Applying for SA for the 2nd time advice needed please

[claw4]

Ds currently has a NIL, after previous SA request.

Do i have to apply for SA as if it were the first time or am i asking them to reassess?

Ooh, I don't know but would automatically assume it would.

Good luck Claw. Your DS needs a statement. You'll have to take the reasons why it was refused last time and any negative feedback this time to plan your evidence-gathering.

Be as the first time!

At the end of his NIL it states "if ds does not respond to the support of his needs become more complex, the case could be re-referred for consideration"

After looking at the model letters, re-assessment seems to be more fitting, than SA.

Ive been searching everywhere for info on NIL and it seems to be a bit of grey area. I dont want to waste 6 weeks, applying for the wrong one, whichever that might be iyswim.

I would treat it as a completely new application and not a reassessment.

Tell them to stick any future NIL where the sun does not shine!.

I don't think treating it as fresh could really be considered 'wrong' but you coukd cover your hide in the letter by requesting both or either/or or not even mentioning it.

Just say, request for statutory assessment as DS has not made adequate progress with current support.

Just spoke to the LA, after spending hours trying to get through to IPSEA, SEN SOS etc.

Apparently i write to the LA requesting re-assessment, not SA!

Surely it doesn't matter provided you are clear about what you are requesting?

But you have an official answer so best go with that. Good luck.

I didnt want to take any chances, i know what the LA are like for stalling!

I found 2 model letters on IPSEA one for SA and the other for re-assessment of part 3 of a statement. Seems the re-assessment of a statement is more suitable for a NIL, just replace statement with NIL. As i assume i would have to state what has changed since the last time i applied in order to get a statement?

Request for re-assessment.

I am writing as the parent of the above named child to request a ?reassessment? of his special education needs under the 1996 Education Act. Ds has a Note in Lieu of a Statement and attends X School.

1. I believe that ds?s special education needs have changed as follows:

1. I believe that the provision in the NIL is inadequate/inappropriate because

1. I believe that the school is no longer able to meet these needs because:-

I understand that you are required by law to reply to this request within 6 weeks and that if you refuse I will be able to appeal to the special educational Needs Tribunal.

Just need to write 1, 2 and 3 now!

Its difficult because nothing has changed, iyswim, he needed a statement then!

Im not quite sure how to word it to be honest.

Well you probably know that how you word it at the request stage won't matter 'too' much if you're expecting it to be refused.

I suppose you state that his needs are no longer 'just on paper' or whatever ridiculous wording they used was.

My reasons are basically school havent followed the recommendations of experts and this has resulted in ds engaging in self injurious behaviour again.

So thats number 2 taken care of (worded differently obviously to include complex and inadequate) . How about number 1 and 3?

I suppose 3 would be that in order to follow the recommendations of experts, he would need a statement? (worded differently)

and 1 would be he hasnt responded to the support he currently receives, as he is still engaging in self injurious behaviour?

Sorry im thinking out loud!

I.e 3, that your DS needs the legal protection of the statement?

You might need to get advice in that. You might have to show that you have flagged this up and neither the school nor LA have taken notice.

Have you evidence of increase in self-injurious behaviour?

Have you evidence that it is inadequate support from school that is causing it?

Yep, i have photos.

I hope i have evidence that it is inadequate support, i have.

1. A report from CAMHS, stating the reason WHY he scratches, he has difficulties understanding interactions and often experiences a sense of confusion about his environment. This confusion is making ds at times overwhelmingly anxious. A particular theme evident in their sessions is ds's experience of unstructured peer group activities, at school, as threatening environments.

He is increasing feeling different to his peers, due to his social interactions.

He scratches to alleviate tension.

Without the appropriate help and support in school to help with social interactions, these behaviours could esclate. They recommend additional targeted work on his social and peer interactions in the school environment.

1. NIL and SALT's (more than one) recommend that school target his social use of language. This hasnt been done. So i am assuming along with what CAMHS said, if also cannot use appropriate social language this is impacting on his social interactions?

1. OT was of the opinion that scratching could be due to too much or not enough sensory input too. She made recommendations. I got ind OT report. This is not being followed.

Would also add that CAMHS also recommended that school record any incidents in home/school book, so that i can help ds to make sense of his day. Which school dont do. I have to keep writing a reminder in his book, even then they dont.

Also school wrote to my solicitor pre-tribunal that they would be happy to take on the extra work of following my ind OT recommendations, if NHS OT could supply.

During Tribunal they stated they were meeting his OT needs, from various other support and he was making progress (although no record of this, just the opposite, not meeting targets) and my OT showed he had lots of difficulties.

After Tribunal they wrote and said they would refer ds to NHS OT.

All very conflicting. If they are meeting his needs, why would they refer?

That's good.

You need to show how these issues cannot be addressed outside if school. I.e that the recommendations are Educational Needs, not social, parenting, mental health etc. You have to demonstrate that they are a barrier to him accessing an adequate education.

I'm sure you know this though.

I'm sure lots of posters here will help you as yours appeared to be the most unjust and idiotic case last time. Sadly there have been a few situations similar to yours since. I think it is getting even tougher out there, but you have to hope for fairness from the system as it is the only system we have.

Also, if you go to tribunal you won't be given the same panel as last time.

I think i know that! im just not sure how i demonstrate that though? other than by quoting experts? Previously as you know, experts (even LA's!) were considered a 'snap shot'. Although they cannot write off what CAMHS have said, as he had weekly therapy for over a year and half.

School will say regardlesss of needs, he is making progress academically, therefore his needs are not impacting on his education. Although i have evidence of his attainment levels being all over the place.

Have you new reports, observations etc. Lined up?

Two 'snap shots' can be considered a trend!

I have about 30 reports, including the LA's, over the last 2 and half years, which all state pretty much the same thing.

Ds's conservation at times, did not make sense to them.

He appears to be interacting, but doesnt follow through with interactions or not reciprocated by others.

Appears confused.

Difficulties with rigid thinking.

etc, etc.

I have managed to get NHS SALT to agree to observe ds, as all she has previously done is formal assessments, which have never been ds's problem. Yes he can score on 50th centile when formally tested, but try understanding what he is talking about informally.

I am also trying to get ASD Advisory to observe him again, she was brilliant last time.

Thought i would try and get some LA's observations, although i will also get ind EP, OT and SALT to pay another visit, as its been longer than a year now.

Do you think i should wait?

Well then what has changed is that the evidence shows it was and is not a 'snap shot' and your DS has deteriorated.

Education skills are more than the NC ratings. They are life skills and communication skills. You need to make this clear and point out why they are essential (sure the SENCOP) mentions this somewhere and the charities will have access to case law.

You'll need an indie EP. It is too soon to get them in now. You need to get them in possibly towards the SA process if likely to award but it will be essential if you are challenging the contents of a statement or another NIL.

Best get your evidence together, research an EP to get feel for expertise, costs and availability.

EPs and other experts usually don't charge if you give them a month notice (and usually not after that if you're not cancelling but rearranging) so you can book one for 2-3 months time.

I have just emailed EP, SALT and OT, same ones as last time to ask how much they would charge to reassess, figured i might get a discount as i have used them before!

Can you recommend an indie EP?

So i need to focus on what was decided at Tribunal last time? This should be the basis for my request for re-assessment?

Don't ask for a re-assessment. There's no appeal route if they decide again that he doesn't need a Statement.

You applied for a SA - the process was completed and a NIL was issued instead of a Statement.

You need to start from scratch and request another SA. It's only the SA process that is legally binding.