Request for Statutary Aseesment Refused - aaaarrrrgggghhh

[OverflowingMum]

Very fed up
Redcently (6 weeks ago actually LOL) we applied for a SA for DD3 who has diagnosis of Aspergers, and is really struggling at school. To cut long story short I have been going into school to express my concerns about her progress (or lack of!) since she was in reception. She is now 6 and in Y2. She was on School Action since Y1, then School Action Plus following her diagnosis in Feb of this year. There is also a strong possibility that she may have dyslexia, though this hasn't been confirmed yet.
Today we got the letter saying she was going to be Assessed. Big surpise. NOT!
Basically the letter was very long with lots of info, but the main reasons they are not assessing is that they feel that the interventions she requires are within the range of things the school could provide. We have a report from the Learning Support Services with a long list of reccomendations and school have point blank told me they will not be able to impliment all of those due to resources and lack of funding.For example the report clearly states she needs 1:1 input from an appropriately trained individual for approx 25 mins a day to deliver a specicific literacy programme. School say they can't provide this.The report states she should be moved to sit with more able peers, but school say this can't happen because then she would loose the support she currently gets for the TA that sits at her table. TA can't move because she is actually funded from another child's Statement so has to stay with that other child.and so on.
School have supposedly "done their best" for 2 years, and DD has made bog all progress. Pyschology testing shows her to be of "above average intelligence" yet she is still currently performing at P levels, and struggles to read and write.
The letter also states the situation is further complicated by the fact that we live in a different LEA to the one where DD attends school. So although DD is at a school in X LEA we have had to apply to Y LEA for assessment. Well I am sorry, it may complicate things, but that is hardly my problem is it!
The letter says that "it is too early" to see whether there may be progress, as the report form the LSA is recent (Oct 10). Well, sorry but I have been fighting for 2 sodding years, and can clearly say there has been NO progress, and school have said they can't give dd what the report says she needs....so what , I have to let her waste another year of her education before you'll do anything????
I am very bummed as you may guess!I do agree that school have been cr*p. and it may well be that they SHOULD provide what has been suggested for dd, but they're NOT, which is why I need a statement to MAKE them.
I am , of course, going to appeal. I have a meeting with the LEA person that wrote the letter on Thurs, and a meeting with Head teacher on Tues.
I could do with any possible advice about appealing. What can I say when they tell me that DDs school should be able to meet her needs, but clearly they can't/wont??
HELP please from very wise MN folks!

Did you back up your application with reports from the school etc?
If so, what did they say about the situation? Did they emphasize that they were not able to provide what your DD needs?

Sorry to hear your request for SA was refused - it's very common for LAs to turn down parental requests so don't give up hope. Often you don't have to go all the way to an appeal hearing as the LA backs down once they see your appeal papers (which happened in my case).

Have you downloaded the IPSEA pack here?

thanks both
Yes, I sent reports from the LSA, SALT, Paed.
Also they then contacted school and sent forms for them to complete. School said they were in agreement that a Satement was needed, but TBH they have not put much effort into completing the forms by the look of them, and they do not make it sound convincing.
School have just been appauling at the whole thing all along tbh. They continue to maintian that DD "doesnt seem that bad" at school ,which is because she isnt behaviourally difficult at school, but then that isnt unusually for girls with Aspergers.
But even they can not deny how far behind her expected potential she is currently performing.
School is totally rubbish really, no getting round that.Unfortunately moving school is not an option
I am considering taking her out of school on a Friday and teaching her at home , I wouldlove to home ed her totally(home edded the older kids a while back for 2 years), but have just gone back to work 4 days a week as financially I had to!
It is so disheartening that everything has to be such a battle

Look at the IPSEA appeal pack and lodge your appeal with the Tribunal. Write to the LA telling them that you are doing so.

Follow through - the Trbuanl is most likely to order the LA to assess.

If you don't appeal she won't get the help she needs.

Best wishes

file your appeal as advised above, make another request for an assessment, get yourself a copy of the SEN Code of Practice and read it until you know it backwards...
it's a game - they always refuse, keep going. Good luck