Need advice while I wait for statement, please?

[starfish71]

I haven't posted for months but have been 'popping in' to gain advice from threads even if I haven't contributed to any but am feeling very overwhelmed at moment and need some good clear advice - know I will get that here!

DS2 has recently (about 2 weeks ago) finally finished his assessments etc and has a diagnosis of ASD. Am very slowly coming to grips with it but it is all a bit surreal to be honest and am still going back to forth to check the diagnosis letter in case I have imagined the whole thing! Sounds a bit nuts I know but it is so strange to be given a diagnosis even when you half expect it.

My reason for posting today is that DS2 has been undergoing SA since February and I was told that panel would be sitting in summer holidays as they had quite a few children on their list but that has fallen through and it is now due to be held on Mon 6th Sept. There have been loads of delays - the main one being the SALT report which took weeks to come through.

DS's school have already told me before holidays that they feel that they are not equipped to deal with his needs and they are most certainly not an ASD friendly school. They start back next Thursday, DS has been moved to another class - going into year 2 - even though I did ask as his teacher was going to be teaching year 2 this year if DS could stay with them until statement stuff and probable change of schools goes ahead. They refused and he has been spilt from some of his friends (you know what I mean) and going to be put with a new teacher who has only met him once for 40 minutes before holidays. I practically begged for him to be kept with his teacher as he will be moving schools shortly I am sure.

Should I tell the LEA that DS will be staying at home until statement is finalised and new provision provided or shall I send him back next week hope he can cope with the change and then put him through more transition when he has to start new school?

I hope this all makes sense, my brain is completely frazzled at the moment but would really appreciate your thoughts or have any experience. Thanks

I cant offer any advice re school as my dd hasnt started till next week and no statement yet. I just wanted to say my dd got her initial dx ASD last week so I understand what your going through in that sense.

I spent the past few days visiting friends with dd and trying to convince myself shes NT....it did go quite well but it was the constant remarks of 'well my boys do that'...'all kids do that'...'oh we had that and hes fine now' The meltdown when we got home over the quilt cover..then the right cup etc...seemed to clarify things but its hard to accept.

Hugs! xxx

Starfish, the LA have timescales for SA. February is a long bloody time. What stage are you at?

Im going through the SA process myself at the moment and also recently recieved dx and moved ds out of his crap ASD unfriendly school too.

I made changing schools my priorty and did this before he received his dx and during the SA process. Best thing i ever did.

Thank you woolytree and claw3 for your replies. Everything is in now in for statement, and all reports seem to indicate that either a speech & language placement or ASD unit is on the cards. I think going with my instinct that I should tell LEA that due to panel being so close that I would rather wait than have to mess my DS around too much.

I had no idea that going through SA process was so hard and long - such a battle and upsetting. Know you understand how tough it is especially with having a recent diagnosis too.

Took DS to get his new school shoes today, he was really good but when I was paying and the assistant said he could have a pack of spongebob cards my DS said 'no' and walked out with the scrunched up paper from inside his new shoe! He was far more interested in that, all I could do was smile.

Going back to SA, I know they must be over the deadline for issuing statement by now - I just want this sorted so I know what is happening.

Star, they agreed to assess ds at the start of June and i should have finalised statement in place by end of November.

Have you received the draft statement yet?

Your ds sounds similar to mine, any 'surprise' birthday/Christmas presents are frowned upon and he gets quite upset, because he 'didnt ask for them'!

Have my diary now, if they agreed to assess say on 1st Feb. You should have had draft statement by 26 April and finalised statement by 21st June. They are way over their deadline, i think you need to remind them of this, very strongly.

right I have checked my paperwork and I asked for SA at beginning of February and had letter agreeing to assess on 30th March. Does that sound right?

You should receive finalised statement 20 weeks from when they actual agree to assess so as from the 30th March.

Have you even received the draft statement yet?

No I haven't, panel are meeting on the 6th to decide if statement is needed but with all the reports and his diagnosis I am very hopeful that it will be a yes. When I rang LEA today and asked about it they told me that they couldn't say anything yet but a change of school was 'likely'.

Diary again! you should have received the draft statement on 22 June. The final statement on 17th August.

This would not have been affected by 6 weeks summer holidays, as you should have already had the draft and there would be no need for them to contact the school etc.

Thanks claw - think I should really just tell them that DS will stay home until the process is complete. Any idea how I would stand legally with it? It is only a few days until panel so should know outcome by 8th or 9th at latest.

Star, "having quite a few children on their list but that has fallen through" is not a reason for not following the timescale.

What they are doing is illegal and they are failing in their duty of care to you ds.

Star, after meeting, you will still have to wait 8 weeks for draft statement to be finalised.

I kept ds off of school until i found a new school, as he was refusing school (about 2 weeks). I had the attendance officer on my back, but i copied him into my attempts to get some appropriate help put into place and the schools reluctance to do so.

If you are planning on keeping your ds off of school, follow up every conversation you have with anyone in writing.

I would also write to the LA urgently or email, its quicker, asking them to put into writing their reasons for not following the timescale and reminding them of their obligations and the detrimental affect it is having on your ds. They are being negligent.

Will have to compose myself and get my act together over weekend and ring them on Tuesday (typical bank holiday).

We have been fobbed off and messed about haven't we? Thanks claw. Feel more informed but depressed now.

Star, unfortunately fobbing off and messing about is what LA's are famous for when it comes to statements.

Sorry to depress you even more, they may offer a note in lieu, instead of a statement if it hasnt gone to panel yet.

might be helpful

Also IPSEA and SENSOS, also have helplines and give great advice.

I will keep my fingers crossed for you, let us know how you get on

Do not accept a note in lieu if this is offered to you; you need that Statement document.

Sorry ive linked you to god knows what there and it wont be helpful at all!

try again, this might be helpful

Thanks for the link will have a good read later. Oh god I hope they don't offer a note in lieu that is my worst nightmare. Surely after all those reports all saying the same things, not one disagreeing, that they couldn't do that could they?!

Need to compose an email now - any suggestions? am grateful

Popping out for a bit but am grateful for any further help suggestions thanks :)

Star, they will do whatever they think they can get away with and often need the Law and legal criteria pointing out to them, in my experience.

I would most certainly be including the fact, by Law, they should have informed you of their decision as to whether they would be issuing a Statement or note in lieu on the 8th June.

and that "having quite a few children on their list but that has fallen through" is NOT a reason they can LEGALLY use for not doing so.

Threatening to take legal action and complaining to your MP, might give them the kick up the arse they deserve.

Starfish, it's terrible that your LA is dragging its feet over the SA process. As mentioned above, the timeline for this is very clear. They're taking advantage of the fact that you haven't pulled them up on it yet (which of course you shouldn't have to, but in practice we parents have to keep pushing).

You've had great advice on how to hurry them up. The helplines have been closed/busy over the summer but hopefully should be easier to get through to soon. Put everything in writing/email and quote the statutory duties.

The current school sound very inflexible and unsympathetic and it's perfectly understandable that you want to protect your DS2 from that. I don't know what the implications for that would be with the attendance officer. I kept DS at home for a term but that was at the school's suggestion and he remained on roll. I never got a home visit or any queries about it, I think the authorities were just happy to wash their hands of us for that period!

When you (finally) get a proposed statement, part 4 will be blank and you will be asked what school you want named there. Have you thought about what placement you want for your son and have you visited any? You mentioned S&L/ASD units but they all vary and the one(s) the LA have in mind may or may not be suitable for your child. You are allowed to make representations for an independent ASD school or a school/unit in another county. It's harder to get the LA to agree that, but don't limit yourself to the LA's provision unless you're certain that it's right for your child. I would encourage you to visit as many schools/units as you can and ask questions about how it can meet your child's needs.

Star, i am in the process of writing a letter myself as they have messed up my timescale too!

After some great advice from Lougle who is the queen of SEN COP.

I am planning on writing something along the lines of:-

I am writing to you further to our telephone conversation today.

I would you to clarify the date of the SA timescale, which you informed me would be the 5th October.

I was expecting to be informed of your decision on 25th August based on the timescale below.

6 weeks to decide to assess. You agreed to assess on 2nd June.

10 weeks to make assessments.

2 weeks to inform me of decision. Which is the 25th August.

8 weeks to finalise.

I refer to Annexe A of the SEN COP as set out below, which lists reasons why the LA do not have to comply with the above timescales and none of them apply in this case.

Annexe A:

"12 (6) Subject to paragraph (7), where under sections 323(4) or 329A(7) an authority have given notice to the child?s parent of their decision to make an assessment they shall complete that assessment within 10 weeks of the date on which such notice was given.
(7) An authority need not comply with the time limit referred to in paragraph (6) if it is impractical to do so because-
(a) in exceptional cases after receiving the advice sought under regulation 7 it is necessary for the authority to seek further advice;
(b) the child?s parent has indicated to the authority that he wishes to provide advice to the authority after the expiry of 6 weeks from the date of on which a request for such advice under regulation 7(1)(a) was received, and the authority have agreed to consider such advice before completing the assessment;
(c) the authority have requested advice from the head teacher of a school under regulation 7(1)(b) during a period beginning 1 week before any date on which that school was closed for a continuous period of not less than 4 weeks from that date and ending 1 week before the date on which it re-opens;
(d) the authority have requested advice from the head of SEN in relation to or other person responsible for a child?s education at an early education provider under regulation 7(1)(b) during a period beginning 1 week before any date on which that early education provider was closed for a continuous period of not less than 4 weeks from that date and ending 1 week before the date on which it re-opens;
(e) the authority have requested advice from a health authority or a social services authority under regulation 7(1)(c) or (e) respectively and the health authority or the social services authority have not complied with that request within 6 weeks from the date on which it was made;
(f) exceptional personal circumstances affect the child or his parent during the 10 week period referred to in paragraph (6);
(g) the child or his parent are absent from the area of the authority for a continuous period of not less than 4 weeks during the 10 week period referred to in paragraph (6)

Could you please confirm why the timescale is not being adhered to.

Yours Mrs really pissed off

As i say a quick draft, i have put together in about 5 minutes, so room for improvement! Hope this is of some help to you.

Great work claw

You could also add something like 'I understand that I am able to seek an application for judicial review against the failure of the LA to comply with the statutory assessment time limit.' That should hurry them up.

I had the help of Lougle, youve also added a great comment. A kick arse letter, dont you just love the power of MN

Thank you all so much, claw that is a great letter! Had a bit of a restless night and it is so fantastic that you have given me such great advice.

Am braving the cinema today with my two boys, and I will start dong my letter when I come home.

You are all great, thank you. I don't feel so alone now. x

Starfish, you could also add a "after seeking legal advice" which seems to get them moving. You dont have to actually seek legal advice to use it!

Legal advice can mean anything, from a phone call to a helpline or contacting a solicitor, they wont know what form of legal advice.

Hope you enjoy your film