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APPEAL TOMORROW!

(24 Posts)
bonkerz Tue 25-Sep-07 17:28:53

Sorry for the caps. Im so nervous. Have my appeal tomorrow to get my son assessed for a statement.
HAve spent the last few weeks trawling through 400 pages of evidence to try and PROVE that my son meets the LEAs criteria for assessment.
DS does not have a diagnosis BUT a peadiatrican has referred to CAHMS and we are waiting on a full assessment with view to diagnosis of aspergers.
At school DS is not coping at all and his behaviour is difficult to manage as well as being unpredicatble and violent and disruptive. The LEA say that they wont assess because DS is achiving targets academically for his age BUT emotionally, socially and behaviour wise he is not dosplaying age appropriateness!
I am having to blatently poiint out to the LEA that DS regularly cayses severe damage to himself and classrooms as well as being violent to staff and pupils.
When I applied for the assessment he was turned down before any evidence was gathered just on the basis that my son is clever!

I am so nervous about tomorrow. I know what i need ot say. I have 4 pages of evidence to support what i am going to say including reports from school, ed psychs and peadiatricain BUT the only thing i cannot prove is that DS is under achieveing becasue technically he isnt. Although his predicted grade for stas in july were 2A/3 for all subjects but he actually acheievd 2Bs which is normal for his age BUT he is capable of more than that! His school has also pointed out that DS is capable of more but his behaviour is preventing him progressing and developing to his full ability.

What should i expect tomorrow?

sarah573 Tue 25-Sep-07 19:21:52

Good luck bonkerz, I hope it goes well tomorrow.

Your DS sounds just like mine. Very bright and achiving academically, but emotionally, socially and behaviour wise - lets just say my 4 year old is well ahead of him (he's 9)!!! We too think he has AS.

They did agree to assess my DS for a statement, because he is only at school for 3 hours a day - they cannot cope with him for more that this. They have said we are unlikely to get any funding from the statement (he needs 1:1) IF we get it because of his academic ability. He's a whiz at maths, but his other subjects are suffering because he's missing half the school day.

Let us know how you get on.

magic5 Tue 25-Sep-07 19:24:32

mine took a year of appealing,twice turned down through an incopitdant senco and then awarded low care i went on to win my second appeal for middle care,low mobility.The panel was made up of one doctor,one lawyer and a disabled rights man.The doc asked two questions,the rights man a few questions and the lawyer spoke the most.They will tell you whom they are at your appeal.I took with me a asd rep and my sister.The dss didnt bother turning up.My took 45 mins and afer which they said sorry i was put through a year of grief and backdated mine to the first time i applied.Good luck tomorrow.

dustystar Tue 25-Sep-07 19:30:55

Good luck bonkerz

Ds is just like this and he has a statement. He is bright and so copes fine with the academic stuff but his behaviour holds him back and he disrupts the rest of the class.

Before he had his statement and full-time 1:1 his behaviour was very like how you discribe your ds. He is now 7 and has had the support for 2 years and he is doing so well that he has been able to go back into his normal year group this year (he had been backyeared).

He still needs the support or else he is disruptive and can't cope. He also doesn't have a dx and I'm not sure he'll ever get one although he has traits of AS/ASD and ADHD.

I think the only reason we got a statement so easily is becuase his first school were so crap and he was excluded 3 times in as many monthssadangry It made him an urgent case though so it has worked in our favour since i am sure that even though his current school are fab that without the funding from the lEA they would not be able to support him adequately and he would have spent the last 2 years struggling instead of achieving.

Hope everything goes well tomorrow. Come back and ket us know how you got on.

bonkerz Tue 25-Sep-07 20:21:37

thanks for the replies.
magic, my appeal is for a statement for extra support at school. DS already recieves middle rate DLA and i get carers allowance as i have had to give up work to be here when he kicks off at school.
Dusty: Ds has actually moved schools recently. Back in June he was excluded for fixed period which made his total 7 days last school year. his old school was shit and had labelled him naughty (see various threads on here!) His new school is much better and is doing a great job but 3 weeks into starting and cracks are beginning to show! Im in a weird position because new school IS better than old school BUT have to use evidence from old school to try and get this assessment.
Sarah: Dss old school placed him on half days due to their inability to cope with DS. When even half days became an issue they excluded him. We have moved him but his grades have definately suffered and now he is trying to learn and make new friends which he is finding very difficult.
Once we win this appeal i will be pushing for full time 1:1 support for him but i really dont hold much hope!

macwoozy Wed 26-Sep-07 09:10:41

Good luck today bonkerz.

My ds got a statement and fortunately it didn't lead to an appeal but I can imagine how very anxious you must be today. I'm sure that if my ds wasn't so disruptive at school he wouldn't have got his statement, he is underachieving but certainly not enough to warrant a statement.

bonkerz Wed 26-Sep-07 12:00:25

thanks woozy. Im determined to fight my sons corner! Just put on my war paint!!!! Off in a minute as have to be there an hour before to try and get late evidence submitted!!

magso Wed 26-Sep-07 12:28:35

Hope all goes well today!

caroline3 Wed 26-Sep-07 14:15:10

Just wanted to add my support, I guess you are in there now, so I am sending you lots of mental good wishes.....

My DS sounds similar to yours but although he is only on school action + he is getting three social skills sessions a week plus support (not one to one) from a LSA for about half the school day. This has now started to make a big difference to his behaviour and he really seems to have turned a corner this term.

It is so important that our kids get the support they need at the right time. I truly believe that this can make all the difference to how they turn out.

PS, he is still obsessed by Dr Who and Ugio cards however so nice to see the AS has not gone, he is just learning to cope with it better..

coppertop Wed 26-Sep-07 14:28:44

I'm a bit late to this but hope it's going well, Bonkerz. xx

dustystar Wed 26-Sep-07 15:43:36

How did it go bonkerz?

bonkerz Wed 26-Sep-07 17:41:06

hi all. just got back.
Its hard to tell how it went really. I put across alot of the points i wanted to make and TBH i think the LEA shot themselves in the foot alot! The original LEA bloke who turned down assessment purely because of achievement decided NOT to be in the meeting and although he was outside he sent in his boss!! She did not really say very much except that she felt statements were for children who needed special schools!! Obviously this was shot down in flames by the sendist board who patronisingly said that if that was true we wouldnt need statements at all!!! The LEA had bought along DSs new head teacher to support them BUT they submitted late evidence that proved DS is STILL showing signs of problems same as last school and when questioned further the head had to admit that DS was the most problematic child with regards behaviour and that she herself was having to spend alot of time providing support to DSs teacher! The late evidence also included a log from DS teacher who stated he felt frustrated at the amount of disruption DS is causing and that already DSs peers are picking up that DS is different!!! Lots of things in our favour really. ED PSYCH was proven to be a lazy pen pusher and actually did nothing to support the LEAs decision NOT to assess and when head was questioned she said she felt DS was coping fine at moment which was a statement she soon retracted when questioned further!
Will know the result in 10-12 days so its just a case of fingers crossed really.

Think 2 things were really good and shoved metophorical fingers up at LEA.......referral to CAHMS which i submitted as late evidence .... Ed Psych did not like this as he had told me back in May that DS would not get a referral and acceptance to CAHMS!!!!!! also the fact we now get DLA...one of the board was also on DWP board and stated clearly that DLA is not awarded lightly and that this proved that DS needed far more support at home than a normal 7 year old and seeing as his behaviour is reportably worse at school she felt this was a significant peice of evidence!!

But who knows. DSs new school certainly has alot of plus points and can talk the talk with regards putting support into place and i had to point out that we needed a statement to ensure this happened for sucurity and consistency for DS!

coppertop Wed 26-Sep-07 17:51:30

The LEA boss sounds like a loon. Statements only for children who need a special school! hmm

It sounds as though you have a good chance of getting a statement (without wanting to jinx it of course). Good luck.

flyingmum Wed 26-Sep-07 18:25:22

Well done Bonkerz. Massive glasses of wine being sent your way. You sound like you have a brilliant case and I know that SENDIST regard LEAs messing them around in a really dim light. I hope the decision goes your way. I was told that SENDIST really want to hear from someone that knows the child and the headteacher certainly seemed to do so - afterall if she says he's very problematic and the previous school couldn't cope they can't get anymore evidence than that can they??????

Anyway you've done a fantastic job for your son and your school know that too so fingers crossed.

All the best

sarah573 Wed 26-Sep-07 21:36:04

Well done bonkerz - keeping everything crossed for you
xxxx

bonkerz Wed 26-Sep-07 21:41:40

THANKS for the messages.
Do you think it would be inappropriate for me to send a thankyou card and some flowers to my Parents in Partnership lady? She has been amazing and really focused me and today when i got a bit behind she wrote notes and prompted me. Without her i really couldnt have done it!

AttilaTheMeerkat Thu 27-Sep-07 07:13:11

Bonkerz

Am late to this thread.

Big Gold Star to you for taking this crap LEA to tribunal. I bet SENDIST ate this lot for breakfast; the LEA made a real pigs ear of their so called case against assessment.

Am only sorry though that you had to go to tribunal. Well done you also for not giving up.

Hopefully SENDIST will say yes to your request. I think about 60% of cases submitted to Sendist go the parents' way so in that area there is hope too.

AttilaTheMeerkat Thu 27-Sep-07 07:13:55

Certainly do send some flowers and a card to the PP lady if you so wish. It will encourage her to help others put in the same position.

dustystar Thu 27-Sep-07 15:28:14

Well done bonkerz and fingers crossed they reach the right decisionsmile

i agree with meerkat to send flowers etc - it will make her day i'm sure.

macwoozy Thu 27-Sep-07 16:05:05

That sounds really promising, I really hope you get a good result there. I think it's a lovely idea to send some flowers.

bullet123 Thu 27-Sep-07 16:33:52

It sounds like it went well, hope you get the result you need.

bonkerz Thu 27-Sep-07 18:16:11

Thanks all of you! The waiting is the hardest part. Cant think about anything else TBH. Ds came home today and said he was going to be working with a new teacher every day for a bit (one of the TAs that are employed for children on statements) so im not sure if that means the school think we will get the assessment or just that the head listened to my statement about prevention being better than cure and about why wait to put things in place after he has been excluded! Also had phone call from sudent support today and they will be going in next week for meeting with head about working with DS!
Am trying to find out where i can send the flowers to as im not sure her office is a great idea!!!

caroline3 Thu 27-Sep-07 21:27:46

Good for Bonkerz, it is fantastic that you are standing up for you child and I hope so much that you get the support you need.

WHY OH WHY do the powers that be make it so difficult for parents of kids with SNs to obtain the requisite help. O.k I know the answer to that question but it is so cynical, they are relying on a lot of parents not having the enery to put up a fight. This is so wrong...

bonkerz Wed 03-Oct-07 12:49:05

STILL WAITING, get butterflies every time postman comes. DS being awful at school this weeek which is reinforcing need for this appeal to have been successful. No news is good news and i dont wanna get my hopes up and i swear if it comes back as we have lost i will not be able to carry on!

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