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IEPS, experts recommendations and notes in lieu

70 replies

Claw3 · 03/10/2010 11:42

(deleted my last thread, as i was giving away too much information) LA have refused to issue a statement and offered a note in lieu. Ds currently receives more help on his IEP, than what is written on the note.

My question is on ds's IEP 4 areas are addressed, it is smart and not bad as for as IEP's go. Then school lists 13 areasto be developed, which cannot be covered by the IEP and states these should come from statement objectives if there is one. What happens to an IEP if more difficulties/recommendations need to be added as the note in lieu is suggesting?

For example his IEP addresses anxiety, eating, motor skills and social skills.

The note in lieu is suggesting developing seven areas all to do with language, communication, social skills and play.

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Claw3 · 04/10/2010 16:08

Wassup, i have been told it takes about 6 months from the date i lodge my appeal. I need to lodge appeal late November, so about May, i think?

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Claw3 · 04/10/2010 16:12

Had to laugh note states that ds NEEDS one to one help in social/play skills and 'access' to SALT and ASD services. Then a visual timetable and a sticker!

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StarlightMcKenzie · 04/10/2010 16:25

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Claw3 · 04/10/2010 16:36

Strange you should say that Star, the fact that ds soils himself and cant eat in school without adult supervision is not mentioned at all! So in theory he doesnt have 'access' to the loo or nutrition!

Was told reports are in date for 1 year by SOS?

Was just trying to time experts being able to assess ds. I have also instructed a solicitor today, which will probably take longer than me writing reasons myself?

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Claw3 · 04/10/2010 16:37

In fact i might draft reasons myself and then just get solicitor to look over them?

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StarlightMcKenzie · 04/10/2010 16:42

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Claw3 · 04/10/2010 16:52

Just on SENDIST website now having a quick look, will get stuck in tomorrow or tonight when kids are at school/in bed.

In theory my grounds for appeal should be similar to grounds for appeal to get them to assess in the first place, so could use that as a template.

Piece of piss eh! Will have my draft knocked up by the end of the week!

Im sure once i get started, it will start to take shape, just like before.

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StarlightMcKenzie · 04/10/2010 16:56

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Claw3 · 04/10/2010 17:10

Star would you mind giving my reasons for appeal the once over, once i have drafted? (not the whole form, just part 5 my reasons)

I will be fine, once i get started, it just comes to you, its the getting started thats overwhelming, seems like so much!

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StarlightMcKenzie · 04/10/2010 17:36

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Claw3 · 04/10/2010 18:09

Cheers Star, my reasons as i understand it are brief ds's story so far ie dx, what LA have done so far. Then why i think he needs a statement referring to the evidence i have. Does that sound about right?

For example

ds received a formal diagnosis of Autistic Spectrum Disorder from the borough?s Autism Assessment Service on

The various professionals that have met with ds have identified the following range of complex needs: x, y and z.

I applied for SA on x, LA refused to assess. Appeal was lodged with SENDIST. LA then agreed to assess.

and so on.

Then i believe that ds's needs cannot be met by funds from school and a note as he has a wide range of complex needs.

ds's needs are:-

ds needs fortnightly visits from SALT to be shadowed by highly skilled TA who will then continue the therapy daily for 15 minutes. Despite receiving SALT input from the age of 3 years old, administered by TA?s in nursery and school and me at home ds has failed to met any targets ever set (enclosed SALT reports, references etc) He has regressed as is evident in x report and requires one to one support as stated in x report.

Am i on the right track?

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StarlightMcKenzie · 04/10/2010 18:20

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Claw3 · 04/10/2010 18:39

Star, i am basically just stating again what i have already said in my parental contribution, then i will bang out the big guns ie OT, SALT and EP who i have instructed and who can attend tribunal.

I will also add that despite having a high IQ and scoring in the 90's for most test adminstered, having an advanced reading age etc, etc, he didnt receive a dx of HFA or Aspergers, but general ASD because expert opinion is that he is NOT high functioning, despite his academic achievements. (LA seem to be basing a lot on this)

I know SOS said exactly the same thing, appeals save them 6 months of funding. They are not saying that ds doesnt need a statement, just saving money.

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Claw3 · 04/10/2010 18:42

Also what does direct teaching and individualised support mean? Is it code for not actually saying 1:1? and can i use this?

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StarlightMcKenzie · 04/10/2010 18:50

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Claw3 · 04/10/2010 19:02

Thanks Star, you are star, must get some dinner cooked now.

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Claw3 · 04/10/2010 19:03

you are a star that should read! and some sleep might help to connect my brain to my typing fingers!

thanks again.

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StarlightMcKenzie · 04/10/2010 19:11

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AgnesDiPesto · 04/10/2010 19:23

Claw I wrote responses to LA myself then when did formal appeal got advocate ( much cheaper than solicitor to Check it) does not matter if wording now is a bit different than what grounds of appeal end up saying. Everything must be specified how many visits how frequent how long will each last and how long will TA spend on each target eg language work as minimum each day. Advice and support or access to can mean a phone call or sending something they print off the Internet in the post. This is what happened to us. Also ask for time for planning, meetings etc

Claw3 · 04/10/2010 19:55

Just cooking sausages, so have a few minutes.

Agnes, i will give it my best shot apparently i can book someone from SOS to attend tribunal with me. Has anyone ever used them/heard about them?

Im also wondering about whether to use the 'gifted' label as LA seem to be playing this card. He might well have the potential and score highly in the 1:1 tests under 1:1 conditions, at in a quiet room somewhere, but he isnt 'gifted' in classroom, he isnt in the top groups etc, etc, last school described ds as 'average'.

Not quite sure where to go with though or whether to ignore it (and hope it doesnt come back to bite me in the arse at tribunal?

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StarlightMcKenzie · 04/10/2010 20:02

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StarlightMcKenzie · 04/10/2010 20:05

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wasuup3000 · 04/10/2010 20:14

Hi Claw my son is classed as gifted and talented, top in reading and numeracy but he can't dress/undress himself, write so its readable or have to and fro conversations that don't interest him. We also got a note in lieu -pre ASD and ADD diagnosis, our tribunal is in January.
When he is 16 what would the point be in his qualifications, if he can't see to himself, have conversations, has no social skills?

Claw3 · 04/10/2010 20:38

Star, i would love for someone like you to represent me at tribunal, you should go for it!

I like that line, i might use your "if he is achieving highly, this puts additional pressure on his peer relationships etc, etc at the end of my HFA line, so i have addressed the 'gifted' label without actually addressing it directly or mentioning 'gifted'.

wasuup i agree totally and ds is very similar, cant eat, cant sleep, cant open the lid of a bottle or put his shoes on the right feet, injuries himself, soils himself etc, etc but hey he can read like an 8 year old yipbloodypee!

Just wanted to address it somehow, in case it does come up at Tribunal, i suppose i feel the need to explain it away iyswim. He is not gifted in the true sense of the world, his functional ability is far from it.

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wasuup3000 · 04/10/2010 20:48

My ds soils too, we have been prescribed Movical for him to help him "feel it"!
He has been able to read since he was 18 months the short cat, dog type of words then he started on longer words at 2.

I think we will be going with the communication angle, how his poor communication will impact on his education, his literal use of language ect and his poor coordination and focus on those areas. As the LEA will obviously use the G and T label the school has given him to full effect.
Basically try to address his difficulties in terms of how they impact on his education.