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DS getting note in lieu, going to appeal, help!

7 replies

starfish71 · 31/05/2012 14:50

Found out eventually yesterday that DS is not getting a statement and they are going to be issuing a note in lieu.

Initial upset pushed aside and am now planning to appeal.

DS 13 has dyspraxia, aspergers (not officially dx as DS at present won't agree to last part of reassessment) all professionals working with him acknowledge that he does fit the criteria and treat him as such.

He has been out of school since Christmas and three weeks ago started home Tutition. Suffers badly from anexity and hardly leaving the house.

Now, have just spoke to SNAP and they will help me with appeal process, was told that as EP report states -

"to access the national curriculum DS will need a curriculum differentiated for a pupil with social-communication difficulties, high levels of anxiety, poor short term memory and poor fine motor skills. DS will need verbal instructions to be clear, presented a few at a time, with opportunities for DS to clarify what he has been asked to do. DS will need to learn in a structured environment in smaller groups, where auditory distractions and anxieties can be minimised."

The report from the Autism Advisory teacher recommends

"DS is places in a small class that has good understanding of the needs and learning styles associated with AS and anxiety"

"DS's anxiety and social communication difficulties are impacting on his ability to engage, to learn and access the national curriculum. He therefore needs a calm and nurturing environment to encourage him to remain calm"

SNAP have said this is good evidence and that the LEA are ignoring the evidence of its own professionals and I have good grounds to appeal.

Any advice or thoughts please? Thanks

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HotheadPaisan · 31/05/2012 15:15

This reply has been deleted

Message withdrawn at poster's request.

starfish71 · 31/05/2012 15:23

Hi hothead, yes it is rubbish, not sure if I would be able to get DS to undergo any assessments at the moment. Going to have a good chat with DS over weekend to see if he will agree.

Haven't spoke to ipsea or SOS as yet, will look them up. Our parent partnership is pretty good and did help when we were trying to get DS2 into a suitable school last year.

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StarlightMaJesty · 31/05/2012 16:14

Starfish, only the usual, that this is not personal or right, just a bloody hoop to jump through.

Having said that I woukd really recommend someone like DK for a dx as she doesn't do tick box assessments and can assess whichever way is needed to get the relevant info.

starfish71 · 31/05/2012 16:20

Thanks starlight , am telling myself it's not personal, hard though eh?

Sure I have seen DK mentioned on threads, what is full name and I will google

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starfish71 · 31/05/2012 16:21

Oops just seen hothead gave daphne keen's name in her reply!

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AttilaTheMeerkat · 31/05/2012 17:05

Sorry to read of this development starfish.

I see that you are going to appeal against the NIL - this is good indeed.
It goes without saying that you must appeal against the Note in Lieu; it is truly not worth the paper its written on. Tell them politely to stick the note in lieu where the sun does not shine!.

Do try and get hold of either IPSEA or SOSSEN; they can advise you further here.

I would also make contact with a firm of Solicitors who specialise in educational law - have heard good things about Levenes for instance.

starfish71 · 31/05/2012 17:13

Thanks Attila, its all so frustrating and senseless isn't it? If a child like DS who has been out of school for 5 months and is clearly not able to cope without support is refused a statement it really makes me wonder what they are on in my LEA?

Still I know ranting will not get anywhere, though it does keep me motivated!

I will look up those solicitors and try and get hold of either ipsea or sos.

Thanks

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