Sorry this is a bit long.....
I would recommend that you get a copy of the SEN Toolkit from the department for education and skills, tel 0845 60 222 60 e-mail [email protected], this is essential if you are considering going down the statementing route.
However, I believe it is better to be forwarned, so I am going to tell you, in my experience it is not easy getting a statement. I do have one for DS2 who had AS, but it was a long difficult road getting it and at the time he was in a very difficult place. You may well be turned down when you first ask, (they say they are unwilling to assess) and you may have to keep on asking or put in your forms to go to tribunal. If you are willing to take it all of the way you may succeed.
I was initially turned down for assesment even though DS2 was on the at risk of exclusion register.
I have not gone down this road for DS1 who is dyslexic and has been at school action plus since reception (yr 5 now).
The reason that I decided to have a private assesment was he had been seen by the EP at school three time and although she said in private to the senco that she felt he was dyslexic, she would not commit this to paper, so all of the tests she did and the reports she wrote did not contain a DX. It's as if they will not give a DX for dyslexia in my borough, I know several parents in my school (we have formed a dyslexia support group) and not one of them has been given a DX of dyslexia by the LEA EP.
Where I live it is very difficult to get a statement for dyslexia, some people do manage it but only by going to tribunal it seems. I know that my LEA say that you need to be 4 years behind, although this is not legal as the SEN code of practise does not say this.
If you intend on asking the LEA to asses you will need to get all of your paperwork together, you will need all of your IEPs and you will need to show that the level of intervention that the school is providing is not working.
Quote - SEN toolkit
Strands of action to meet SEN
Progress
The key test of the need for further action is evidence that the current rate of progress is inadequate.
There should not be an assumption that all pupils will progress at the same rate.
Relating intervention to individual needs:
Decisions about which actions are appropriate for which pupils must be made on an individual basis
By a careful assessment for the pupils difficulties
and
the pupil's need for different approaches to learning
and
the school and classroom context.
With regard to your IEP you should have a meeting at least twice a year to discuss, also the IEP should aim to include SMART targets, Specific, Measurable, Achievable, Relevant, Time bound, if you don't get the chance to discuss the IEP and if it is working there is no point in having it.
The fact that the school have not been reviewing the IEP with you could work in your favour, as it shows that they do not have a rigerous proceedure in place.
I hope you don't think I am being too negitive, I just know that when I went down this road I thought it would be easy and it was not and if someone had told me at the beginning that I would be refused I would have been better prepaired, as it was I cried when they first refused me.
Also I am in an inner London borough with lots of need, so funding is tight.
I did get quite a lot of support from the parent partnership, but I think others have not always had good advice, they are run by the council so sometimes are not as impartial as you need.
I hope that this is of some help and apologise for the many spelling mistakes that this post probably contains!