal letter it says:

" Since September 2001, Medway Council has delegated all resources to schools to enable them to meet the needs of children with SEN on a flexible basis.
The Educational Act 1996 recognises that a number of children will have some form of SEN at some time during their school career. For the majority of children such need will be met by their mainstream school/nursery. Enclosed is imformation on arrangements in Medway Schools for the identification and support for pupils with SEN, which you may find helpful."

OOooo...I see Amelia's disability and SENs may just go away as she progresses through school.....I was under the impression that in most cases the gap between children with DS and their peers usually widens as they get older! How silly of me!

Sorry ladies...as you can tell, I am slightly pi**ed off at this! It would be laughable if it weren't so bloody outrageous.

[Jimjams2]

oh FFS. This is appalling, most children identified with a SEN do not have DS. Or anywhere near the level of need that a child with DS has. It doesn't matter that most children's needs can be met within usual shcool budgets. If Amelia's needs are to be met they cannot!

[Dingle]

At nursery, which is a very similar set up to the R-year, she has no additional support in the nursery setting and gets taken out 3 times a week to work with her LSA for 20minutes. During that time she carries out physio, OT and SALT....and gets taken to the toilet!

tHE lsa AND senco have gone on a specialist SALT course through SYMBOL, who we take Amelia to for her private SALT. The LSA has also attended a couple of our private sessions., but obviously any ongoing sessions are at our cost. The NHS SALT will continue to keep Amelia on their list until Y1,when the community SALT takes over. From my knowledge of what has happened in the past, the R-year SALT from the NHS is another non-existent therapy,non-specialised, turn taking and listening games type session.

[jenk1]

It stinks and it makes me very angry.
With a child like DS they are using the excuse that they dont see his behaviour as he is AS and hides it until he gets home, my friend has a son with DS and she has moved into another LEA district as ours really stinks its in the bottom pile of performing LEA,s in the UK.

She has had to fight really hard for him.

Our LEA hasnt caved in yet, our tribunal date is 26 September so plenty of time for them to cave but i hope they dont as our psych and IPSEA have told me that i will have my day at the tribunal with them representing me.

DS has been out of school since Nov 05 how can they justify turning him down for a statement by saying he doesnt have SN.

Im going to stop now as i can feel myself getting very angry.

[SlightlyFamiliarPeachyClair]

Dingle I am so sorry after all the work you put in too. Bastards aren't they? How about when I graduate I go into politics, you all vote for me? i'll sort it out well, so It hought when I was younger. I hope your appeal goes better, keep going with IPSEA- once you get through they are excellent. I know we'll be refused, at least in part because they gave me day to fill in all the paperwork- same day I had just done DLA. BAstards.


Jenk, that's the excuse exactly our school used. Ther're aplying fro one now but I doubt it will be successful EXCEPT- I think- because he ahs been identified as bright but unable to read, the Head thinks he might boost their SATS scores if he can sit them. I could swear at them for some hours. Personally, I would just like him to write his name? So much to ask I know...
especially in a kid who has clear Uni potential.
He stalked (as his is wont) a kid on holiday whose Mum is a reception Teacher and was shocked that A) school couldn't see his intelligence; and B) they'd even consider special school aboove 1 - 2 - 1 support for him. I mean, if this woman could see it......

[Dingle]

Managed to get through to IPSEA,and SENDIST are sending me the appeals booklet!

Another step forward!!!