Can you MAKE a school give an appt with EP?

[CardyMow]

Further to my thread where I am trying to help my friend, I have noticed that despite being on SA+ since October 2009, her son has not seen the EP AT ALL. Now I know (through personal experience) that in Essex LEA, it is the decision of the school's SenCo as to who actually gets to be assessed or seen by the Educational Psychologist.

But surely, a child that has been DIAGNOSED with ADHD, is working on lvl 1c in one subject, and 'P' scales in all other areas AT THE END OF Y2, AND is awaiting ADOS testing for asd/aspergers...should have bloody seen the EP at some point in 3 years attending the school ? ?

I also know that this school takes absolutely NO NOTICE of parental requests for their child to see the EP. Part of the reason the LEA has refused to assess this child for a statement is because there has been no involvement from the EP. The EP in our area CANNOT request to see a particular child, even if they feel they should be seeing them.

Which our EP MUST know they should be seeing them, as they filled in a form to do with the Statement application that goes like this:

Has the school discussed the collated information with you ? Answer - NO

The school has been asked to attach the most recent EP visit reports .(of which there are none...)

Is there any other information about EP involvement and advice about this pupil that you think should be considered ? Answer - NO

Is there any other information that you feel would be helpful in deciding if this case meets the criteria for a stautory assessment ? Answer - NO.

Then signed by EP. What's the point in asking the EP to fill in this form, when he/she has never MET the child the form is about??

Is there any laws covering access to the EP? I have looked through the entire SEN COP, but either can't see the wood for the trees, or there isn't any. .

CAN a parent insist their child sees the EP for assessment? Is there any rules or regulations that would make this possible, as I don't see an application for a statement being successful until the child has been assessed by the EP.

HELP!

That's a good idea, about giving them 7 days, and cheers for the help you are giving me.

Loudlass, you'll always get people willing to help here, but the thing is that with all the advice in the world, you are going to have to be the one to do something with it.

It is a double-edged sword because the more you 'discover' the angrier you get and the harder it is to walk away, even when you finding yourself putting effort in that just doesn't reap the rewards, just because it 'should'.

Learning when 'giving up' is the best thing to do is a bloody hard lesson to learn. Not saying you are anywhere near that btw, but do keep the thought in mind at all corners. Not that keeping it my mind does me any good though, but I do think it is important to acknowledge it.

When you start out you 'think' that ultimately you will win because a. your are right, b. their HAS to be human rights laws somewhere that will support you, and c. we are a civilised society.

Discovering that all the above are myths is not for the faint-hearted.

But also, ultimately, without challenge by determined parents things will not only not change but get worse.

I have already all but given up when it comes to my own dc, but DD is in a Secondary that has done so much more for her than this primary did, so I can rest easy that she's getting as much help as I can get for her.

DS2 I haven't got to that point yet, I'VE managed to help him to get to where he should be academically, it's just his writing that's a problem. And his social skills, but tbh, the school will NEVER help with that, it's down to me to be well informed. But neither of mine are now at a point academically where staementing etc would even be possible.

However, this young lad NEEDS a statement in order to get ANY sort of education, and I am determined to help my friend. We may not get what we are hoping for, but we can have a bloody good go at it, and try the very hardest we can!

Could someone please help me to word the letter to appeal against the refusal to assess for statement? I don't know how to get all the information together in a cohesive way. I know all the things I want to include, but I don't know how to word it. She doesn't have computer or internet access, so I need to type the appeal letter and print it, so she can sign it and send it back.

Loudlass, you can go to the IPSEA site where they have model letters, but seriously, you don't need to appeal. You can resubmit your application with additional evidence.

Evidence IS what you are going to need though. And in written form. Tribunal panels won't believe anything you say the LA has said iyswim.

And btw, I just want to say that I admire you for what you are doing.

Also try SOS!SEN...they were very good when I rang

good luck x

Thing is, by the look of it, the LEA didn't LOOK at the evidence that was submitted last time - what I've got is what the LEA had IYSWIM. So they saw the school wasn't doing what it's meant to, and didn't even bother to assess based on that fact alone. Ta for the advice about IPSEA, I'd forgotten about them!

But if the school isn't doing what it is supposed to be doing, that is a resource issue. The resource might be their lack of understanding of the SEN CoP, or SN, or anything really, but that is not the child's fault and they shouldn't suffer as a consequence. You can make this clear in the appeal btw.

Thank you. One of the things that glares out at me from the SEN CoP is that if the school cannot meet the childs needs on SA+, then that is a reason for the LEA to assess for a statement...

Absolutely loudlass

I'm probably not much help, as I'm only just starting out on this route myself and you probably already know and do this, but one thing our Inclusion Team Leader told me was that LEAs have such a huge pile of requests to read at each sitting, unless your evidence is extremely clear and easy to find and read they won't bother going through it and it will probably be refused as a result. Apparently our LEA is notorious for it.

She advised me to make sure its all done in proper report style, with a clear simple numbering system and then to highlight anything we particularly/desperately want to make sure they see as well and make sure its referred to on the very first page, as often they don't bother reading past it.

Honestly all the hours of effort and heartache parents put into these things and they can't even be bothered to read the evidence that's put in front of them.

AArrrghhh! Trying to write a letter to the LEA requesting an appointment with a parent partnership officer, I had found some legislation that covered THAT, (2:20 Parent partnership services are expected to provide a range of flexible services, including
access to an Independent Parental Supporter for all parents who want one,)...BUT do you think I can find which file it was flipping from?? Is it the SEN CoP or not??

BUMP

Rather than wait for the school to get their into gear, we went via the GP, who arranged an appointment for our DS with the community paediatrician, who then got at EP involved at school. Everything we have gained for our DS (he now has a DX of Aspergers and Dyspraxia and a parentally initiated statement) has been because we did not wait for the school to act. Ironically it was the reception teacher at school who told us to go this route instead of waiting for the school to waste valuable time.

to recap? dx adhd, possible asd, going into Y3, at P scales and NC level 1? Attending only 2hrs a day and history of exclusions?
has there been a psp or involvement from your inclusions team?
has there been any involvement from behavioural support or similar?
is there any evidence of his difficulties in the school reports?

you are trying to get a Statement so he can access full time mainstream or sen provision?

sorry - didn't see your other thread.
second all those suggesting IPSEA or ACE.

Loudlass Have pm'd you as may have some usefu linfo.

Recap pretty much spot on, gumpypants.

Behavioural support wrote the school some excellent suggestions - which they proceeded to repeatedly ignore. Inclusions team? Nothing about that in the paperwork she has. HUGE evidence of his difficulties in school reports. Mum hadn't thought about SEN school - didn't know about it (like I said, none of her other dc have had problems). I chatted to her about the bloody lovely SEN school with a specialist dept for asd, she is going to look up about it.

But yes, we are trying to get a statement so he can access full time MS or SN education. That he will actually learn something from, other than how awful people will treat him. .

grumpypants. Sorry - my 'r' key is sticking if I don't press it hard.

so what reasons did the LA give for refusal to appeal? have you asked to meet with them face to face to discuss?

the cop 2001 is statutory guidance so not law but not to be ignored iyswim. I was wondering if you had some sort of inclusions dept at the la to avoid the risk of permananent excluson?
what is the school's view - is there a plan to increase from 2 hours a day?

Tell firmly the school that you are not satisfied and that you will be making a referal to a private EP unless the LA EP within 4 weeks does a full WISC or BASII IQ test and full english and maths attainment testing.
LA eps dont like having private EP reports as they are far more specific detailed and quantified and therefore more helpful before any Tribunal.
What you want here is the threat of action.
That having been said if you make the threat then you must be prepaired to carry it through.

If the child is only attending for 2 hours a day then he is being excluded for the rest. Notify the school/ LA that you will be implementing a DDA claim.
A child at that age is entitled to 23.5 hrs of education pw. [DCFS Circular 7/90]
Alternatively threaten the LGO.

They KNOW my friend can't afford to go to a private EP, they've got her by the short and curlies there. The school today, apparently, have told my friend that he should be able to attend FT from 16th. They told her that 6 times in the 3 months before the end of last school year too though.

Having said that, he had an excellent 2 hrs in school this afternoon, we think this years' teacher is a much better 'fit' for him than last years teacher, plus my DS is close friends with this boy and they are in the same class for the first time this year. The teacher said he was very well behaved today. Plus they seem to have 2 TA's in this one class this year. First time this year group has not had to share ONE TA between 3 classes!

I know that my DS needs extra help with his handwriting (he has Sn), there is another boy with SN in the class also, and then my friends' ds. Don't know whether the 2-TA situation is just for today or a permanent thing.

The class teacher said to my friend that if she wanted to send him in for longer, she could - so maybe things on that front are looking up?

Still going to appeal against LEA's refusal to assess though, and insist on an EP assessment.

Loudlass, your friend may well be able to afford one if she or you contact the charities who have funds for such things.

Good news about the better teacher, although really, what is so special and different about the 16th that enables him to attend then when not before.

Personally I would ask that question in writing.

Tomorrow after we have both thrown our teenagers at their schools we are going to try to make some phonecalls. Hopefully in peace...