2nd application for SA - any tips?

[KOKOagainandagain]

The first application was refused because DS does not meet the attaintment criteria but an LEA learning advisor came to talk with us about 'lack of progress'. DS has been on Action and then Action+ since 2008. Teaching staff had been concerned about zero independent work from the start but his attainment was above average. After he was found to have various problems relating to auditory processing, ocular-motor problems, low working memory retained reflexes etc I pushed for support and he was assessed by the LEA EP who found no cognitive explanation and self-esteem targets were added to the IEP focused upon independent working. At KS1 sats he scored 2b/a/3. Four years later his teacher assessed level is still level 3 and his ability to work independently is no better (he does not use prompt sheets without prompting!) or worse when expected to do complex tasks. This is actually year or year regression and so he will meet the 'inadequate progress' criteria.
He has also transfered schools on medical advice (school phobia) and is currently seen by the Comm Paed for secondary anxiety (multiple tics, behavioural problems at home - quiet as a mouse at school - phobias etc) and the 2nd LEA EP he saw assessed him as 'vulnerable' so he should meet that criteria (Hurray - not!).

An independent EP has now diagnosed diagnosed dylexia, dyscalculia, dyspraxia with possible APD/ADD but he is not bad enough to be in the bottom 2% considered severe. The problem remains the attainment criteria - I know they are not supposed to 'legally' but my LEA only assess children who are more than 3 levels behind (for Yr 6 this is

"I know they are not supposed to 'legally' but my LEA only assess children who are more than 3 levels behind"

They are acting illegally here if they are doing that. This is the usual type of blanket policy trotted out by some LEAs to avoid their statutory responsibility.

Challenge them again and appeal their crass decision if it is refused (use IPSEA refusal to assess pack if needed). The only "criteria" for statement is need.

Seek independent advice from IPSEA, ACE and or SOSSEN and stand firm against the LEA. Do not cave, show them you are not going to go away quietly. Arm yourself as well with a copy of the SEN Code of Practice (this is online).

DS is in the last year of primary and we are very concerned about a secondary. I think that he will need an independent specialist school as everyone we have encountered so far simply does not know how to enable independent learning/progress. We know that this is incredibly difficult to win and had assumed going to Tribunal over this. We were hoping to avoid going to tribunal to get an assessment as this all adds to the time - DS will end up in an unsuitable school and life will become unbearable - he was self-harming and threatening suicide before we won the appeal for school transfer. I really fear that the wrong school could be a life or death issue - although most people would consider me to be paranoid or a drama queen if I said that.

Be honest with me - I had hoped this would be all sorted before Sept (hollow laugh) - how hard will this really be and how long will it take? Failure is not an option but I need to be realistic.

I think you're looking at a process that will take a minimum of six months from the time you apply. Statements can take six months to set up in any event.

Also if you want an independent school the LEA may well fight you all the way on this and it will involve a tribunal. I stand corrected on this point if it is wrong but I think the onus is very much on you as parents to prove that a specificially named independent school will be the only suitable choice for your son.

I would seek independent advice from one of the organisations I have previously mentioned; knowledge after all is power.