funding and statementing-please help!

[pippapod]

My daughter has ASD and is in mainstream schooling.We feel that she is not fittting in because of lack of support.We have level 2 funding which I'm told is the highest funding available, but I do not think that the school are providing for her as much as what they should be, due to staff shortages and sickness etc. we wondered whether applying for a statement of special needs would increase the funding and therefore the support, but it seems that this is not so. Should we go ahead with requesting a statement anyway because we feel that she may have to transfer to a austism specific unit if she continues to be so distressed in mainstream. Does anyone have any information on the legal side of schooling? for instance how many hours a child has to be in school for? my dd is 5 at the end of February.
Any help please would be much appreciated.
Anyone know any good websites to tell me about home schooling?

[Davros]

Despite closures, there are still a lot of dedicated special schools and, in my borough, they are trying to open more ASD provision. From what you say though a unit, as sylvm describes, might be the best option and more easy to access. Can you find out what is in your borough or nearby boroughs?

[sylvm]

I think you will find Pippapod that most sen primary units are attached to a mainstream school. The unit children are integrated with their year group but will also spend time in the unit which has specialist staff.

I think a lot of kids won't talk about their school day and even if she did, she wouldn't have any concept of if she's getting 15 hours or not. Couldn't you arrange a meeting with the SENCO and ask exactly what they are doing to support your daughter. She should also have an IEP (Individual Education Plan) which sets out targets for the next term/few months. They should meet with you to go through this with you.

[pippapod]

Many thanks for all your replies, it really is hard finding things out for yourself when you have a child that takes up practically all of your time. My dd cannot really entertain herself on her own for more than a minute and at the moment is not in school due to a horrible rash all over her body(GP thinks this is an allergic reaction to a virus - me thinks it is an allergic reaction to school!!) Therefore the only time I have to myself to find things out about statementing is when she is in bed.

Hi amynnixmum, thanks for your advice. we are definitely going to apply for a statement on our own. Inclusion service SENCO told us that we have level 2 funding from them, which amounts to 15 hours,(how the heck do we know we are even getting this when my dd can't talk?) but nothing was mentioned about school SEN budget.School SENCO never said anything about schools being required to give any support from their SEN budget either.I wonder whether it is down to the area and the type of school?
So glad things are working out for your ds now.

Hi Meerkatsunite
thankyou also for your advice. I have looked up IPSEA'S website, which is excellent, but as yet have not been able to phone them because dd is around at all times, but as soon as she is better and back at school then I will give them a call.Really feel that dd's 'personality' is not being regarded in mainstream, because obviously the teachers have had no training in ASD.I feel she is really suffering, therefore I am really suffering. This inclusion business is just like your worst nightmare.And I do feel that I've been put off applying for a statement by people from the funding dept.but I'm going for it great guns now!!Thank you so much

Dd cannot hardly talk, though she signs but she refuses to comment on school full stop. She just clams up when I ask her anything.How the heck can I find out whether she is getting this 15 hours support when she won't discuss anything about her school day? Obviously need to talk to the school's ed physc(till I came on this I didn't even know that schools have one)

Does anyone know whether you can have say 50%mainstream and 50% special unit schooling? I know I'd have to get her statemented for this, but is it at all possible?
thanks, pippapod

[Davros]

Meerkats advice/info is spot on as usual! Totally illegal!!!! For info on Home Education look at Education Otherwise. As well as IPSEA contact the NAS Advocacy Helpline, it is supposed to be very good.

[MeerkatsUnite]

Level 2 funding, earmarked pupil funding - its all much of a muchness. It still means little support, certainly not as much as what a statement would give (and this is also legally binding).

Anything for these LEA's to dodge responsibility.

I am very annoyed on your behalf as they are failing your daughter.

[spooklymieow]

That is what they have just applied for, EPF.

[spooklymieow]

And they can't do this without support.

[sylvm]

Spooklymieow - Hi - I am also in Herts and would be rich if I had a pound for every time someone in school has told me DD would not be given a statement because "she's not bad enough". She is actually fairly well supported at the moment and because of this won't get one. My real concern is what happens when she leaves her little one form entry primary school to go to secondary school .. 180+ kids in a year, changing classrooms, getting stuff organised to take, noise etc. etc. and I am really stressed out about it. Do you know (does your school know) about earmarked pupil funding which is supposed to give the school extra funds which can only be used for that child but is simpler and more straightforward to apply for than a statement. DD has this - all the info is on the SN bit of the Herts website - ask if you want any more info.

[spooklymieow]

it also says on her IEP that she can take off shoes and trousers with continuious adult prompt.
They also said that she finds it very difficult to look at the teacher, she will look if they are close to her ie. next to her and they are able to her her physical prompts. But in a group or class situation it is observed 10% of the time. During PE she has to be watched closely to ensure she doesn't fall. She needs adult assistance during apparatus and gymnastics. They also have to encourage her to write letter as she losses interest very quickly. They have to make opportunities to develop her co-ordination on a 1:1 basic.

[MeerkatsUnite]

Spookymieow,

Its not just a question of how many areas a child is behind in.

There is another moot point that should be considered. If there is a strong probability that the school cannot meet the needs of the child with a SEN then a statement should be issued.

The LEA cannot get out of meeting its statutory responsibilities here by not issuing a statement. What they are doing is unlawful - no two ways about it.

IPSEA are helpful and can advise, doubtless they have spoken to other parents who reside under the same LEA as you do. I would urge you to contact IPSEA.

[spooklymieow]

The school did an assessment recently, apparently at her age she should be getting 8's but all areas are 5 and under. it was a national data collection of summary scale points scores

[spooklymieow]

Do you know how many areas a children should be behind in?? DD1 is struggling with reading, writing, reconising letters, doesn't know her ABC, can't count beyond 10, her contraction is very poor and so is her eye contact. The School want a statement, and the Head/senco thinks she should get one, but he knows that Herts will niot issue one without a fight.

[MeerkatsUnite]

Have a look at IPSEA's website www.ipsea.org.uk along with my posting at 3.40pm.

[MeerkatsUnite]

Spookymieow,

The LEA's are not allowed to do this as setting such criteria is unlawful.

You should inform IPSEA of their actions as they would be extremely interested to know of this. They have clout and will look into this for you.

Would also suggest that re yourself you contact your MP and tell him/her of your situation.

[spooklymieow]

Where can I find this info. I want to print it off and send it in with her last refusal.

[spooklymieow]

So herts are bending the rules to suit them!! The SENCo said yesterday that this 'bottom 1%' thing is herts way of getting away with out issuing statementing.

[MeerkatsUnite]

Spookymieow,

Examples of unlawful criteria

The LEA will only assess children whose special educational needs are:

'severe';
'complex';
'long lasting';
'lifelong';
'low incidence';

or

where the child is four, five (or more) years behind in attainment.

where the child is 'within or below the lowest 2 per cent of ability level'.

All of the above are unlawful if used on their own to:

• refuse to assess a child,
  
• refuse to issue a statement for a child
  
• withdraw an existing statement
  
  The only lawful test is the ability of an ordinary school to meet all of a child's needs without additional resources. If additional resources are required, then a statement should be issued.

[MeerkatsUnite]

Spookymieow

It goes without saying that you need to speak to IPSEA as a matter of urgency.

Have come across this sort of thing before with the "bottom one percent" - LEAs cannot discriminate in such a manner. Its iilegal for them to do so.

LARS - would certainly agree with you re Essex LEA as I reside within this county as well. They are polictically correct aholes to deal with.

Threaten these * with appeal to tribunal if they do not agree to assess. Interestingly enough around 60% of all appeals made are successful so you have a good chance.

Do not rely on school to do this - the onus is on you the parents to apply for and fight for this statement to be issued.

[lars]

Spooklymieow, Essex is right next door to hertfordshire, this doesn't sound right.
jayzmummy has offered some really good advice here. I have spoken to the diasabilty team before and they can offer some good advice. larsxx

[jayzmummy]

Submit a requset telling them that if she is not assessed then you will be seeking legal advice under the Disability Discrimination Act.

[spooklymieow]

I have applied twice for DD1 to be assessed, and they said both times she doesn't fit the critrea, and refused to assess her. I was supposed to appeal but with everything that has happpened to us this year, I missed the deadline. Her speech is still about 24 months behind (she is 5) but she has to be behind in 2 areas by half her age. Her physical skills are that of a 2.5 year old, but because her speech is only 2 years behind they won't assess her.

[jayzmummy]

Crossed posts with meerkats....guess where we live???

Sunny Devon....long court battle soon made the idiots change their policies about not assessing children with SEN

Disablity discrimination at its worst

[lars]

Hi everyone, I just been through the statementing process this year, I come under Essex LEA, which are the toughtest to get statement from , so i'm told.
pippapod, Your daughter does not have to go to a special school, infact there are now fewer special schools. The fact you want mainstream school but with support, I'm sure your LEA will back you. You must asked the LEA for assessment, why have the school not requested one?
The school will normally have your child on action plus and have stategies in place for your child i.e behaviour, learning , etc these usually have to fail that's why they need one to one support.
If your child works ok without any support and behaviour is fine then getting the statment tends to be much harder. A doctor report goes along way, but the LEA will send in a Education PHSY when they assess and write to all involved with the child. larsxx
As for home education LEA can provide details.
good luck larsxx

[jayzmummy]

sparkly. What do tou mean your DD doesnt fit your LEA's criteria?
I was under the impression that all parents have the right to request assesment. The LEA can of course refuse but then you have the right of appeal.
Have you cantacted IPSEA about the lack of funding?

Pippapod. I home educated my Ds and found the Education otherwise a site well worth a visit.
Your child legally does not have to go to school at all. There are some good guidelines that you can follow on the EO site and all the legal jargon is there for you to read.
be aware though that should you choose to withdraw your child from mainstream schooling you will be asked to remove your childs name from the register....you do this and then you become responsible for meeting your child educational need and not the LEA. I refused to remove DS2's name as I felt it was the LEA's responsiblity to provide an adequate placement for my Austic son.
I had a long and painful battle but finally won a placement in a specialist ASD unit and DS2 is soooooo happy in school now. For the first time ever he is begining to "shine".

[spooklymieow]

The school wanted me to fight the decision but I missed the deadline, so I will have to reapply. The SENCo is annoyed with HCC as he feels that many children are not getting the support they need