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Another Appeal Request for help

11 replies

leiela · 15/05/2011 19:06

I posted this on the education board but i haven't have a responce so .. here we are.

We have our final shot at a school appeal for our 11 year old ASD son on tuesday. We failed the last one so this truely is our totally last shot.

At the last appeal i felt the panel didn't really understand ASD, they kept asking questions like had we concidered a specialist school and asking lots of questions about his needs and why we felt the school we were appealing against could suit his needs.

Honestly i dont think i fought a very good case... i just couldn't seem to prove "that" school was the only school which could deal with him. I think most of the problem came from the fact that i don't have any real soild reason's for wanting this school other than a list of reasons a mile long for not wanting the alternative because it is a diabolical school.

Ok so far the reason's i have are.

For registration they mix the year's this means my son will be interacting with older boys with whome he tends to have more in comman.

The Senco was sympathic to the needs of an ASD child, and could give me examples of stratgy's she's used with them.

It's a single sex school and my son is "funny" about girls at the moment. (he's just learn't about sex ed and it's freaked him out a bit, god help him when he actually reach's puberty)

Class sizes as a whole seem smaller than average.. large school but lesson's are in split into small setted groups

The school is split into lots of smaller buildings which i think he will find less overwhelming than large buildings with massive hallways etc.

There is one senior member of staff on each floor in each building meaning if he has trouble help is never far away.

The ofsted reports state they have a good reputation with SEN children and is able to push all children to reach thier potential.

Ofsted also reported that they teach acceptance within the school and they have been very successful at making all children feel safe and welcome.

Ok so as we can see i NEED a stronger case that this... i need some good soild reason's for wanting the school other than "my motherly instinct tells me he'll be ok there" I also want to try and make sure the panel understand the difficulties ASD children have, yes he's coping in primary school but senior school is a mile away.

Here's the ofsted report for the school just incase anyone spots something i missed.

www.ofsted.gov.uk/oxedu_reports/display/(id)/119319

OP posts:
sickofsocalledexperts · 15/05/2011 19:14

If he gets anxious does he self -harm, or run away, or cause a commotion in the class? I only ask because if you can cite health and safety grounds - eg his autism means that he has acute sensory perceptions and what would sound to a normal ear like just a noisy class of 30 would, to him, sound like 100 cement mixers: hence, the need for smaller classes and more easy-to-navigage premises. If his anxiety about the school you don't want, including girls, would lead him to harm himself or others (perhaps by flailing around, or wailing, or running out of class?) then the LA and the school has a duty of care to keep him and other pupils safe, so these are good "buzz" words to use.

You need to prove that going to the school you don't want might have a detrimental effect on his health and safety, and perhaps even his mental health, and that it is very likely the LA would find itself back to square one in 12 months, when he simply can't cope with the noise, size and chaos of the larger, less divided-up school.

Otherwise, there's a danger that you sound like just another mum who wants the better school and is using the ASD as an excuse (not my thoughts, what they will think).

Do you have an Ed Psych report that talks about his anxieties?

leiela · 15/05/2011 19:43

Yeah i have the inital ob's report and 2 letters written for the appeal's one from the Specialist nurse and one from his Ed Psych.

My biggest hurdle is that my son isn't diagnosed or statemented and for the most part does function fairly normally, he has a reasonably mild case of ASD in reality and in school he is "angelic" he doens't self harm or lash out, he's a very private little boy and he tends to keep his anxiety to himself so we don't really have anything big and dramatic to use as leverage as he isn't a threat to other kids ... it's only his own self esteme that tends to suffer when he feels overwhelmed.

OP posts:
sickofsocalledexperts · 15/05/2011 19:56

If he keeps his anxieties to himself at school, do they come out at home (tears, school-refusing?). Does his work suffer because his passivity means he gets overlooked? Did the ed psych say anything that you could quote to help your case? If you feel the court didn't understand asd, don't be afraid to take them through the triad of impairments.

leiela · 15/05/2011 19:59

oh yeah he can get himself so upset he litterally vomits at home. a few months ago he started vomiting at night and we couldn't work out why.

He wouldnt talk to me or his dad, so i spoke to a teacher at the school who has become somewhat of a mentor for him and he spoke to him for us.

In the end he confessed he's lost the pencil from his Nindeno DS and he was scared we'd shout at him... bless... he's had the ds for about 6 years and till then had never lost the pen. My 9 year old loses 20 a month.

OP posts:
sickofsocalledexperts · 15/05/2011 20:10

Yes, that is the kind of thing. Vomiting due to anxiety about a tiny thing, due to his lack of understanding of school conventions and rules due to his special educational needs. A need for a school with a strong understanding of ASD and a SENCO who has the knowledge to help him adapt to the new secondary world. Internalised anxiety leading to real physical unhealth could only become more serious as the teenage years kick in. And the huge social deficits that come with autism could explain why the thought of girls is so scary to him. I think you have to tell the truth, but perhaps a little more vividly than you would do normally if you see what I mean?

The problem is that if he had a statement , there would be all sorts o f legal rights. But you can argue some of them even without a statement, as long as someone has said he is autistic (the ed psych?). In SEN law, the parental choice of a mainstream school should be adhered to unless there are real reasons why not.

If I were you, I would be unsettling the panel as to what self-harm or anxiety getting it wrong at this crucial time of transition could lead to (not really even so much as for your DS, but for their professional judgement if it all turns bad down the line and you just have to change schools all over again).

Be polite but firm. Tears probably help.

leiela · 15/05/2011 20:14

I have Evidence that he is autistic, even evidence we where offered a statement but refused it. I have a statement from his mentor at the school stating the support he gives my son.

OP posts:
StarlightMcKenzie · 15/05/2011 20:21

Right, go to the IPSEA website and download the draft letter requesting statutory assessment. Don't work on it, send it pretty much as it is (you don't need extra hassle right now).

When you get to the appeal panel, you can tell them truthfully that your ds' needs are such that you have requested a statutory assessment. You won't have to point out that should it go to statement, you'll be able to move him to the school you want in a year or so anyway and that school will have to go over their numbers, so they might as well give him one of the appeal places now that will mean they don't have to go over numbers later.

You have nothing to lose by sending that SA letter. If they turn it down (which they will if it doesn't say anything much) then you can apply again literally the next day if you want, or a couple of weeks later with evidence etc. You don't have to wait 6 months legally, though there is a myth that you do.

Good luck.

leiela · 15/05/2011 22:52

highlights from the letters i have.

ed psych's

The meeting concluded that he exhibited features of ASD particularly in the area of social relationships. however it was unclear what the benefit?s of a diagnosis would be Not this was mine and his fathers decision not the doctors though it is unclear who made the decision from this letter

He pursues a number of interest of a cerebral nature, these interests are often not the same as his peers and he is not wiling to make compromises in this area.

He can be quite detached neither needing or wanting input from others and he seldom seek's or gives comfort.

He is a vulnerable child as pupils might not be tolerant of his differences, being on the outside of social groups makes him a target for bullying and has been the target of such behaviour in the past. He has benefited from the positive approach from his primary school where he has been encouraged to take part in social activities.

He is academically intelligent he sometimes lacks social and independence skills. He is not always able to problem solve in a social situation, when things don't go according to plan.

He has responded well to the protective environment provided by his primary school, being in a classroom with a teacher who knows him and is aware of his needs.

The secondary school environment will be challenging for him socially. He is vulnerable and will need to be monitored closely. Attempts by other pupil's to intimidate him need to delt with swiftly and this will require good pastoral support at a high level in terms of quality and quantity in the inital transition phase.

Highlights from specialist nurses letter.

He displays characteristic?s of ASD and from a professional point of view would be given a diagnosis. However his parents where disinclined for a diagnosis because he was managing well in his primary school and they felt it might be detrimental in later life. His parent's would like him to continue without a diagnosis of ASD however this is dependent on the support he receives going into secondary school.

He is a sensitive boy who appear's different from his peers, in that he struggled to interact or have similar interests. This makes him a target for being bullied. His primary school and parents have invested alot of time and effort creating a safe environment for him.

It is vital for him to continue achieving his potential that an appropriate secondary school is found which will nurture and support him. Ideally he would be placed in a school recognised for it's pastoral care with a smaller first year intake as he will find large class sizes overwhelming.

I strongly suggest his parents choice of secondary school be considered as they will have put a great deal of time and thought into choosing it.

Learning Mentor at his school.
Around three years ago his demeanour began to cause concern, he would become tearful and distressed by relatively trivial matters and professed to feeling anxious about things. Following conversations with his parents I began seeing him on a regular basis to discuss his feelings. He benefited greatly from this interaction and duly presented a more confident and contented individual. Other relevant colleagues where made aware of his difficulties and they too provided him with a support network which made him more comfortable and secure.
We referred him to a educational psychologist which resulted in him being placed on the ASD pathway. Further support following this assessment has aided his progress and he now appears to be a settled individual who is achieving his potential.

OP posts:
PipinJo · 15/05/2011 23:31

This reply has been deleted

Message withdrawn at poster's request.

leiela · 16/05/2011 07:47

Evidence is quite difficult to get when atm he is coping very well in school.

i feel stuck at the moment because people keep telling me how well he's doing and it's true he'd doing fantastic but ONLY because he currently has the right suport in place. I just want to insure that support continues into senior school but i feel almost as if i have to watch him fail and struggle before any one can do anything.

OP posts:
sugarcandyminx · 16/05/2011 14:24

Hi leiela. As your son doesn't have a statement, this appeal will be heard by the standard appeal panel who might not have much knowledge of SEN or ASD. It sounds like you have some good evidence in your favour but you'll have to spell out your son's difficulties and how ASD affects school life. You are right in that you'll need to focus on how your chosen school is the only one which can meet his needs, not that the other schools can't.

Can you get concrete information on the class sizes in the school for the year he'd be entering, perhaps by contacting the school itself? It's good to have your information as specific as possible.

I'd suggest posting over on the Education or Secondary boards and include the word 'admissions' somewhere in your title. There are a few posters over there who sit on admissions panels and they can offer excellent advice on how to prepare your appeal.

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