Need help to help friend with statement appeal. *long*

[CardyMow]

My friend has had...problems...getting our notoriously crap with SN school to help her DS. He has been diagnosed with ADHD. He is on a waiting list for ADOS testing for asd. He is VERY young for his school year. He will be starting In Y3 in September. His birthday is 26th August AND he's a twin, from a VERY large family.

The school, when PUSHED have sent in a half-arsed application for a statement, not filling in half the info etc, they've put nothing in place except saying (verbally) that he can only attend from 1pm-3pm each day, and they have excluded him for SO MANY spurious reasons my jaw is hanging open at some of the paperwork my friend has given me.

The LEA have just sent her a letter saying that they are not going to assess for a statement based on the evidence (I can't see why - boy is 'working towards NC lvl 1 at the END OF Y2??!! - with behavioural difficulties too). She has 2 months to appeal. I want to help her. How do I collate the evidence I have into a decent appeal for her?

I have personal experience of how much the HT is against statementing, through my own SN dc at the school. Mostly because we are in Essex LEA, SA and SA+ budget is delegated to the school, so if they only want to spend £2 a year on helping that dc, the school can spend the rest on...tarting up the toilets and doing a new library like they're doing over the summer holidays this year...They have 53 dc on SA / SA+...I know myself that there are NO MORE THAN 4 dc with a statement (as funding is then ringfenced) In a school with over 400 pupils. . Being the only LEA run school that HAS to take sn dc when they are excluded from other voluntary run schools locally. again.

Also, every time they have excluded him, they have done it by telephone, and never anything in writing. The only thing that states he has been excluded in his file is one sheet, printed out for the express purpose of stuffing in the envelope for the statement application.

If you need any info from the evidence I've got to help ME to help HER to build an appeal that has a chance of success, then please tell me.

Oh - and there is a letter, in black and white, from the paediatrician that assessed her son for ADHD that states, and I quote ' I believe that XXXX is currently supported at the level of school action plus . I suspect that he is likely to need a higher level of support than this to enable him to attend for a whole school day and I wonder if there are any plans in place to proceed with a statement of special educational needs ?

It is alarmingly common for statements to be turned down for ADHD, but less so when there is an ASD diagnosis. Is there any way at all your pal can get a private diagnosis of ASD, via someone like Dr Daphne Keen?

ipsea has some good advice on informal exclusions, if you click on the link it'll give a couple of examples of what you should be writing in the letter, they also have a refusal to assess pack, there's also ace who have lots of info on their site.

No money for private, at the mercy of NHS which is crap here. I know it's hard to get a statement for 'just' ADHD, but in our LEA, you don't always get one with a diagnosis of asd either

My friend is waiting for ADOS testing on NHS, most paperwork from paeds and CAHMS states they believe he has aspergers/asd. Also they are waiting for psychometric testing?? (not sure about this, just what the paperwork says) but there is a 1 year waiting list.

I am helping her because despite the fact that she has 10 dc, 7 of them at home (!), she has never had any problems with ANY of her others (most of whom are older than XXXX). So she hasn't a clue how the 'system' works. Or doesn't. I have at least some experience, through trying to get help for DD and DS2 in the past, but because they were 'borderline' for needing a statement, have never got so far as to need to write an appeal letter like this.

Ta for the Ipsea link, am now off to read some more...any more advice cheerfully and thankfully welcomed.

Can I offer another perspective. Reading what the grounds for refusal I think the LEA don't want to consider the statement because they know that that particular school are crap with challenging students - SEN or no SEN. Really the school are not following their statutory obligations by providing any behaviour plans and time out solutions. In fact they are being utterly crap. It isn't just a bod in the LEA who decides to assess or not to assess it goes before a panel of people who are made up of SEN professionals, LEA bods and outside people. If you were on that panel in all probabibily looking at 20 sets of paperwork for 20 kids with probablly the resources available for only three of them and reading the rubbish paperwork supplied by this school would you give money to a school like this when resources are really tight because they have shown that they won't do ANYTHING with it - the money is not going to help this child because the school aren't doing the basics that you do before you even start going down the statementing or otherwise route. Your friend needs to complain to the school's Govenors about the treatment of her son and the lack of a specified behaviour plan put in place for him. He should have small targets that are achievable for him with clear rewards. I assume that there is no other choice of school available? I think she is right - he should go in at normal time. If he has an obsession with rubbers then this should be managed - he gets the magic rubber when he has completed x and can fiddle with it for a while before the next task. It's an easy carrot.
You are a very kind friend.

No other school with space in this year in a 30 mile radius. I should know, it's the same yr as my DS2, and I've been trying to move him for 3 years. It's the school that takes the bulge classes, this yr group has a bulge class - 90 instead of 60.

So the school won't do what they are meant to - are we meant to give up on an education for him? The governors back the HT are personal friends in EVERY situation. Been there, done that, 12 times in 7 years, 8 of which were over school not following SEN COP WRT my own dc. (Rest were for bullying procedures / Safeguarding issues / other things)

If there is a statement, then the school a) HAVE to spend the money on helping the statemented child, and b) SHOW what the money has been spent on. With SA and SA+ in Essex, they get given the money, get to spend it how they wish, and are not accountable for how / where it's spent, or what on.

THIS is the ONLY way for my friends' son to get the education he deserves, is to get him statemented. The school will NOT do what they are meant to without it. Yet the LEA won't even assess for a statement until they do...To me, that smacks of the HT and the LEA being in cahoots not to spend money where it should be spent.

The school has managed an awful lot of 'tarting up' (cosmetic work) since Essex devolved the SA/SA+ budgets to the schools 3 years ago - new library that year - which is being totally replaced over this summer, sailshades in the playground, new adventure playground in the grounds, living willow statue, extra classroom, redecoration every summer, all toilets being ripped out and renewed this year (I KNOW they were only done 6 years ago, so not old ones).

Yet for the 4 years before Essex LEA devolved the SA/SA+ budgetto the school, the only thing they had done was to replace the (20 year old) toilets 6 years ago. Something stinks...oh yes, it's Essex LEA's devolved SEN budget idea...

BUMP

bump.

I have bought a pack of rubbers so that my friend can give him one when he goes back to school. And I have also typed a letter for his mum to sign that evidences the need for a 'comforter' written in the notes I have from the school SenCo. And have included a comment that it is hoped that him having this 'comforter' will reduce the number of behavioural incidents related to rubbers in the classroom. If they take them off him, we will send him in with a new one each day, along with a written note explaining that this is a simple adjustment in relation to his disability.... Got to start the paper trail somewhere - the school won't want to be seen to be breaking the Equalities act 2010 now, would they??

And it's well known that children on the autistic spectrum often have sensory issues - if even the SenCo says he needs something to 'fiddle with' when he's stressed, well this solves that, doesn't it.

bump.

Each council has a parent partnership by law. Get your friend to make an appointment to see them. I know that they vary hugely depending on where you live but I am currently waiting for the results of my assessment for DS. The Parent partnership were fantastic for me. They helped me write so much useful information to get it to the stage of assessment. You need to find additional information to have grounds to appeal. I was told if my request for assessment had been turned down that is what I would have needed. - So ANY reports from outside professionals would have been useful. has the child seen anyone other than the paediatrician? If so then copies of all those reports need to be included and the relevant sentences about problems or behaviours cross referenced as if you were writing a thesis. ie " xxxx" as per page 4 paragraph xyz of Bla bla report
They always want to see an Educational Psychologist report apparently. Does your friends child have one? If not she must bug the school for one as the request must come from the school unless you can fund a private one.
What is the TA in the class like? Does the TA keep any records of incidents? Does your friend have any? - Can she make a list?
The parental views can probably be completed now to send to the LA as additional evidence citing the fact that your friend was away when the letter came. - I don't think that that is unreasonable.

There IS NO parent partnership officer for my area, alison222 - the post has been vacant for 3 years barring 12 weeks about 2 years ago. Also the school is notorious for refusing access to the EP - I have another thread going about just that issue. Friend CAN'T afford to go private for an EP. TA - in class - only sometimes, the EP floats between the 3 classes in that year (one between 3 classes!)

BUMP

Loudlass, is your friend on benefits? If so, she can apply for legal aid to challenge the LA if they won't assess for a statement. And the solicitor wd probably request an independent EP assessment.

No, she's not on benefits - her DP works (abroad). Hence being so screwed! No legal aid, but not enough money for solicitors either. I think it works out that my friend ends up with the same amount of money as she would on benefits, just without the 'added' benefit of qualifying for legal aid IYSWIM.

You couldn't check out the letters I've posted on this www.mumsnet.com/Talk/special_needs/1292173--Wasuup3000 thread, could you?

Hi Loudass - 2 thoughts

1. your lea are obliged to provide some sort of support for parents of children with sen, whether via partnership with parents or bought in service.

some useful quotes for you when pointing this out to the lea:

sen toolkit:parent partnership services
"A local education authority must arrange for the parent of any child
in their area with special educational needs to be provided with
advice and information about matters relating to those needs.
See Section 332A, Education Act 1996
A local education authority must make arrangements with a view to
avoiding or resolving disagreements between authorities (on the
one hand) and parents of children in their area (on the other) about
the way LEAs and maintained schools carry out their
responsibilities towards children with special educational needs.
A local education authority must also make arrangements with a
view to avoiding or resolving disagreements between parents and
certain schools about the special educational provision made for
their child.
See Sections 332B (1) and (2), Education Act 1996
1 Copies of the research reports ? Parent Partnership and Special Educational Needs: Perspectives on Good Practice by
Jeni Vernon, and Resolving Disagreements Between Parents, Schools and LEAs: Some Examples of Best Practice
by Jane Hall ? can be requested from the DfES on 0207 925 5524."

link here to rest of toolkit: media.education.gov.uk/assets/files/pdf/t/toolkit%202%20text.pdf

2 Once your friend's child has a statement, they should be able to make representations for the school they want, even if that school is nominally full. We managed to do this for our ds for a place at a full special school. It is (relatively) easier to achieve in the case of a mainstream school.

link here: media.education.gov.uk/assets/files/pdf/s/sen%20code%20of%20practice.pdf

"Parents may express a preference for the maintained school ( but not a PRU or
hospital special school) they wish their child to attend, or make representations
for a placement in any other school. LEAs must comply with a parental
preference unless the school is unsuitable to the child?s age, ability, aptitude or
special educational needs, or the placement would be incompatible with the
efficient education of the other children with whom the child would be educated,
or with the efficient use of resources. LEAs must consider parental
representations and arrange any meeting(s) with LEA advisers or officers the
parents seek, before issuing the final statement.
See Schedule 27, Education Act 1996"

Also relevant:
"8:85 The LEA should also consider carefully whether the admission of the child to a maintained
mainstream school would take the school over the number fixed as the number of intended
admissions for the year, which must not be less than the ?standard number? or ?approved
admissions number?, in other words, whether the school is already nominally full. Admitting
children over this number might be incompatible with the provision of efficient education or
the efficient use of resources. In some schools an additional child in a class would be
incompatible with the efficient education of others as there might not be enough physical
space, especially if all the children require particular aids that take up a lot of space. LEAs
must also comply with the class size legislation in infant classes (see paragraphs 1:33 ? 38)."

As your friend's childs difficulties will not require placement at a school for children with physical handicaps, the first example will not apply, and if he is still in infants, the legislation refers to the ratio of teachers to pupils so it is possible for a school to employ an extra member of staff where necessary if they are forced to accept extra pupils which forces them over numbers. Also higher up the school than infants the published admissions number in mainstream schools refers to the number on the whole school roll, so that there is flexibility to take into account a space in a different year when considering admission to an oversubscribed year.

Hope some of that may help.