Statement request turned down.....

[countydurhamlass]

ds, aged 6 (7 in Nov) has a piece of a chromosone missing and it affects his health and learning etc. he is about to start year 2 and at the end of June the school suggested we apply for a statement as he is about a year behind. he is not just behind in one or two things, he is a year behind in everything. This will not get better and will only get worse the older he gets. the older he gets the further behind he will fall. Its a progressive thing, ie he may not have got one problem now but he may develop it (not quite sure how to explain it. the school have noticed that he works better one to one or in a small group and since they have been giving him a little extra support (off their own backs and funding) he has improved. the school,therefore, prepared the forms, gave details all about his condition, how it affects him, enclosed professional reports (these were a year or two old) such as from SALT and clinical psychologist. received letter today basically saying they won't be assessing him for a statement because the reports were not recent reports, an educational psychologist is not involved and they don't think he is far enough behind. Do we really have to wait until he is even further behind before they will take action???? it doesnt make sese.

After we made the applicaion we received his recent clinical psychologist's report which stated they supported the school in making the application. Do you think that if i rang them and said i had a new report they would look at the case again or do i go down the formal appeal process? any advice appreciated.

You can appeal the decision. Look at the IPSEA website for advice.

Unfortunately, as with DLA, if the impairment is not severe and physical, it seems applications in some areas are usually turned down as a first resort, as ours was, and accepted once the parents have proven they want it enough by appealing, as if it wasn't difficult enough in the first place
Absolutely appeal though as it definitely sounds as if your DS should be getting this.

It is worth contacting the LA disputing their reasons for refusal and stating that you have a new report. If they assess then EP is involved and new reports are made so they are just trying to fob you off. When I was refused I wrote a letter disputing every reason for refusal and asking them how they reached their decision on the evidence they had. I also confirmed that I would be going to tribunal. They would have struggled to answer my letter and shortly after I sent it they wrote to state they would assess. As Star says a lot of LA's refuse every request and hope that parents will just accept that. Advice from the experienced 'fighters' on this board gave me the knowledge and strength to take them on. It takes a lot of persistence but you'll get there eventually. Just sad that we all have to put up such a fight to get our dc's needs met.

thanks for your advice, i think i will follow you fightingthela and write to the la disputing and enclose new report stating also i will be going to tribunal.

i can't believe that they are not willing to do anything until he falls so far behind they have no choice, in the meantime he will become more and more vulnerable to bullying which makes me even more angry because his social skills are delayed and he will not participate in a large group or initiate conversations with other kids to start with.

thanks again

my DS1 has asd and was given a IPFA individual pupil funding agreement hes in mainstream and it is the same as a statment just cheaper and easier for a mainstream schools so to be turned down is v unlikely . ask the school when you go back to apply for one also get in toutch with perant partnership they help with all aspects of education. tell the school they need to set up a tatc meeting aswell team around the child this will count for recent docs assesments etc hope this helps xxx

Yes Star is right about that too. They may try to string it out as long as possible. I had the Case Manager 'phone me to advise that they were going to assess (bit of a shock) but obviously ensured that I had this confirmed in writing. I also sent a copy of my letter to her by e-mail so they couldn't say that they hadn't received my letter in the post .

Katee,

An IPFA is NOT (absolutely nowhere near!) the same as a Statement. The Statement is legally binding for a start, anything short of a Statement is not legally binding. Your LEA has short changed you here.

OP - appeal their crass decision not to assess as a matter of course. IPSEA has a useful information pack called Refusal to Assess.