dla and statement queries

[dennymosh]

I wondered if anyone could help with a couple of questions?

The first regarding DLA - DS1 has Aspergers, Dyspraxia, Hypertonia, Hypermobility and Encopresis. We applied for DLA in November 2009 and had a tribunal hearing in January 2011 which was ajourned so that they could write to the Drs for full notes and also the school nurse.

I have sent pages (and pages!)of documentation from all the different people that DS1 is involved with etc and the tribunal were just waiting for the school nurse report.

I received a letter yesterday from the tribunal which is the information that they requested from the school nurse and the last piece of evidence that they were waiting for but, the school nurse has not completed it, the headteacher has.

The tribunal requested DS1's care plan and nursing records - and the head teacher has replied with one sentence stating that DS1 has no additional needs.

DS1 does have additional needs at school, he has had to be monitored via cctv within the school due to bullying, he attends extra social skills classes, has had to be removed from after school activities as he was not able to be cared for, has a comprehensive care plan (which is not followed as he comes out of school 4 days out of 5 having soiled) and has, in the past been told he can not go on school trips as they can not accomodate him.

He has also been sent home from school as he has soiled - sometimes 3 times in an hour and they can not care for him and he has even been told to stay at home when his soiling is at the worst and the school have sent work for him to complete at home.

So far this term, I have been called in twice to change him or take him home, had 3 meetings with his teacher, two with the senco and one with the school nurse and headteacher.

I don;t know what to so, I feel so annoyed that almost 2 years of writing and collating and waiting may now be wiped out by one sentence, can anyone advise how I can reply to this?

The second question ( sorry this is so long) is that school are applying for a statement - which I am sure that the wouldn't be if DS has no additional needs! Do you think that this is ok or would I be better doing so myself?

[StarlightMcKenzie]

Do it yourself. The HT obviously can't be trusted. You will also have to be copied into what the school say his needs are which you can send to DLA.

[AttilaTheMeerkat]

Apply for the statement yourself then you know its been done then. Some schools sit on such apps for ages.

[dennymosh]

Thank you - I will make a start on it instead of waiting for school. I have a meeting with the senco tomorrow so will see what (if anything) has been done.

[pinkorkid]

Second what the others have said about applying yourself so you are in control of when the process starts - although you should be copied in on everything whether or not you initiate the application.

Also don't worry too much about the school giving such an inadequate response in "support" of your dla application. So long as you can show that their response is inadequate - and it sounds like you have lots of evidence, your application should go through. We had similar "no additional needs" response from school re ds and had to point out the bleeding obvious eg a child who has been put on school action plus as a direct result of refusing to eat at school should be considered as needing support at mealtimes and the list went on..