Diagnosis and SEN

[Frustrated2003]

Hi Guys,

My son has got a diagnosis of ASD, Hearing Impairment (thought to be progressive) and auditory processing disorder. Now the clinical Psychologist observed my son at school for some 5 hours and has said that he is conforming now and being contained but certainly not being educated.

My solicitor seems to think the LA will argue that he is learning as he is not using his behaviour at this school. Does this mean that I shouldnt take this to tribunal?

Statement is in the process of being re-assessed and proposed statement is due to be sent to me on the 18.03.2010 but I have a nagging suspicion that it will name his current school even though his current school are clear it is not the right enviroment for him. This school are also stating he is incorrectly placed and have told the SALT and EP/CP this. This school is a SEBD school. The school were directed by Local Authority to take my son they were not given a choice.

Anyway thoughts on this would be greatly appreciated as I feel like I am going mad now as just want him to be in the best place to meet his needs, which me and EP feel is a specialist provision, namely residential as he needs a 24/7 rolling curriculm.

Hi

From your account, plenty of people have had much to say/advise but how many have put their views in writinf - something that would add weight to any SENDIST appeal.

Is he being monitored by IEPs and if so are they showing lack of progress?

Is the EP an LA EP or a private EP. I doubt that an LA EP would stick their neck out in writing and ask their employer, the LA, to fund 24/7 residential.

That type of provision is very difficult to obtain and usually only when a social as well as educational need is demonstrated.

If you have not done this already I would ask for a full copy of his school file. That's something you're legally entitled to. You can also ask for a copy of the LA's own file on your child. In those documents you may find correspendence bewteen schhol that supports your case that school have told LA their provision is nor suitable. You will also find documents sent by the LA to the school asking them to admit your son and school's response.

Going to Tribunal is about showing that existing provision or that the LA have named in a ststement is not suitable. You need to argue that provision you have identified can meet his needs.

Best wishes

Hi,

The Clinical Psychologist who is also an EP is a private one, as I got the evidence through from LA EP and the reports is not worth the paper it is written on so thought I would need independent evidence. Got SALT and OT independent reports that support the clinical psychologist view.

I have requested access to his school files but am yet to receive them they seem to be taking some time

Caroline

Hi

They have a set number of days to provide the copy of the school file - I think it's 28? When I requested my DS's file the Head ignored me and it took a letter to the Chair of governors to force him to provide a copy. But it was a worthwhile exercise as it revealed the true extent of his problems.

Good to see you have these private reports. you should ask the LA to include them as Annexes to his Statement as they are relevant documents. You may have a battle to get them to do this but their EP and your EP should have equal weight - after all it's supposed to identify all the child's difficulties (not just those found paid the paid employee of the LA).

It's important to get them included as Part 2 only summarises the content of the reports that are Annexes,. Without the private reports you'll get a watered down Part 2 describing his difficulties and consequently a por Part 3 - the support for those difficulties decsribed in Part 2.

Ultimately, if the LA will not provide sufficient support or wil not acknowledge your private reports you will have to take the matter to Tribunal.

Best wishes