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Statement - what exactly is it and how do I get one?

5 replies

TheLadyEvenstar · 13/05/2011 11:33

I had DS1's parents evening earlier in the week and I feel although he is doing ok he would benefit from some extra help.
An example of his struggles are that he cannot cope with the loudness of the class in group discussions. His art teacher has taken to sending him to work in a group with 6 6th formers - he is only 12 and in year 8. Because in this small group he is working better. However I don't feel this is heping him tbh. He can relate to older children easily but it is his peers he struggles with so being sent out is not helping - I don't think.

He is strugging with French a subject he has to do with the new exam (ebac) being brought in. He is finding it very difficult to decipher the language.

My mum who works in a school says he should have been statemented, But I really am blind in all of what he is entitled to.

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EllenJaneisnotmyname · 13/05/2011 12:27

Hi Lady.

Have a look at the SEN COP, link to a download here , it gives you the current law, but a shorter (more readable) guide can be downloaded from here . But basically schools usually have to go through a route of School Action / School Action plus before they can request Statutory Assessment, which is requesting that your child be assessed to see what is needed to be put on to a Statement of SEN, which is a legally binding document setting out your child's needs and what provision must be made for those needs.

You should discuss this with your school SENCo (or InCo) who should guide you through the process. Do you know if your DS is on School Action or School Action plus at the moment? Does he have an IEP (Individual Education Plan) and do you have at least twice yearly reviews?

You can bypass some of the bureaucracy by requesting Statutory Assessment yourself, (I believe there are standard letters on SOS SEN or IPSEA websites) if the school doesn't get it's act together, but requests can be denied if the LA feel there isn't enough evidence of the current provision being inadequate. Parent can re-request as soon as more eveidence becomes available or appeal, but schools have to wait 6 months, so best if you request, and even better if you have the backing of the school.

The statement should specify and quantify what help exactly your DS needs, how many hours of 1:1, etc, but that may be a battle for another time! Go talk to the SENCo and get the ball rolling. The whole process seems to last for about 6 months, so earlier rather than later....

I'm sure to have forgotten something vital, but others will know! HTH

AttilaTheMeerkat · 13/05/2011 13:07

You do not have to be on either school action or school action plus to request a statement; you can go straight to Statement.

I would apply for the statement from the LEA personally as you will know its been done then. You will need to write to the Chief Education Officer of your LEA and give them six weeks to reply. Also if school do the application and the LEA say no, the school cannot directly appeal although you can reapply again straight away. You as parents can appeal if the LEA say no to assessment.

Some schools can sit on such things for ages without doing anything and statements can take a minimum of six months to set up once the LEA agree.
Have you spoken to the SENCO to date; are they truly aware of his difficulties?.

www.ipsea.org.uk has model letters re statements that you can use.

TheLadyEvenstar · 13/05/2011 13:10

I haven't spoken to the senco. I have listened to the school telling me they will get everything put into place and nothing has been done.

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EllenJaneisnotmyname · 13/05/2011 13:44

You are right, Attila, you can go straight to Statutory Assessment, but it's much harder for schools to do that, much easier for parents. LAs put all sorts of obstacles in the way of schools.

LadyEvenstar, have an urgent meeting with the SENCo and find out what the school has done so far. Apply for Statutory Assessment yourself, preferably with the school's backing, but do it anyway. It's better coming from you. Good luck.

TheLadyEvenstar · 13/05/2011 13:56

I am just on the phone as I type this to the education dept.

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