New school are not backing my request for statement or are they?

[Claw3]

Just had a response from ds's new school in reply to my letter asking how they were going to meet his needs without a statement and a note in lieu.

All along the school told me that would support my request for a statement. When i got the note in lieu, i phoned SENCO and asked would they be able to meet his needs without a statement. She told me if it included one to one then he couldnt have any one to one without a statement. She asked if i would appeal it and i said i was considering it.

The note in lieu states that ds will require one to one. The SALT and EP states that ds will require one to one, all advice sought by LA as part of the SA.

Anyhow i then wrote to school and asked them to reply in writing (expecting she would write what she told me verbally, no one to one without a statement)

She has written to say she feels they can meet ds's needs from school resources and then lists the help they give, which is exactly the same as the help he already gets in his IEP. No one to one.

She finishes the letter I hope you are reassured that we will be able to meet ds's needs even without a statement, however, if you do feel that you want to appeal the decision, we will support you in this decision.

Im fairly new to this statementing buisness, but are the school saying we are under the koosh of the LA, so lets speak in code here?

Do i now take the lack of provision up with the school or the LA?

I think your last conclusion is right! She (rightly) doesn't want to say they can't meet his needs cos if you don't get the Statement, how would that look/ feel? But she is effectively still saying they can't meet his needs by not offering any 1-to-1, which has been recommended and is therefore part of his needs!

LA code and double-speak. She's saying we can help your ds and fulfil his basic needs without a Statement but to fully meet all recommended needs, we need a Statement.

Yes I think thats exactly what the school are saying. I appealed the note in lieu and today the LEA decided not to oppose my appeal.
It was the consultant from CAMHS who supports a statement being in place for my son I think that swung it.

Can you meet with the school and explain the situation that if they say they can meet his needs then appealing the NIL is going to be harder for you than if they say that they can only meet x, y and z, but not a, b and c? If it comes from you directly and you make it clear that having this in writing actually helps your case they may be more willing to be a bit more precise about what they can and can not meet without having a statement. They will hopefully realise that them writing this is not (at this point) going to get you all upset too!

How the school purposes to meet his needs is really pathetic, now im not sure if this is done on purpose or whether they really think they are meeting them.

SALT, EP and note state that ds will need one to one around his social/play skills. So school are saying speech and language group 3 times a week (which he is already getting) and that he the motor skills group that he already attends 2 x week also focus on social/play skills, i suppose because there are children there!

I also asked what training the speech and language group teacher had, the answer experience of working with children with complex needs.

and wait for it the best bit, to address his emotional needs ie anxiety, self harming etc. They have offered to attend CAMHS 3 monthly review meetings if i would like them to.

Sorry its late how the school proposes, not purposes, i need to get my eyes checked seriously!

Givemesomesleep i hate all this pussy footing around, i appreciate straight talking, everyone i deal with, its like talking to politicians!

Wassup congrats and well done i have a report coming from CAMHS and they say they are supporting my request for a statement, im beginning to doubt what 'support' actually means, perhaps they mean they will give me a cup of tea and sympathy.

Star, do i need to state the obvious to school? they know what they are doing, as you say flaky fence sitters. I will do as you suggest write my own set of needs, based on reports etc, its all this red tape inbetween the appeal that is driving me mad.

All school have done is added 'oh yeah and the motor skills group that he attends also include social/play skills' and 'oh yeah the lunch time club also includes social/play skills and 'oh yeah we will attend a meeting every 3 months to stop ds getting anxious in school'

School's IEP had an "areas to be devoloped" and stated these should come from statement objectives.

I will plod along and get it done, the bureaucracy drives me insane. I know he needs a statement, they know he needs a statement, just give him a bloody statement for crying out loud!

If you put the appeal into SEND then that starts the clock on the LEA having to respond. They may well not oppose the appeal as you do have the backing of other proffessionals. If they do then you have loads of time to get the evidence together.

Right i will finish reasons for appeal first and get appeal lodged.

identifying needs from reports, do all reports i rely on have to be less than a year old?

You don't have to go into too much detail at this stage. Say what your sons significant needs are and that professionals agree that your son needs a statement to meet those needs. Reorts can be as old or new as you like. The tribunal looks at them all.

Thanks for your help wassup

Just listing all of ds's difficulties and now taking a break, there are so many and its quite depressing. Its also quite emotional, my eyes have filled out a few times at just how much ds has been failed.

Still the being failed part, also makes me feel quite angry and makes me more determined.

Ds is back and has just cheered me up. He went out with dp to visit nan, to give me a bit of time.

I asked "have you been to nan's"

Ds "yes"

me "how was nanny"

Ds "same as she always is"

Ask a silly question! dont you just love him

Claw remember you can ask IPSEA or NAS Education line to check your appeal. Good luck. They probably will back down ehrn they see you are not going to back down

Thanks Agnes, i have a solicitor who i can email to check it over. I used her last time when i appealed when they refused to assess. I type the detailed reasons in full, she then shortens so i can then lodge appeal.

So i then have my short version to lodge and my longer version for tribunal. Probably not the best way to do it! but i find it helps me to get thinks straight in my own head iysiwm!