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To apply for statutory assessment or not.

(44 Posts)
armani Wed 15-May-13 17:11:23

Dd is in yr2 dx with global learning difficulties and poss adhd. She is currently working on p levels 7-8, so significantly behind her peers. She has an IEP but hasn't progressed this year. School have put into place extra support such as an hour a week with a special needs trained ta, precision teaching for spellings etc and still dd is not making progress. School have ref to salt and ed psych but we are currently waiting to be assessed.

I am unsure if I should apply for SA now or wait for ed psych report. Any advice would be greatly appreciated

dietstartstmoz Tue 21-May-13 15:59:16

Glad to hear that, it sounds like you should definately have enough evidence already, fingers crossed it goes smoothly for you.

At the risk of outing myself I have been thinking about this thread and I feel I have to defend some parent partnerships, even though this goes against the general tone of MNSN, but if anyone is lurking on this thread and undecided about pursuing SA I feel I have to say not all PP's are difficult. I work for a neighbouring LA, PP were based in our office, their staff are all very experienced in SEN work, they work V hard, they put on lots of courses/workshops for parents and they are not funded directly through the LA, the staff are all employed by a careers company, and they have the contract to deliver PP. In the years I worked with them they did a great job supporting parents and kicking the arse of schools. I now have a child with SEN, they offered me great support and advice when we were first looking at SEN issues, we live in a different borough and our PP were helpful with the SA process and also came to a meeting at school and kicked the heads arse when he wanted DS to start primary school PT only. I have not personally or professionally had any issues or been made aware of any, although maybe we are unusual where we live-who knows.

armani Tue 21-May-13 12:53:10

Sorry I should have added that if the la turn req down and tribunal agree with this decision, I will apply again immediately with la ed psych report plus indi ed psych report.

Now to gather all of my evidence and crack on with my letter!

armani Tue 21-May-13 12:51:14

Update - I have spoken to ipsea this morning and they strongly recommend I proceed with the application of SA smile
I cannot recommend ipsea highly enough, the lady I spoke to was very helpful and informative.
Ipsea seem to think I have enough evidence to proceed now and if necessary, prove that dd needs SA at tribunal. Also the rule regarding the 6 month wait if our case is turned down is not correct. I only have to wait 6 months to reapply if the la have already assessed. As this is a request for SA, if the la turn it down I will reapply immediately with a private and la ed psych report.

dev9aug Mon 20-May-13 23:12:41

No worries Mareeya. I can't imagine the stress you must be under right now. Hope things work out for you.

Armani here is a link to a copy of the SENCOP if you are interested.

MareeeyaDoloures Mon 20-May-13 22:51:44

dev9, sorry, am hyper-stressed and have early stage humour failure. Armani, it sounds like your OT is an old hand.

armani Mon 20-May-13 22:17:28

Thanks nostoppingme, glad you agree!
Am going to contact ipsea and see what they recommend.
OT said she is fully aware how hard it is to get SA and intends to make report as solid as possible so in looking forward to receiving it!

kittycat68 Mon 20-May-13 22:15:06

you are correct Arman i they are not impartial. schools go on ed physc report, ed phy goes by la guidelines, la set guidelines within there budget. TBH consult ipsea asap, but am sure they will tell you the only way to speed this up is private ed physc report. my two children now teenagers and it took me a while to realise that the LA doesn't have my childrens needs at heart just their budgets. you have to fight for your childs provision the LA just hope that parents will give in and give up. sadly some do.

nostoppingme Mon 20-May-13 22:10:04

Please do not ask for help from Parent Partnership!!!!! Rule no 1......

As you rightly say, they are employed by the LA, therefore, are not going to go against their own employers. Conflict of interest.

All the best and go for it!!

armani Mon 20-May-13 22:03:06

Also parent partnership Are employed by la so are not impartial, along with la ed psych.

armani Mon 20-May-13 22:01:23

I am going to contact ipsea about this tomorrow. I have spoken to parent partnership last week, before latest OT assessment and was told to wait for ed psych report, school to act on ed psych recommendations and then apply on basis of failure to progress. But that could be another year yet of wasted education.

dev9aug Mon 20-May-13 21:44:55

I know Mareeya, I was trying for humour and failed badly..blush

Armani The paed report should be enough to get the ball rolling but do apply for SA. It will probably speed things up. You might want to book a private EP anyway because they generally have a long waiting list and you can decide to either use this appointment if you disagree with the recommendations or cancel if you do.

dietstartstmoz Mon 20-May-13 21:23:24

For us the early years service started the process (with an ultimatum from us) but the DS had lots of assessments as part of the statementing process, including indepth ed psych ones, we did not have to supply anything other than parental comments, and DS's Statement went through, with full hours in a mainstream setting first time, no need for a tribunal. OP-have you spoken to your local parent partnership service?

kittycat68 Mon 20-May-13 21:18:18

£500 for private report is cheap but for a basic report it is probably fine. The LA will try to get out of statementing if they can cos they are so strapped for cash. I would definitely get a private one done if you can. When you go to tribunal they cross examine the LA ed physc if her report does not tally with yours and ask her to justify the difference. Tribunal is not a scary thing the judge will focus on the LA and get them to justify why they wont statement.
When applying for a statement they go on the evidence YOU submit for the request anything you need to aplly for under data protection act or freedom of information takes time although they say within 30 days its often longer, if they turn down the application then u havea set time frame in which to appeal.
If you apply for statement include everything you have, l. Most LA turn down statement applications because no ed physc report is enclosed. Although it costs my strongest advice to you is if you can stretch to one get one done! I went for an indepth one as my LA ed phy report said statement was not needed and needs could be met within school! She got slated at tribunal by the judge for her report!She is employed by the LA and follows there guidelines so if the LA cant afford statmenting the ed physc report will say no statemneting.
strong advise you to contact ipsea and discus with them wether or not you have enough evidence to proceed at this point they are up on the current laws and sen la provisions.

armani Mon 20-May-13 21:03:58

Dev do you think the pead and ot reports would be enough for la to accept request for SA? Then they can send on EP to assess dd's needs in her educational setting.

I can't see how they can dispute her needs, the support she requires is not going to decrease just because she is at school and not at home.

MareeeyaDoloures Mon 20-May-13 20:26:27

Ilike would probably love to be able to do a full-on workup and report on the dc she sees though. But then she'd only see a few per week, which isn't going to get anyone very far.

dietstartstmoz Mon 20-May-13 20:24:39

Hi OP, definately just make a request for a statutory assessment. Our not situation is not the same but our DS2 has autism, and when the statement was started he had significantly delayed development, delayed speech, poor fine motor skills, not toilet trained etc. Up until that point we had only seen the paed for a dx, SALT for initial assessment and the early yrs service were 'monitoring' DS. the Ed Psych assessment and report, medical, OT etc were all part of the stat assssment and all those reports combined together to give us the Statement. Dont wait a day longer, get on the phone tomorrow to the LA and tell them you want to request a Statutory Assessment, dont be fobbed off by the school, or the LA. I dont understand why the school are saying wait. Go for it, and good luck.

dev9aug Mon 20-May-13 20:13:31

The LA might consider your daughters needs from reports by Paed and OT but an EP assessment will be required to determine level of need in an educational setting.

dev9aug Mon 20-May-13 20:10:39

Armani even if the EP did see you, it will be for an initial observation, this won't count towards a report for SA. If you did apply for a SA, then they will have to come out and do an assessment again. This is our personal experience by the way, so not sure if it is true for all areas.

dev9aug Mon 20-May-13 20:07:36

Mareeya you better hope Ilikemysleep doesn't see your last post or you will be getting a telling off from her soon..grin

armani Mon 20-May-13 20:06:32

Yes that's not a problem if we need both. Although it is frustrating as the £500 could be spent on a course of hydro therapy to help ease the pain in dd's legs.
We have just been re ref to physio again so I will enquire about this on NHS.
I can't believe what a battle it is to get my dd some support to provide her with an adequate education.

MareeeyaDoloures Mon 20-May-13 19:58:41

LA EP won't do as thorough a job as the indie EP. So be aware you might need both.

armani Mon 20-May-13 19:56:27

Yes the EP I have been liasing with already has quoted me £500 for assessment and full report. I have a really good consultant pead on dd's case, who specialises in educational needs. I am also hoping LA EP will have assessed dd by the time it goes to tribunal, if not I will have the indi EP assess dd.
I really don't want to lose the 6 months if I can help it, as dd really does need this support.
Thanks for all the advice.

CheeseToasty Mon 20-May-13 19:39:09

I think it is probably true that Ep report would be useful but you could be waiting a long time for it. Ds nursery said they would get ep in... It never happened. At first IEP in reception the school agree to Ep request... It never happened. Eventually I gave up have way through year one and I applied for SA without Ep and got a statement. I did have a private salt report though. I also sent ot, slt and pead reports.

If you apply now and get turned down and you don't appeal you have a 6 month wait till you can apply again. Which in your case may not be too bad. It won't happen any quicker if you wait as you probably won't see Ep till next term.

MareeeyaDoloures Mon 20-May-13 19:36:27

armani, you ought to be able to get a private ed psych report for much less than £2000. Shop around! Also School and LA are obliged to give copies of any paperwork they hold, it's called the data protection act. Legal aid is being cut back quite drastically, but ipsea and sos sen can signpost you to reasonable practitioners. Or you can use an 'advocate'.

School will need to get the ed psych to see her once you request SA (if they do SA she gets it automatically, and if planning to refuse SA they use an ed psych opinion to say no SA needed)

armani Mon 20-May-13 19:04:45

Hi kittycat and nostoppingme, thanks for the advice.
Kitty do u not think I should go ahead with the request for SA then? I have a written report from OT and Pead supporting my application for SA, I have also been liasing with an indi EP, who thinks I have a strong enough case to apply now. Indi EP has also agreed to assess and provide a written report if needed for tribunal.

Will the LA not consider my daughters needs based on evidence from a consultant pead and OT?

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