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LEA refusual to assess - again

8 replies

KOKOagainandagain · 09/06/2012 11:43

After making us wait the full 6 weeks to Panel have decided that DS's educational needs do not meet the criteria.

I know this is par for the course but I am really pissed off! We didn't go go tribunal after the first refusal as the LEA argued that they need to collect more data about progress during a Wave 3 intervention and assure themselves that the school was doing everything possible. We were told that if there was evidence of inadequate progress there would be time for a statement before transfer to secondary in September.

The letter says 'The evidence indicates that DS's rate of progress is particularly attributed to his processing and writing skills. The school are taking appropriate action to support DS in these areas and his additional needs can continue to be met at SA+'. This is complete bollocks as DS has made a maximum of 2 sub-levels progress from KS1 to KS2 (expected is 6 sub-levels, adequate varies but is about 1 sub-level in 2 terms or 6 months progress in standardised tests in a 12 month period. The rest is proforma. I know they have a legal duty to give reasons for refusal - is this enough? Is the 2% criteria so powerful that it trumps obvious and longstanding regression?

DS is dyslexic but not severely so but also has 2 other SpLDs as well as a range of other differences/deficits and has been referred to the GOSH APD clinic and his comm paed is carrying out preliminiary screening for ASD.

As the letter does not say what criteria he does not meet, what evidence they are referring to, whether rate of progress is adequate or not, type of processing (phonological, auditory, visual, tactile - what?) or what they mean by writing skills I phoned the author as invited for clarification. She told me that she hadn't attended the panel, had not read the paperwork and did not have his file and so would have to ask her line manager and get back to me next week. She didn't even know what the letter that she had signed meant or how the decision had been reached.

We are able to relocate to Kent/East Sussex (from Suffolk) but am wondering what will happen with regard to the statementing process. If we were to stay here I would go to tribunal but DS would be expected to attend the village middle school for one year before it closes in 2013. Just to complicate things further he is point-blank refusing to attend. If we relocate it will be during the summer hols. Would we be able to make a fresh request to the new LEA or would we have to wait 6 months?

Sorrying for going on - vacillating wildly between Angry Shock and Sad and an overwhelming desire to crack open the Wine

OP posts:
mariamariam · 09/06/2012 12:00

Not sure about the technical issue, but I would file the appeal now anyway.

bochead · 09/06/2012 12:16

Lodge appeal now.

If you manage to relocate put in statement request the day you arrive in new area.

basically cover your bases.

KOKOagainandagain · 09/06/2012 12:37

Thanks. I will lodge an appeal - just in case we don't move. Things are complicated anyway - if we stayed a tribunal hearing would not call on the Year 6 HT/SENCO because the passage of time would mean that he would have left. We will be fobbed off again with a 'wait and see' what impact the change to secondary would have because the new school would not have had time to get to know him and by the time they did the school would close (or become a free school with new staff). In any case he is due to start secondary in September with no statement so we are wondering what the disadvantages of relocating might be.

Things are getting more difficult as he get older - desperately wants the same independence as boys his age but last week was caught wiriting 'fuck' on the village community centre wall on one of the rare occasions he was allowed out without adult supervision - doesnt get social rules and so finds them easy to break. He has no diagnosis and so I have no reason to restrict freedoms - can't justify it to him why he is treated differently.

Does anyone have any experience with Kent or East Sussex?

OP posts:
bochead · 09/06/2012 13:50

Kent NO, just NO. Not without a clinical diagnosis.

StarlightMaJesty · 09/06/2012 14:16

No to Kent.

As much as I hate to look after their budget and help them put parents with expensive kids off living there.

pinkorkid · 09/06/2012 22:17

Keeping, have pm-ed you.

beautifulgirls · 10/06/2012 20:29

Another No to Kent - have fought with them all the way to get DD statemented and still need to appeal the final statement as it is a pile of rubbish.

KOKOagainandagain · 11/06/2012 13:08

OK, that's NOT Kent! Grin

In terms of tactics (I'm quite sure that the LEA will cave to assessment before we get to Tribunal because their decision is not supported by the school evidence) my end goal is a small specialist independent school. I have identified one that has the added benefit of an 'artist in residence' - DS is a gifted artist and I think that this would not only be an important boost to his self-esteem but would allow him to shape a life. Am I more likely (with as many Tribunals as necessary) to achieve this out of county (ie staying in Suffolk where there is no provision) or in county (ie moving to East Sussex but where there is mainstream specialist provision at Bexhill)?

Also if we stay here and DS refuses to attend, how will this affect the statementing process - are we more likely to get a statement if he becomes a refuser?

Sorry for all the questions - very Confused

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