Autism an educational need? Not according to amended statement!

[magso]

I need some help to 'rewrite' ds proposed amended statement ( ready for transion to secondary MLD). His autism and associated MLD and ADHD are not mentioned in part 2 or 3. Autism is only mentioned in part 5. Salt has been removed. Under sensory there is no mention of his sensory difficulties - only his double vision. Help ! I cannot get through to IPSEA dispite spending days stuck to the redial button in hope - and I most assuradly do not trust the LEA - and the HT is new since the statement review! So please any advise onhow to rewrite the statement would help. I am not good at writting!

IPSEA are apparently easier to get hold of in the evenings. Have you also tried SOS SEN and the NAS education helpline?

What is his Primary Need as written on the statement?

You can set out all the points you disagree with on the proposed statement before it is finalised, but as it sounds completely inappropriate it's likely that you'll end up at tribunal anyway. If that's the case (and you want things to happen quickly in time for his transition), don't spend too long negotiating now, tell them what you want changed but if they don't agree, ask for it to be finalised so you're able to appeal.

Stardust that is a lovely offer! I do not have CAT, but thankyou for you advise. I have written down and made a letter, and spoken to the new head. I have copied reports ( about the SPD/SMD advice, ASD dx) and pointed out where assumptions cause problems ( like the salt measuring his receptive language lower than she thought him capable of because he did not listen properly - so i have pointed out that this could be an example of his processing delays at work) so saying his communication is ( taken from the assumed estimate)'easily good enough to access the national corriculum' and therefore not a need is well a fog
Sugar thankyou. He has 5 needs listed, - attention and behaviour are the main ones, there is no primary need. I feel these are part of his condition and should be acknowledged as such.
Timings are not mentioned at all - I think this is normal in our lea and for sn school. I am worried because he will be moving from an excellent MLD/ASD primary to an MLD secondary without the ASD support (there is no real choice at secondary - the nearest is the best compromised choice)

Do try and insert/add timings - it may be normal for them, but it should not be, iyswim.
And perhaps mention the A word right, left and centre: 'Because of his autism, DS has difficulty with attention, etc.', so it sounds more like it's not just going to magically vanish because they don't mention it. Sorry this is so stressful for you

I don't know if this is now a closed topic. But as already advised you need to pull out of all reports whatever you see as identified needs or difficulties to go into section 2 of the statement. If you feel they have not even identified certain needs you can write to the professional responsible and tell them you are concerned he has this need that has not been identified.

Section 3 of the Statement should contain provision to meet each and every need.

Get yourself a copy of the SEN Code of Practice, if you don't have it already and go to section 8.

Any support he had previously can only be removed if a professional has produced an up to date report that recommends support is reduced or removed. Otherwise it is illegal to just remove it.

You should make sure you put in an appeal to SEND if you are not happy with the final Statement and the LEA are refusing to make the changes you are asking for (which must be from evidence you have in writing in reports etc).

Most LEAs just produce poor illegal Statements and hope the parents will be too intimidated to go to appeal.

But many LEAs do start to concede things as the appeal date gets closer.

For the appeal you can name the LEA and NHS SALT and EP and OT to come as witnesses to the appeal. That will allow you and the Panel to ask them questions about his support.

If you can afford it get independent reports and get those professionals to come as a witness (not a cheap option, but this is a major transfer to secondary school).

Are you happy with the school the LEA has named. Have you visited other LEA and independent school options?

All needs that affect education should be itemised in the Statement. And the legal interpretation of 'education' is very broad. So sensory issues will affect his ability to access learning in the classroom and therefore are educational needs etc.

Thanks Sally. They have now included autism as an educational need.

Sally

Any support he had previously can only be removed if a professional has produced an up to date report that recommends support is reduced or removed. Otherwise it is illegal to just remove it.

Where can I find it in the Code? Having a meeting tomorrow and I think they are going to remove one of the supports or replace it with a cheaper option.

Ah yes I would be interested in that too. Salt report has been misconstrued so they have taken salt off - but that is not what the salt intended!