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Statutory Assessment and good academic progress?

(29 Posts)
FancyAnOlive Sat 01-Feb-14 14:42:37

My LEA has agreed to SA for my dd but I am really worried they will say no after the assessment and issue a note in lieu instead because she is doing reasonably well academically and is not behind. She is in Y1 and after a slow start in Reception she is now learning to read and write. She has autism and is totally hyperactive, an absconder and climber, v impulsive with little sense of danger - so school are saying she needs 1:1 to keep her safe, plus she has the concentration span of a flea so can only complete tasks if she has support! Lots of sensory needs, lots of meltdowns too.

Has anyone managed to get a statement for their child who has been doing ok academically on the grounds of 'other needs'? If so any advice about what to put in the parental contribution bit of the form (which on MN advice I have retyped as a Word document and is currently 5000 words long!).

bjkmummy Sat 01-Feb-14 14:49:00

Hi, my middle son achieved a 3 at his sats in year 2 which is above average - he Didn't have absconding issues etc but does have asd and autism. He was able to get a statement with no issues. He got 20 hours although 6 months later it all started to fall apart and it was increased to full time. He's now in an independent school.

I'm also applying for my daughter re dyslexia and she is 4 years behind and they have said no to her which I'm appealing. The discussions I've had on here are than when it comes to autism there academic levels don't seem to affect the statementing process as their needs are also with socialising, the classroom environment etc so I wouldn't get worried too much about her academic levels.

FancyAnOlive Sat 01-Feb-14 16:08:50

Thanks for that, it does encourage me!

HugAndRoll Sat 01-Feb-14 16:10:55

Well that's a relief to read as I've been told otherwise (no point applying for SA as ds1 is academically able).

bjkmummy Sat 01-Feb-14 16:56:14

sorry I meant asd and adhd !

wetaugust Sat 01-Feb-14 17:02:34

Academic progress (or lack of) is only one indicator that a child may have special educational needs. There are a whole host of non-academic reasons why a child may need a Statement, including social and communication difficulties, behavioural difficulties etc etc - while having no academic issues at all.

geogteach Sat 01-Feb-14 17:18:45

Not autistic but my DS got a statement at the end of primary with level 5's. He was loosing his hearing and got it because he was going to be having cochlear implants at the same time as secondary transfer. We got a note in lieu initially but this was changed before we dot to appeal.

AttilaTheMeerkat Sat 01-Feb-14 18:17:54


Do not get hung up on academic levels - the only criteria for a Statement is need of one and your DD certainly needs a Statement given her additional needs.

Never, ever accept a Note in Lieu if this is offered as it is simply not worth the paper it is written on.

Your DD needs a statement and support to access the National Curriculum; without this in place she struggles to keep up with her peers.

AttilaTheMeerkat Sat 01-Feb-14 18:19:16


re your comment:-
"Well that's a relief to read as I've been told otherwise (no point
applying for SA as ds1 is academically able)".

Who told you this btw?.

They lied to you if you were told that it is no point applying for a statement if you were told that your DS is "academically able". Statements are also issued for social and communication needs as well.

HugAndRoll Sat 01-Feb-14 18:44:06

A few people in various areas. The senco didn't seem thrilled with the idea either! Ds1 has hfa, hypermobility, hypotonia and sensory issues (seeks proprioception, some auditory processing sensitivities) and a functional motor delay.

His medical team seem shocked that he doesn't get any 1:1 support in school, his teacher seems shocked they think he needs it (see my bottom wiping thread hmm)

AttilaTheMeerkat Sat 01-Feb-14 19:03:27

Some naysayers like the SENCO really do not want the extra work that accompanies a statement hence all the no's. I would be looking at other schools because even with a statement some schools still fail at supporting children with additional needs.

Ignore the naysayers because you are your child's best - and only advocate.

HugAndRoll Sat 01-Feb-14 19:32:22

Thank you attilla

ouryve Sat 01-Feb-14 19:44:07

DS1 is extremely bright and has a statement. Progress isn't just measured academically - it's socially and physically, too, including peer relationships, behaviour and so on.

autumnsmum Sat 01-Feb-14 20:18:25

Watching with interest as it looks like I will have to go down this route with ds and I'm petrified he has high functioning autism and very hyperactive behaviour

FancyAnOlive Sat 01-Feb-14 21:15:38

That's really helpful, thanks everyone for your comments. If we get a note in lieu I will definitely appeal!

Skylar123 Sat 01-Feb-14 22:04:22

I'm in same boat. Senco used to tell me Ds was too bright for a statement, would never get one, she's doesn't give me that bull anymore as I have corrected her thanks to M'ners !
Ds has social and communication issues , no bad behaviour at sch, only when he gets aggressive with senco requesting him to come into school when he refused to come out of the car in sch car park which to date has only happened twice.
Good luck with your statement

MariaNotChristmas Sat 01-Feb-14 22:09:55

absconder and climber, v impulsive with little sense of danger - so school are saying she needs 1:1 to keep her safe, plus she has the concentration span of a flea

If the school are prepared to put that lot in writing, your dc might actually get the statement on first go. Health & safety concerns occurring on school property are quite helpful. You can't really get away with saying 'they all learn in their own time' if you have to keep calling 999 for help to retrieve an escaped child off the roof. wink

StarlightMcKingsThree Sat 01-Feb-14 22:41:20

If she is causing a problem to the school then her chances of a statement are increased.

lougle Sat 01-Feb-14 22:47:23

I'd say you've got a great chance. Health and Safety trumps anything else.

claw2 Sun 02-Feb-14 17:03:54

Ds has a statement.

He is very able academically and is not behind (although he doesn't perform to the standard of his ability). His difficulties are social, sensory, motor skills, SAL, attention etc, etc.

SEN COP 5:23 ‘provision for a child with special needs should match the nature of the need’

SEN COP 5:41 states ‘Whatever the level of pupils’ difficulties, the key test of how far their learning needs are being met is whether they are making adequate progress’.

SEN COP 5:42 adequate progress can be defined in a number of ways. It might, for instance, be progress which:

•closes the attainment gap between the child and their peers
•prevents the attainment gap growing wider
•is similar to that of peers starting from the same attainment baseline, but less than that of the majority of peers
•matches or betters the child’s previous rate of progress
•ensures access to the full curriculum
•demonstrates an improvement in self-help, social or personal skills
•demonstrates improvements in the child’s behaviour

bjkmummy Sun 02-Feb-14 17:15:05

my headache is that looking at the definition of adequate progress covers just about every child so it appears its very easy for a LA to argue the adequate progress reason or is there something that im missing? and I need to find it asap as ive lodged my tribunal papers and I know this is going to be the thing that will be argued over - in my opinion she hasn't as tests showed she not reaching her potential and is substantially behind where she should be but as she made on sub level progress in 2 years that's now 'progress'

claw2 Sun 02-Feb-14 17:39:25

BJK 'Matches or betters the child's previous rate of progress'

For example ds was reported by EP to have the reading age of a 12 year old, yet he was reading 2 nc level. I did cover his up and down attainment levels.

However, my focus and reason for applying for a statement was not because ds was behind academically, it was for all his other difficulties and the impact they had on him.

They probably will argue that other difficulties are not getting in the way of academic progress, but that isn't why you are applying for a statement.

bochead Sun 02-Feb-14 17:47:52

Forgive me my cynicism, for I have ..........

My lad got a statement at the first attempt - I'm convinced because he was a bolter. No La wants to risk being sued because a 5 year old fell off the school roof or went under the number 29 bus. It's the sort of thing that local media outlets jump all over and that scares the general population of middle-class parents schools are so keen to attract.

Chair throwers and escapologists get first priority for statements as far as the Town Hall jobsworths and bean counters are concerned. This isn't fair or just, but years of anecdotal evidence (mum was a sn teacher) have led me to this cynical conclusion. Senco's don't think with a "legal/PR head" in quite the same way, too many teachers still assume "the system" actually cares lol!

Where you'll encounter difficulties is in ensuring the statement as written actually meets her academic and social needs properly. I'll be shocked if you don't get a badly written initial document that covers the LA's arse on the legal front in case she does ever escape school grounds.

bjkmummy Sun 02-Feb-14 17:54:36

for me claw it will all be about academic progress as this is relation to dyslexia this time - im am having her assessed for dyspraxia as well but the jury is out on that one at the moment - in my refusal letter my LA kindly explained that if she is dx with dyspraxia then im to tell the school and they can add it to her iep!

claw2 Sun 02-Feb-14 18:02:50

Oh sorry BJK, I assumed your applied for other difficulties due to the thread!

There are 3 sub levels a, b, c to each level.

Children are expected to work their way through one level every two years, so progressing 1.5 sub levels every year.

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