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DDs proposed statement

25 replies

DontputyourfingerinthejellyNel · 12/04/2014 10:34

DD is 4 and has ASD. She starts school in September. The proposed statement has turned up in the post while we were away for a few days. I am not sure what to think of it.
The reports are all good, and accurate. The one from school mentions several times that she will need 1:1. My report says I think she needs this to access the curriculum and keep her safe. I think she needs lunchtime supervision due to her eating issues and having low staff ratio in the playground at this time to keep her safe. She needs SALT and she is very anxious and self-directed at times. She is not toilet trained in the slightest mostly due to anxiety re:toilets and change.
I don't think the section 3b is specified enough. The only quantified bit is the bit that says that DD needs 15 minutes minimum of 1:1 intensive interaction (eg) a day. The rest is quite vague. Is it enough to say that DD will be taking part in a "specified programme" of SALT and reviewed regularly by a SALT because I think not? It says DD needs to be funded from the whole school budget. Says she needs supervision outdoors and adult support for all self care including dressing, toileting, washing etc. At first I thought this was good but surely all 4 year olds will get this to some extent? No other 1:1 specified. Talks about a programmme of toilet training with communication between home and school. Is this specific enough? Similarly says she should have daily access to sand and water (what you mean like they all do in reception?).
I am on my own a bit here. DP is a bit hands off. I am apprehensive to take all this on alone but I don't think I can leave it like this.
As an aside, I think the school will give her 1:1 as the funding here is separate, and the other children with similar needs have had supervision at lunchtimes etc. But is this enough?

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DontputyourfingerinthejellyNel · 12/04/2014 10:35

PS. Would I be best writing the letter to arrange a meeting within the 15 day limit. Will I get anywhere with this?

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StarlightMcKenzie · 12/04/2014 11:15

Makes sure that you write back within the 15 days stating that the document fails to specify adequately and detail any provision beyond that available to non-statemented children of her age, and you therefore do not agree with it.

That will suffice whilst you groom a phone call with IPSEA or another charity.

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StarlightMcKenzie · 12/04/2014 11:16

My Ds' statement at that age said he must have access to pens and crayons.

What a waste of words.

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JJXM · 12/04/2014 12:55

My DS also starts school in September with ASD and not toilet trained - under the self-care bit is one sentence: 'DS dignity is to be preserved at all times!'

Send the form back to the LA saying part 3 is not quantified or specified.

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DontputyourfingerinthejellyNel · 12/04/2014 13:27

Thanks, Starlight. I remember reading about the comment about pens and crayons. Did you have any luck getting it changed?
JJXM are you planning to do similar?
I am also annoyed because in the reports noone stated any fine or gross motor skills issues, in fact it said categorically she did not have them - so why put it as a target on her statement? I reckon they copied and pasted it a little.

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oramum · 12/04/2014 20:06

it sounds very similiar to my dds proposed statement, hers said she needs access to a caring member of staff (what like the whole class currently have?!).
definitely write to the la and say you are not in agreement with the proposed statement and that it needs to be both quantified and specified in terms of provision. have a look at ipsea for case law to quote to support your case.
do the reports written by salt, ep etc specify and quantify provision? if not it might mean you have to appeal once the statement is finalised and then obtain independent reports to support your case.
good luck!

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autumnsmum · 12/04/2014 20:12

Sadly not everyone is in a position to finance independent reports , op I'm not saying you can't but for example my family cant

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oramum · 12/04/2014 20:18

if you are entitled to legal aid you can get funding to pay for independant reports and assessments. but I know that doesnt help the people earning just above the threshold for legal aid.
its disgusting how LAs can get away without providing provision as parents can afford to fight against them Sad

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DontputyourfingerinthejellyNel · 16/04/2014 22:40

Was I ok sending back the letter and ticking the box saying I wanted a meeting?

Oramum, the school have mentioned 1:1 and her needing full time 1:1 provision about 10 times in their main report. SALT has put she will need lots of 1:1 time and has stated that she will be there half termly to advise and set up interventions. ASD team have given lots of detail about what she will need. These are the people who know my DD best after her family.
in fact, the report is heavily swayed towards the ed psych's report which is mostly a collection of info gained by interviewing me and meeting dd for about 20 minutes. She did not advise 1:1 specifically but noted that I thought dd needed it. They have quoted a lot of her advice wholesale when in fact it is of the least use.

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DontputyourfingerinthejellyNel · 16/04/2014 22:44

Was I ok sending back the letter and ticking the box saying I wanted a meeting?

Oramum, the school have mentioned 1:1 and her needing full time 1:1 provision about 10 times in their main report. SALT has put she will need lots of 1:1 time and has stated that she will be there half termly to advise and set up interventions. ASD team have given lots of detail about what she will need. These are the people who know my DD best after her family.
in fact, the report is heavily swayed towards the ed psych's report which is mostly a collection of info gained by interviewing me and meeting dd for about 20 minutes. She did not advise 1:1 specifically but noted that I thought dd needed it. They have quoted a lot of her advice wholesale when in fact it is of the least use.

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DontputyourfingerinthejellyNel · 16/04/2014 22:44

Sorry not sure why that happened.

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DontputyourfingerinthejellyNel · 27/04/2014 02:00

Bumping because I now have a meeting middle of next week and would appreciate any advice on the above.

Also, I have to go on my own because there is nobody to accompany me. This is making me more than a little apprehensive!

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HoleySocksBatman · 27/04/2014 09:09

This reply has been deleted

Message withdrawn at poster's request.

StarlightMcKenzie · 27/04/2014 16:35

Okay, well the first thing to do is not look at this meeting as your 'one chance' to get things right for your child. It isn't.

The 1:1 thing.

Their arguments:

  1. She can't have TA velcroed to her the whole time as that will stop her being independent.

    Answer: Independence will not be learned by osmosis. She has ASD so learns nothing by 'just being in a classroom'. Independence needs to be explicitly taught as does all of her lessons and this will be a full-time requirement from someone fully trained in this, with progress from dependency towards independence measured carefully in order to ascertain progress and eventually a tapering off of support.

  2. There are more severely affected children than your dd who do not have 1:1.

    Answer: I'm sorry I have no knowledge of those children and whether their needs are or aren't being met. We are here to discuss dd and HER needs.

  3. Research shows that children with SEN make less progress when they have a 1:1 as they get less teacher time.

    Answer: So let's make sure dd's teacher understands clearly that just because she has a TA doesn't mean she can ignore her then.

  4. Having a 1:1 trailing around after her will stop her from forming friendships as children they will get in the way.

    Answer: She has ASD. Friendships require facilitating. If the TA gets in the way then they will require extra training in how and when to step back but remain vigilant and undistracted in order to step back in again and repair the situation.

    But tbh, you might not feel confident or able to say all of this on the day, so often the best thing you can do is listen to all of their protests about what it is you think your child needs and then respond to them in writing afterwards, giving them the above list if these issues were raised (most of them will be, I'm sure).

    A usual tactic is to say very little and let them try and justify what they have written. Often the will say, 'when we say that she'll get access to speech and language therapy as deemed appropriate, OF COURSE that means weekly sessions' the only sensible response is 'Well if that is what you truly MEAN, then blimmin well write that!'.

    Finally don't agree anything however lovely it might sound. Simply say 'thank you, that sounds like it might work though I'll have to get back to you after I have spoken to my husband/advocate/lawyer/MNers.......
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oramum · 27/04/2014 18:06

ok your situation sounds scarily similiar to ours.
I had reports from nhs ot stating dd needed full time 1:1 at school including lunch and break times. the la chose to ignore this report and instead they concentrated primarily on the EP report, even tho the ep himself had quoted in his report that he had only met dd once and that his report was a snapshot of her ability!

I challenged this and the LA wrote to me stating that they didnt agree with the ots advice and instead were using the eps report. (I have included this letter in my evidence for tribunal as it shows that the la are ignoring their own advice that they have obtained as part of sa)
once they finalised the statement I lodged my appeal. once the la were notified they proposed a meeting to discuss the statement.
my solicitor recomended that I did not attend but I went in the hope that they would specify the statement.
when I arrived for the meeting the la were there, the EP, HT, CT, TA, SALT and CAMHs. it was awful, they were asking me to withdraw the appeal on the basis of a breakdown in relationship with the school if I was to proceed. they were advising a parenting course, as obviously I have issues with my parenting.
nothing positove came from the meeting, instead they created a working document that was worse than the original statement!
please do not attend the meeting alone, if you really can't get anyone to go with you I would put the meeting off untill you can. good luck!

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chocgalore · 27/04/2014 21:02

agree with oramum - don't attend the meeting if you don't have anybody to come along, esp as you seem to be pretty new to this kind of thing. they will in all likelyhood gang up against you.

Have you tried to ring IPSEA to get specific advice?

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DontputyourfingerinthejellyNel · 28/04/2014 02:02

Thank you so much for all your advice/replies.
Chocgalore I tried to book a call back yesterday for Monday, but I don't have a landline number and it asked for one.
So would you really cancel the meeting if I cannot get anyone to come with me that day? Where do I stand there? Would I have to arrange another meeting? Is it possible to do it all in writing or will they insist on meeting me?
I am becoming very apprehensive about my DD now and wondering if MS is going to work for her long term. When I visited the local SS athough, the kids already attending appeared to be not a similar match for DD either as they were mostly non-verbal in the SS.

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DontputyourfingerinthejellyNel · 28/04/2014 02:10

Oramum, sounds terrifying!

Starlight, I have heard all of the above reasons for not providing 1:1. I appreciate what they are trying to say as you do, but agree that in MS an adult assigned to tgem is still needed.

I am hoping to have the option of more specialist provisionsometime after the foundation stage. Is this going to prove difficult once they have had her in mainstream school?

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chocgalore · 28/04/2014 08:00

I put all my objections in writing (after talking to Ipsea and to this board). LA ignored everything and I appealed. LA evebtually backed down before the trubunal.

Where are you timewise? Until what date do you can reply to the proposed statement? If there is not enough time to put it in writing, I would let them finalise and appeal.

It does not mean it will go to tribunal though as a lot of cases are agreed on before a hearing. My LA only takes parents seriously once an appeal is in.

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chocgalore · 28/04/2014 08:02

davidwolfe.org.uk/wordpress/archives/487

You might find the noddy guide very useful.

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DontputyourfingerinthejellyNel · 28/04/2014 14:28

I already replied to the proposed state be by basically ticking a box that said I wanted a meeting and posting it. It was during the Easter holidays so I didn't have a lot of time to reply in detail. I was then called beginning of last week to ask why I wanted a meeting and arrange one.
If I rearrange or cancel the meeting, where do I stand? Does anyone know please? I have just had an unrelated medical appointment land on the mat this morning and it clashes with this meeting, so I have good reason.

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StarlightMcKenzie · 28/04/2014 14:47

Was there no tick box for 'your statement is shit and I don't agree'?

Or was it just a choice between 'happy with statement' and 'want a meeting'?

You can email/write to them and tell them that after careful consideration you feel that a meeting would be unnecessary expenditure from the public purse, and you preferred communication method in any case is the written word (you can even state your reason being so there is an accurate and documented record of discussions if you like), therefore you have attached your comments and look forward to their response asap.

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StarlightMcKenzie · 28/04/2014 14:49

It's not an issue.

Seriously, just say that you have just received a medical appointment scheduled for the same time as the meeting so you'll have to cancel but you're happy to discuss the statement with them via email/letter so as to not to further delay the help that your child needs.

Then attach your written comments.

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chocgalore · 28/04/2014 15:37

What star said. It does not affect your legal standing at all if you cancel. Just saw another appointment got in the way and add your objections in wtiting.

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DontputyourfingerinthejellyNel · 28/04/2014 19:51

Thanks Starlight and choc.
"Was there no tick box for 'your statement is shit and I don't agree'"?

There was (maybe not exactly those words) a box like that but it required you to detail why over the page and I wanted to seek advice first.

I am terrible face to face and even over the Phone. I would far prefer it to all be in writing to be honest.

Thanks again. Will update when there are developments, but I am grateful for you wonderful people to say it how it is Smile.

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