Just writing to LA, can i ask a question?

[Claw3]

I am just writing to the LA in response to their issuing a note in lieu instead of a statement.

Advice from ds's new school, is that basically they dont know ds that well as he has only just started there. They are giving him 20 hours a week generally as part of a small. "This support has been essential to help ds to settle"

Now how do i use this?

They are already given him 20 hours, note in lieu recommends that he needs one to one support with specific 'programmes' and various other additional support. LA's criteria for a statement is if a child needs more than 15 hours.

Speak to IPSEA and SOS!SEN as they are not allowed to set blanket criteria such as the 15 hour limit.

Some will still manage it but it goives you something to start the fight with IYSWIM

Thanks for replying Sancti, what im getting at is that the support ds receives already receives, is above the criteria for requiring a statement.

The LA have written that their legal criteria for a child requiring a statement is if a child needs more than 15 hours. Ds is already receiving 20 hours and they have refused to issue a statement.

They are going against their own legal criteria can i use this against them?

Thanks Star, i love the way you always come at it from a different angle.

They did elaborate slightly on why he was given 20 hours to start with, was just trying to keep it basic. "to help him settle and also to alleviate the anxieties he faces and also to have someone that he is able to trust and work together with.

They also stated that ds presents as a child whose anxiety levels can rise quite quickly.

He now has an IEP and although it doesnt state how many hours, it is SMART.

Im trying to get my head around if the 20 hours can be used to my advantage or to just leave it alone?

School told me he was getting a full time one to one, until they could get a IEP in place, although this is not what they have written to the LA.

He now has an IEP in place and doesnt get the full time one to one anymore.

I feel your pain. New school reported that ds had settled well.

So why was he presenting as a child whose anxiety levels can rise quickly and why did he need 20 hours to help him settle, why was he not eating at lunchtime!

As far as i can tell TA was just doing everything for ds. I turned up to collect him from school and watched her take his homework, books etc out of his tray and put it into his bag.

He is now expected to do this himself and cant. ASD Outreach noted that he had great difficulty changing his library books and couldnt do it without help.

From what i can gather the 20 hours is not 20 hours anymore. Any hours that ds does get is for group work ie social skills group twice a week, motor skills group three times a week, guided reading with teacher once a week, extra play for eating supervised by TA etc, etc. Very wishy washy TA support, states that ds will express any anxieties to TA who is supporting him. Doesnt say when she is supporting him.

It doesnt amount to 20 hours worth.

Star if i get on and just write the letter, would you mind having a read if i message it to you?

I think i have got the hang of it, but dont want to waffle. My purpose is to try and get the LA to back down within the next 7 days and agree to draft statement, to save myself some time. I would rather lodge my appeal on draft statement, not note iyswim. So an important letter, would appreciate your input.