Need to be 2 years behind for statutory assessment?

[CloudsAway]

Someone I know is hoping for a statutory assessment for her son in Year 1. The LEA has refused to assess him, and at the appeal meeting, they were refused again, with the reason given being that a child has to be two academic years behind his peers before one can be performed, and that he is making academic progress in some areas. How can that work, if the child is only in Year 1? He can't be considered two years behind until at least next year, which makes little sense - he is making some academic progress, but partly because his parents have paid for private one-to-one tuition outside school; in fact, the fact that he is capable of making progress in a one-to-one situation is what makes them believe that he should have more support at school. He has autism, including language difficulties, problems with attention, and behavioural issues. He is on school action plus, but not receiving much in the way of one-to-one support at school, and with budget cuts, the school has said that this might not continue, hence the hope for an assessment leading perhaps to a statement in order to get the funding for this. They have been told they can not apply again until next September. But even then, at the start of Year 2, I doubt he would be considered two years behind his peers, particularly if they continue to pay to get him support this year. The alternative of leaving him to flounder for the rest of the year seems senseless, and even then wouldn't guarantee that he was far enough behind that they would agree to assess him.

How can they emphasis to the LEA that the need for assessment is not based on academic grounds?

When you say appeal meeting, was this before a panel at SEND (the SEN tribunal)?

Many LAs have policies stating the need to be 2 years behind, but it's possible to be assessed not on academic grounds but on the basis of behavioural/social/emotional needs. They need to show that he has needs which could not be met from the school's resources.

If the child hasn't had a statutory assessment, there are no rules saying that they need to wait until September before applying again (although the school might prefer to do so in order to gather additional evidence).

They can't refuse to assess on that basis, as its a blanket policy which is against the SEN Code of Practice.

Also, statements do not necessarily have to be for academic difficulties. They can be for social and communication and other non-academic reasons, so refusing to assess on the basis of progress in academic studies isn't relevant in those cases anyway.

I'm sure someone more knowledgeable and experienced than me will be along to help soon. I know there are people on here whose dc's have statements either for 'non-academic' reasons and/or despite their being academically able or even advanced.

Hopefully someone else will be able to give you great advice on how to word the next request in September.

Gah! Got interrupted typing and cross posted.

Told you someone cleverer than me would be along soon.

I'm not sure what the appeal meeting was. I don't think it was a tribunal, but a review meeting that the parents were not at.

The school apparently suggested letting his behaviour get bad enough that he would be assessed on behavioural grounds, but with private academic support, the child is making better progress now and thus his behaviour is better; also the small amount of support he gets at school is helping, but that might be withdrawn with budget cuts so they were hoping to get a statement in place so that it couldn't be. It seems like a backwards step to wait til it's withdrawn, or to deliberately withdraw either of these sources of support now, so that his behaviour worsens, just so that he can get the help assured.

Thank you for the suggestions. I will pass the information along to the parents about it not being legal to have a blanket policy like that, nor to prevent them from applying again before September. They want to follow the rules and procedure as it's been outlined to them, and I think are a little stuck about what to do now, when they have been told by the LEA that they can't have an assessment now and can't apply again.

"The LEA has refused to assess him, and at the appeal meeting, they were refused again, with the reason given being that a child has to be two academic years behind his peers before one can be performed"

It is unmitigated balls and poppycock about having to be two years behind. Its out and out lies designed to put off parents from applying. Their child needs a Statement; the only criteria for one is need. Such blanket policies are illegal in law and they should be aware of this; LEAs know the law and have no excuse.

These parents are going to have to educate themselves further (reading the SEN Code Of Practice is a good idea) and be strong advocates for their child because they are in the best position to fight for their son. Also no-one else is going to.

These parents should appeal the LEAs crass decision not to assess as a matter of course. And no, they do not have to wait months on bloody end either to do this.

They may want to look at IPSEA's website and look to at their refusal to assess pack that is also on there www.ipsea.org.uk

Panels to decide re statementing are done every three weeks within my LEA. This is probably where the case for assessment fell down.

BTW my DS's case was refused twice at panel and I just kept batting it back to them. Tell these people not to give up!.

My DS now has a Statement because the LEA caved in:).

Hi again, just had a thought. I saw a thread the other day with a link to where you can get hold of the SEN Code of Practice (SENCOP).

here it is

The IPSEA site Attila linked to is really good as well.

OP-we have been told the same thing by our home inclusion worker her face was last week when I told her against her advice I will be seeking a statement myself.
She has stated that it is very unlikely we will get it because DD 3.6 is not halve her age in areas of learning she stated this was the general rule of thumb.

Screw them I will fight this battle with or without them dd and the school will not manage without the support in place.

moose-thanks for the info have just ordered my copy

thanks very much for the advice - extremely useful info about the blanket policy being illegal and the Code of Pracice. I'll send them the links and encourage them to be stronger advocates - I think they don't want to rock the boat and to do exactly what they are told by the LEA in the hopes that following the rules will make it more likely that they'll get help, but it actually sounds like the opposite.

I'll forward both the code of practice link and the ipsea link to them, especially the refusal to assess section.

You're welcome hotmama, but the thanks should really go to thederkinsdame who started the other thread.

DS2 is miles ahead of his classmates in reading and numbers. But that hasn't stopped our school from pushing for a statement. His current level has only been mentioned in a "he's very advanced, but if he doesn't have support this could change and he will struggle" way.

Go make their lives miserable! Tell 'em they're wrong!

A child can be two years behind in Year 1 if they are assessed according to the P Scales or are still working to the Early Learning Goals.

I was refused sm on similar grounds. My ds is academically ahead but has behavioural,social difficulties. It's all rubbish - when I confronted the LA they caved in. We now have 22 hours of support. The parents should read up on Sencop,read loads of threads on here and arm themselves ready for battle!

For ASD academics is not the prime factor for the statement - it is whether he can function without support. What will help is generating additional evidence - try to keep a diary of outbursts, bullying, anxiety, self esteem problems. Explore Occupational Therapy assessment for sensory issues, speech therapist for pragmatic language. In my experience it really starts working when the school really wants the statement, so work on them.

My Ds is ahead on academic skills eg reading, knowledge of letters and numbers etc. At 2 he was 1-2 years ahead in letters and numbers and could read many words. He is ASD, 2 years behind with speech and little social interest, still in nappies etc. He has a statement with excellent provision at 4 - but we were turned down at every stage and only got what we wanted at tribunal.

Every time they tell you something like this say put it in writing and send me the policy / law which backs that up.

Don't believe anything you are told unless it is backed up with evidence eg the COP etc

Whenever you challenge and ask for it in writing it has a habit of suddenly not becoming a set policy afterall

SEN COP 7.52 states
7:52 This guidance does not assume that there are hard and fast categories of special educational need. It recognises, as LEAs will recognise, that each child is unique and that the questions asked by LEAs should reflect the particular circumstances of that child. LEAs should recognise that there is a wide spectrum of special educational needs that are frequently inter-related, although there are also specific needs that usually relate directly to particular types of impairment. Children will have needs and requirements which may fall into at least one of four areas, many children will have inter-related needs. The impact of these combinations on the child?s ability to function, learn and succeed should be taken into account. The areas of need are:
● communication and interaction ● cognition and learning ● behaviour, emotional and social development ● sensory and/or physical.

So needs do not have to be ones of cognitive and learning but one of the other three!