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What do I write for dyslexia tribunal?

(9 Posts)
kafkesque Tue 11-Feb-14 17:28:26

Refusal to Assess

Under rule 5 of the tribunal rules I have to provide the following information:

Give written reasons why DS1 requires a statutory assessment. How does his ability impact on his education.

Written confirmation why I consider DS1 requires statutory assessment. What are his needs or difficulties with regards to his education.

I would have thought simple he is moderately dyslexic and have provided a huge report to that effect but no they have sent me questions to trip me up!!!

Can any body help as what specifically/detailed do I write? Is there an example to follow anywhere? I can write he cannot do the subject called "writing" and he is way behind compared to other subjects and is very badly behaved whenever asked to do any sort of work but that's about it.

bjkmummy Tue 11-Feb-14 17:39:37

who has asked to provide this? im on the same journey as you as well. my hearing is in 3 months time. what stage are you at in the tribunal?

lougle Tue 11-Feb-14 17:46:49

You need to go back to the basis that Statutory Assessment is granted on and show that you fit that criteria.

"An assessment under section 323 of the Education Act 1996 should only be undertaken if the LEA believe that the child probably has special educational needs and that the LEA needs or probably needs to determine the child’s special educational provision itself by making a statement." (para 7:4, page 74; SEN Code of Practice)

Look at the refusal to assess notice. On what grounds are they refusing to assess?

I would imagine that they have accepted that he has SEN, because you have provided a report which confirms moderate dyslexia.

I would also imagine that they're refusing on the basis that they don't believe that "the LEA needs or probably needs to determine the child’s special educational provision itself by making a statement."

So your case is going to be built around the premise that the LA do in fact, need to determine (ie. set out) his special educational provision itself by making a statement.

kafkesque Tue 11-Feb-14 19:54:50

Thanks lougle

BJK I will have to look at some of your threads. The tribunal has asked for it. The date for this particular hearing is May.

We have just received our Appeal number with Timetable of Key dates. Have you received yours yet? As I remember you put your in a week before mine.

They are refusing to assess because they feel DS1 special educational needs are understood by his school and the school has appropriate provision in place to meet those needs.

Again as with DS2 ASD it's not the statement he needs but the assessment. This was key to DS2 receiving his statement in the end as they found out other stuff. If that makes sense. I know DS1 has dyslexia but don't know about other stuff such as possible dyspraxia or Aspbergers.
I really don't want to pay another £3,500 on private reports but may have to.

bjkmummy Tue 11-Feb-14 20:01:07

yes we are in the same position - I need to go and re read my paperwork as I have missed this. my hearing is in may as well - im the first week. mine is refused as needs can be met at school action plus. I also think dyspraxia is there - I have a private OT seeing her next month to see if she does or doesn't have it

bjkmummy Tue 11-Feb-14 20:07:30

ive gone through my paperwork and cant see it says this anywhere in my paperwork so slightly worried now in case the tribunal have forgotten to send it to me or that I need to go on the tribunal website and download something

kafkesque Tue 11-Feb-14 20:20:06

We are in the second week.

Yes do re-read as I only noticed on second read couldn't believe it as it needs to be in by 18/2 so yours must be soon unless of course you have submitted yours correctly.

We have independent OT booked too for half term. Same - mine is refused as needs can be met at school action plus.

Our cases are very similar so somebody else must have gone through this already, with threads for us to look at.

" DS's difficulties appear to be well known by his school and the appropriate support is in place to support him, both academically and in his self esteem. The panel noted that DS is making progress across all his sunjects. DS is not acheiving as well in his progress with writing however the Educational Psychologist reported that the school are supporting DS" Ed Psych only knows about DS1 because of DS2 ASD not assessed him!

"The Educational Psychologist suggested a referral to the local Specific Learning Difficulty Base (Spld) regarding his writing difficulties" again only through a telephone call with the SENCO - not assessed!

"The local Specific Learning Difficulty Base looked at DS's writing as an 'unamed Pupil Causing Concern' "

kafkesque Tue 11-Feb-14 20:21:08

BJK you must have submitted yours correctly.

bjkmummy Tue 11-Feb-14 20:50:50

the first date I have to do anything by is mid march when I have to send my attendance form and case progression form - the la week before have to send their response so it looks like I don't have to do this.

my refusal says

not appropriate to undertake SA at this time as she does not meet the agreed criteria (but doesn't say what this criteria is or publish it anywhere)

whilst acknowledged she has SEN her needs can be met via school action plus level of support

then listed her NC scores which put her at year 2 when shes year 5

her previous school say dyslexia screening test done online but it didn't indicate need for particular additional intervention. she was not placed on the sen register.

says that due to concerns raised by me she was given an IEP which will be reviewed in april. plan focuses on literacy and numeracy. then lists all the additional support school have done.

in addition to this she is receiving tuition in school via a teacher employed by yourselves to work on the aspects of learning identified by the report for dyslexia action . report was written and shared with the school which they've used to inform the IEP. (this is the same IEP that was only done cos I raised concerns apparently)

school need time to implement iep and this needs to be done over 2 terms.

if school feel appropriate they can call in their LA teaching service or EP (she's out of county, we have no specialist teachers, school refused to call in their EP as she wasn't 6 years behind)

school reported no concerns re dyspraxia

and that's it!!! no mention of her dire scores from the dyslexia report, no mention that she is substantially behind academically, no mention of the written report where school said interventions have made no difference at all, no mention that as each year goes by she has fallen further behind

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