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SEN

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

26 replies

cheesehater · 28/06/2010 12:41

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.

OP posts:
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countydurhamlass · 28/06/2010 19:57

our SENCO said that usually in our area children need to be two years behind before the local authority will statement a child, however, my ds is about a year behind and the school have applied on the basis that he is only going to fall further and further behind the older he gets older and included a lot of medical info to back it up

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MaryBS · 28/06/2010 20:02

Its looking less and less likely that my DS (with Aspergers) will get statemented, although they've collected all the evidence just in case. All the measures they've put in place have worked tremendously well, and its only in his writing that he's behind, he's well ahead in Maths and slightly ahead in English.

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LucindaCarlisle · 30/10/2010 19:04

MaryBS, How old is he?

You have got to look ahead, possibly to secondary school, when he may need more support. If I were you, I would submit an application for a statement, because if the teachers or SENCO change, he may fall behind?

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AttilaTheMeerkat · 31/10/2010 17:31

cheesehater,

Have a look at IPSEA's website - //www.ipsea.org.uk

If I had £1 for every time I have seen such arguments put forward by naysayers like your Senco I would be quite wealthy by now. Such blanket policies (i.e saying that a child needs to be X number of years behind) are also not allowed in law either and LEA's and so called professional people have no excuse to utter such claptrap.

Ignore such people and apply for the Statement yourself, you do not need school's permission to do it. Again IPSEA is helpful here. You will need to write to the Chief Education Officer at your LEA and give them six weeks to reply.

You may also want to post on the Special Needs; Childrens section of this website as it gets far more traffic than this particular section does.

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StarkAndWitchesWillFindYou · 31/10/2010 17:36

My ds is almost 2 years advanced academically and he has a statement!

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Bonkerz · 31/10/2010 17:40

as Attila said, this is a blanket policy and is illegal.
My son is very bright, he was refused a statement initially because he was academically able and not behind. There is such a thing as a behavioural statement but you have to fight to get it. My fight took 2 years and 2 tribunals but eventually we won. Our argument was that without suport DSs behaviour would prevent him (and had prevented him for a year) accessing the curriculum and would eventually fall behind.
My DS now has full time 1:1 (he has ASD and ODD)

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roundtable · 31/10/2010 17:48

Statements always go ahead more smoothly if there is parents insisting with the right people outside of school that they support the application. Generally schools are advised of a 2 year delay rule unless it's behaviour or for a specialist medical condition. It is a lengthy process and can I have seen it rely on the relationships that the SENCO/Head has with their OT or Ed Pyc better relationship=better chances of being supported by outside agencies.

Go with attilas advice and apply yourself if you are concerned, that SENCO may have been 'advised' by his head meaning that his hands are effectively tied if it's been enforced by him/her.

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madwomanintheattic · 31/10/2010 17:49

dd2 was statemented. she's working between 2 and 7 years ahead of peer group.

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LucindaCarlisle · 31/10/2010 19:13

What do you have to do to get support from an OT.?

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MaryBS · 31/10/2010 19:15

Lucinda, DS is 9.

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roundtable · 31/10/2010 19:32

OT are usually connected through the school but you may have luck if you get your child/ren referred to a speech and language centre. The OT you see there is likely to be different to the school one as each school is assigned someone specifically to make an assessment, they will speak to c/t, child and SENCO to make a formal assessment.

Hope that helps!

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roundtable · 31/10/2010 19:36

marybs have you tried getting your GP involved? That can often be useful when the statement refers to a confirmed medical condition.

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StarkAndWitchesWillFindYou · 31/10/2010 20:23

Some LA's don't have any OTs, so there is nothing you can do except get a private assessment saying you need it and then haul their arses to tribunal.

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madwomanintheattic · 31/10/2010 20:35

you don't have to go through school to get an ot. ask your gp for referral to developmental paed, or just direct to therapists if nec.

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MaryBS · 01/11/2010 07:24

Thanks, its hard to know what to do. The school is highly experienced in SN, and they've gone through with me in detail why he is unlikely to get a statement. However they are still willing to apply, so will raise it at next meeting with them.

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AttilaTheMeerkat · 01/11/2010 13:34

Mary

Why have school said child is unlikely to get a statement?. Some schools do themselves no favours at all by shooting themselves in the foot in such a manner!.

You are your child's best - and only - advocate. Never forget this.

Don't wait for them to apply whatever you do because you could well be waiting a long time. You are actually better off applying for such a document yourself from the LEA as you would have far more clout than they would if the request for assessment was declined (as usually happens). You as parents can appeal, school cannot readily do so.

IPSEA are good at the whole statementing process and there are model letters you can use //www.ipsea.org.uk.

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MaryBS · 02/11/2010 08:05

Sorry, RL disasters getting in the way of replying

They have said its because he responds so well to the initiatives they have put in place to support him, for example he was always above average for his age in Maths, now thanks to a literacy program, this also applies to literacy. And similar targets are all being achieved.

Because I also have Aspergers, I struggle with the vague and woolly terms that some of these documents use. For example "significant difficulty". How do I measure significant? I seriously struggle with that one (yet in other ways I am highly intelligent - I have a degree in Maths for example, and several other higher qualifications). And yet I can't cope with a simple word :(

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Mashabell · 13/11/2010 07:18

The main reason for children falling behind tend to be difficulties with learning to read and write. This is because the irregularities of English spelling make learning to read and write English exceptionally difficult. Bright, highly logical children often find it surprisingly hard to cope with changing letter sounds (and ? ask any April) and different spellings for identical sounds (you ? use; roll ? coal, bowl).

My blog englishspellingproblems.blogspot.com lists all English spelling patterns and their exceptions and explains what learning and teaching problems the irregularities of English spelling cause for dyslexic children.

My son who is now a university lecturer found it hard and took longer than most to get to grips with reading and writing, but got there in the end. I think much of it was due to our perseverance. His teacher used to write the tricky words that kept tripping him up (could, would, friend, thought, people) on little cards which he brought home in a tin and we practiced each night. Anyone can do that at home by listening to their child read a page or two until they collect about five tricky words and then practice those. ? The tricky bit is not to overdo it, to stay relaxed about it and to keep it fun. (It?s good to start doing that even if u are trying to get some more help via school.)

We also kept emphasizing that he was having trouble because too many English words had some silly letters in them, that his difficulties were not his fault. - He just had trouble coping with stupid spellings.

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RockinSockBunnies · 10/12/2010 11:35

Attila - Could I please ask something . DSS is ASD (and poss ADD too). His school are applying for a statement, with parental support. The SENCO is collating documentary evidence (of which there is lots). DSS is falling behind academically (in maths in particular, and writing, though he's far above average in reading and science). His work is generally deteriorating. However, he is certainly not two years behind.

If the Local Authority refuses to assess him for a statement (which, given the evidence, I would find somewhat hard to think they would, but realise that what I think and what they do are two totally different things), does the school have no right to appeal if they have made the request? What would the appeal process be in that case?

Thank you!

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AttilaTheMeerkat · 12/12/2010 16:44

Blanket policies like "child must be x number of years behind" in order to apply for a statement are illegal in law.

You'd be far better off applying for a statement yourself and asap as you can appeal if the LEA say no. IPSEA have model letters you can use:- //www.ipsea.org.uk.

If you apply you know its been done then, schools can sit on applications for ages and thus delay it even further. Statements as well can take 6 months to set up once the LEA agree to assess.

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madsadlibrarian · 22/12/2010 15:19

the "no blanket policies" rule kind of works against parents in that it makes it impossible to find out what criteria are used [though it looks as though it might be 2 years behind academically or else anxiety or other needs so severe that they cannot participate in most activities/access the curriculum]

on a similar vein I was baffled by the comment in the OFsted report on SEN (sept 2010) that a very high proportion of statements are given in year 5 in order to preserve the support that a child has had in primary school at SA+ ...yet this doesn't fit in with the SENCOP criteria at all as far as I can see.

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madsadlibrarian · 22/12/2010 15:20

RockinSockBunnies

AFAIK under s329A of Education Act the parent can appeal if statutory assessment is refused - as long as either the school or the parent has requested the SA

IPSEA website has info on appeals on there

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mrz · 22/12/2010 15:38

I'm a Senco and just had 2 applications for statements turned down (1 child is ASD the other SLd) because both have made good progress although considerably behind it has been stated the school is meeting their needs. So please don't blame the SENCO all staff want the best for the children in our care but if we do it well we find children lose out.

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basildonbond · 26/12/2010 22:26

It always amazes me how differently different LEAs interpret the statementing process

both ds1 and ds2 have statements - ds1's is for the maximum amount our LEA awards to a child in mainstream school - and they're both well ahead academically - in fact, ds1's statement actually mentions his 'giftedness' as an SEN

so ime being ahead is no barrier to getting a statement, let alone not being far enough behind ... Confused

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Willmum · 15/01/2011 01:24

our lea actively promotes the idea that you have to be x amount behind or in the bottom ...% in order to get a statement. Our senco tells me this is what she is told by the lea.

I know it's wrong but we have kids who don't have statements but should have as school apply, the lea refuse and the parents don't appeal (school's can't appeal). It's a very sad situation.

But there is nothing to stop you applying as a parent. I would do so now anyway. Then the lea will ask the school for their documentation so you may find it all happens a bit quicker.

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