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If we have dx, does statement have to be issued by law?

8 replies

missworld2010 · 21/10/2010 21:58

Hello,

I've been told today that if we have a diagnosis of autism, then by law a statement has to be issued. Anyone know if this is true??! I'm assuming it's not tbh, too good to be true.

Anyhow am fuming and v upset this week as our DD2 (3 and a half, starts school next Sep so we are applying early) case went to panel to decide whether to assess, and it was rejected - due to 'lack of information' (I had sent paed support letter, full SALT report and 4 A4 pages of our views on DD2) and/or the fact that some support is already in place (i.e. she sees an Early Years Autism Advisor once a week for an hour, I know we're really lucky to have that, but it's 1-1 in a quiet situation, hardly comparable to how school will be, and a year after referring for SALT she has seen a SALT twice, with no regular sessions planned. Her speech is unrecognisable to most people).

I'm really not sure which was the real reason, our 'Named Officer' was a bit woolly about it on the phone and I was so shocked I didn't get it clear (although have since sent v long email of course).

Seems to me the council here are just trying to avoid giving statements at all costs - bit like they don't want to have any responsibility for the education of children with special needs.. is that fair I wonder?

OP posts:
Lougle · 21/10/2010 22:01

missworld2010 you have been misinformed. A statement is given when there are special educational needs that cannot be met by the educational establishment alone, so needs the support of the LA.

Although a dx can be helpful to establish the underlying cause of a need, a dx is not a 'passport' to either DLA or statement.

AttilaTheMeerkat · 21/10/2010 22:04

missworld,

I am afraid to tell you as well you were misinformed. Who btw told you that piece of misinformation?.

IPSEA's "Refusal to Assess" pack would be now helpful to you www.ipsea.org.uk as well as contacting IPSEA.

keepingupwiththejoneses · 21/10/2010 22:06

Unfortunately you have been misinformed. A statement is issued based on need not dx.

GraveyardMistsAreYellow · 21/10/2010 22:53

We have a dx and have been advised just to write a letter requesting one with DS' name, date of birth, professionals involved and that he has autism. No mention of explaining his specific difficulties Confused

genieinabottle · 21/10/2010 23:09

If only it was true... that would lift a big weight of my shoulders.

Like Attila and Lougle have say, the info you have been given is wrong.

You can request a SA yourself that is true, and having an official dx should help, but unfortunately doesn't garantee you'll be successful.
Explaining his needs and specific difficulties and showing/proving that he needs a level of support that can't be provided by the school without a statement are the main parts of the process.

Sorry if it doesn't make much sense, it's late and i'm in slow mode Grin

woolytree · 21/10/2010 23:22

I have come to understand that as MS schools are now allocated SEN funding they should provide provision for SEN and only if they cannot provide adequate support a statement would be required. Or if you want your DC to go to special school or a specialist unit you would need one also. In that case you need plenty of 'evidence' that your DC would best suit that educational facility.(As other posters said :)).

My DD is almost 5 and recently got her dx, ASD and speech problems. She has started MS school, is supported by the Inclusion service, SALT and in Jan Autism Outreach. If we knew earlier I would have chosen a school with more experience of SEN, but for now we are gathering evidence through her various support, IEPs and have asked for a referral to a Educational Phsychologist to find out if MS is a suitable place for her. We intend to apply for a SA next year, with the hope of getting a place in MS school with an ASD unit.

For now Id suggest pushing for more SALT, (or go private), maybe trying a nursery situation to see how she copes in a classroom situation and later involve a Ed Phsych. Reports from all these sources could help you get a statement if you still want to persue it.

Have you spoke to parent partnership? I found them helpfull but have heard various differing accounts.

cansu · 22/10/2010 06:24

We were initially turned down due to lack of information and also because dd2 wasn't in nursery (an educational setting). I immediately enrolled her in a nursery for a couple of sessions, waited three - four weeks and re submitted my application. The nursery had to write a report and they agreed to assess. Probably helped along by my stated intention to appeal their decision if they disagreed! It really irriated me that i had to put dd2 in somewhere to fail to cope, but that's often the only way to deal with these people.

StarkAndWitchesWillFindYou · 22/10/2010 15:24

LOL, sorry missworld. Expect you have had some good advice already judging from the posters here but not read yet.

Just laughing at your thread title and crying a bit too.

ooooh, lack of information, I just read. Hope someone has pointed out that THAT has a basis in LAW, - in that it is illegal to refuse for that reason. Do you have it in writing?

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