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?

Hi pippapod

A statement may not get you extra funding but it will ensure that the school has to meet certain objectives for your dd's education that have been decided apon by a multidisciplinary team. Personally I would request an assessment for a statement.

The school are required to give your dd a certain amount of extra support out of their SEN budget. I think its 15 hours a week. If your dd gets a statement the LEA may decide to fund extra hours. My ds gets 15 hours a week from the LEA so with the schools 15 hours he gets full time 1:1 support. He wouldn't have got that without a statement.

Not sure of the legal stuff but I do know that your child does not have to be in school at all until she is 5. This is your decision though and if the school has accepted her as a pupil then they have to provide her with an education.

IS taht right?? DD1 is struggling at school. SHe has CP and the school think she has learning difficulties too (waiting for someone to come and assess her) She currently has about 3 hours support that the school have taken out of their budget, but the SENCo thinks she needs about 15 hours. Have just signed all the forms so the school can apply for extra funding, but she can't get a statement as she doesn't fit the Herts County Council critea and they will only give statements to the bottom 1% here

Just read my post through and realised it might be a bit unclear. If you are unhappy about dd being at school you can withdraw her as she doesn't have to legally be in school until her 5th birthday.

We withdrew ds (now 5) from his old school last year and put him back in preschool. This was recommended by the ed psych. I only agreed to it because the LEA agreed to backyear him and he started school from the beginning again this sept.

It was definately the right move for ds as things were awful last year and now he's doing really well. He is at a different school though so that might be part of his improvement. He wasn't 5 until july though so I'm not sure if that option would be available to you and your dd but you can certainly keep her home for the moment.

Have you discussed your concerns with an ed psych?

mieow
I don't know if its the same countrywide but that is what I have been told it is in our borough. According to the senco in ds old school those 15 hours also need to cover paperwork and prep but i don't know if that's true. It might have just been an excuse not to give ds any more actual 1:1.

Pippapod,

If you have not already done so I would talk to IPSEA as a matter of course. Their web address is www.ipsea.org.uk.

I would agree with amynnixmum to apply yourself for a statement of special needs. IPSEA's website have model letters you can use for this purpose.

No statement to my mind equals no support.

If she was to eventually be transferred to an ASD specific unit you are likely to need a statement first off as the statement would name this school.

HTH

Spookymieow

I would talk to IPSEA about Herts County Council's actions as a matter of urgency because I have a feeling that what they are doing is illegal and certainly they are not playing ball. Other councils have tried the same things only to get a carpeting from the Sec of State for doing such things.

I would write yourselves to the LEA and ask for your DD to be assessed, it is all too clear that she is not getting all the help and support needed.

Do not be put off by talk of funding and the like; its all designed to put people off applying for statements to begin with.

www.ipsea.org.uk.

Taken from IPSEA's website:-

Devon County Council have given IPSEA an assurance that they will drop their plans to refuse statutory assessment of children unless their needs are "severe" and "lifelong".

Following a challenge from IPSEA that such criteria would be unlawful and would result in hundreds of Devon children not having their special educational needs met, the Council have agreed that assessment is necessary whenever it is probable that a child's special educational needs cannot be met by the provision available to their school ­- which is the current position in law and in the Code of Practice.

IPSEA is anxious that all parents ­- not just those in Devon ­- should be aware that there is a push from both central and local government to reduce the numbers of assessments undertaken and statements issued. But it is vital that parents are aware of the danger this poses to their children, particularly if they making limited or no progress because the resources available to the school cannot meet their needs.

IPSEA's Campaigns and Complaints Officer, Brendan King, has the following advice for parents whose children have special educational needs but who do not have statements:

If your child's needs are not being met by the school and your child is failing as a result, then a statutory assessment is necessary ­- indeed, it is your child's legal entitlement.

But it is not likely to happen unless you, as a parent, requests it.

Do not be put off by talk of Government or LEA targets and the expense of assessment. Get your request in, in writing, to your LEA as soon as possible - you can use our model letter if you want. Make it clear that you will appeal to the Tribunal if the LEA refuses assessment. Last year over 60 per cent of parents appealing to the Tribunal against refusals to assess were successful ­- that is, the Tribunal agreed with them and ordered their LEA to make a statutory assessment.

If you think your LEA is operating an unlawful policy with regard to assessments of children with special needs, please contact IPSEA.

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

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".

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

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

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.

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

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

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 a*holes 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.

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.

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.

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

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.

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

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.

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

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.

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.

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.