Anyone got any case law for refusal to assess a child with HFA/aspergers/SPD/specific learning diffs??

[Ineedmorepatience]

Please can someone help me I have no idea where to look

[Nigel1]

You should not be looking to run this on the basis of case law. The issue is how severe are the full range of needs. Do they require a level of support that is beyond that which a mainstream school could be expected to support form its own resources. Prove that and you are in.
It comes down to evidence.

[Ineedmorepatience]

I agree and have done that but surely every little helps?

[claw2]

www.ipsea.org.uk/what-you-need-to-know/refusal-to-assess.aspx

www.ipsea.org.uk/what-you-need-to-know/refusal-to-assess.aspx

www.ipsea.org.uk/what-you-need-to-know/refusal-to-assess.aspx

[claw2]

and the SEN COP, which part of the SEN COP or case law you quote, will depend on what your childs needs are etc.

[Ineedmorepatience]

Thanks claw will look later

[claw2]

Some of the ones i have used.

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

SEN COP 7.34 in deciding whether to make a statutory assessment, the critical question is whether there is convincing evidence that, despite the school, with the help of external specialists,taking relevant and purposeful action to meet the child’s learning difficulties, those difficulties remain or have not been remedied sufficiently and may require the LEA to determine the child’s special educational provision. LEAs will need to examine a wide range of evidence. They should consider the school’s assessment of the child’s needs, including the input of other professionals such as educational psychologists and specialist support teachers, and the action the school has taken to meet those needs. LEAs will always wish to see evidence of, and consider the factors associated with, the child’s levels of academic attainment and rate of progress. The additional evidence that authorities should seek and the questions that need to be asked may vary according to the child’s age and the nature of the learning difficulty.

In considering whether a statutory assessment is necessary, LEAs should pay particularattention to:

• evidence that the school has responded appropriately to the requirements of the National Curriculum, especially the section entitled ‘Inclusion: Providing effective learning opportunities for all children’

• evidence provided by the child’s school, parents and other professionals where they have been involved with the child, as to the nature, extent and cause of the child’s learning difficulties

• evidence of action already taken by the child’s school to meet and overcome those difficulties

• evidence of the rate and style of the child’s progress
• evidence that where some progress has been made, it has only been as the result of much additional effort and instruction at a sustained level not usually commensure with provision through Action Plus.

[claw2]

SEN COP 7:43 LEAs should also seek evidence of any other identifiable factors that could impact on learning outcomes including:

• clear, recorded evidence of clumsiness; significant difficulties of sequencing or visual perception; deficiencies in working memory; or significant delays in language functioning

• any evidence of impaired social interaction or communication or a significantly restricted repertoire of activities, interests and imaginative development

• evidence of significant emotional or behavioural difficulties, as indicated by clearrecorded examples of withdrawn or disruptive behaviour; a marked and persistent inability to concentrate; signs that the child experiences considerable frustration or distress in relation to their learning difficulties; difficulties in establishing and maintaining balanced relationships with their fellow pupils or with adults; and any other evidence of a significant delay in the development of life and social skills.

SEN COP 7.48 In cases where it is the parents who first express a concern to the school or setting about the child’s progress, the LEA should ask to see evidence that the concerns have been investigated thoroughly, in the same way as if the child’s teacher had expressed a concern. LEAs should also seek any medical advice which has been made available to the school or setting about the child, and will wish to seek information from the child’sparents as to any medical condition that could be affecting the child’s learning.

SEN COP 7:50 Where the balance of evidence presented to, and assessed by, the LEA suggests that the child’s learning difficulties:

• have not responded to relevant and purposeful measures taken by the school or
setting and external specialists and may call for special educational provision which cannot reasonably be provided within the resources normally available to mainstream maintained schools and settings in the area, the LEA should consider very carefully the case for a statutory assessment of the child’sspecial educational needs

[claw2]

What were their 'reasons' for refusing? and there is probably some case law.

[StarlightMcKingsThree]

Why have they refused?

Case law probably not the key thing at this stage, because the law is pretty clear enough without interpretations needed.

[Ineedmorepatience]

Ok thanks everyone I will definitely include some more SENCOP stuff and not worry too much about the case law.

star they have refused because a] they are currently refusing most if not all parental requests and telling parents that everything is changing in September so they have to wait!! and b] because they say she is working at an average/above average level on the NC so she doesnt need to be assessed and c] because there is apparently not enough evidence.

c] will be cureed when I produce all my evidence out of my folder which the senco has copies in her folder at school but she chose for whatever reason not to share with the LA!

[claw2]

SEN COP 7.43 (above) gives the guidance for the criteria for deciding whether to assess.

As you can see a) isn't a reason b) isn't necessarily a reason either SEN COP 5.42 and 7:39 academic attainment is not in itself sufficient for LEAs to conclude that a statutory assessment is or is not necessary c) Its their responsibility to gather evidence to see if an assessment is necessary. SEN COP 7.13. Not enough evidence isn't a reason, only evidence that shows that a SA isn't necessary.

[claw2]

educationandrights.blogspot.co.uk/p/applying-for-statutory-assessment.html

IE's blog is brilliant, gives reference to all relevant SEN COP etc and explains it all much better than me!

Good luck

[AgnesDiPesto]

C (not enough evidence) is a reason to do an assessment! Not a reason not to.

[Ineedmorepatience]

Thankyou, thats is all very helpful.