Now been told that DS wont get a statement if he goes to MS

[zen1]

DS has ASD and is due to start school next Sept. He currently attends both a SN and a MS pre-school. I went to a meeting organised by the head of the LA Pre-school Specialist Support and Disability Service (who overseas the SN pre-school and is on the panel which decides whether to award statements), who categorically told me that if we wanted to send our children to MS schools, then the LA would not consider them for statementing.

I have looked round a few special schools and units and I believe DS's needs will best be met in MS with 1-1 support (probably needs full time support). I want him statemented. Reading between the lines, I think they would statement DS if I sent him to specialist provision, but I've been told that the authority are not statementing any DCs going in to mainstream, although "of course he would still be supported" by this new Pupil Resourse Agreement thing.

Because he is already in the LA flagship special school, they have already started "processing" the children they want to statement and are not putting forward any children for SA who they think will cope in MS. I have arranged a meeting with the aforementioned person for next week to tell them that regardless of the LA policy I want to apply for statutory assessment with a view to sending DS to mainstream, but I really don't feel like I can win with this when they have already decided which children they are going to statement.

Any advice gratefully received.

It's important you do what Agnes says wrt writing a letter to clarify that you heard correctly their bullshit. They will then have to opportunity to tell you that you are mistaken.

This will give you evidence that weakens their case shoukd you ever end up at tribunal.

I remember a big ABA parent/LA Consultant meeting in our authority where they told us they do not award ABA programmes because they are expensive.

When a parent pointed out they cost the same, if not less than their SS place the LA replied that they had already paid for their SS so ABA woukd be an addition.

There is so much wrong with that conclusion it's hard to even know where to start.

Agnes, yes DH has just said there is no way they would put this in writing, but I will ask anyway. I bought a copy of the SENCoP from ebay a few months ago as I had a feeling it might come in useful. Just hope I can read and remember as my mind tends to go blank when I am wound up. Thanks for all your advice - I think I will have to take notes in with me to the meeting.

Bialy, from the things I have heard banded about by SN LA employees over the past few months, you would think the current law had no relevance at all any more. Even the hand out I got last week stated that "if you apply for SA, the LA will write to you letting you know whether they are or are not going ahead". No mention of rights to appeal or what to do if they turn you down.

Starlight, yup will definately follow up meeting with an email/letter. I don't get that conclusion from your authority either. We've been told that there are so few SS places, that basically you are "lucky" if you're offered one, so surely there will always be someone for whom that place is suitable. I am just asking for auxillary help in a MS school, which will cost much less than a place at SS.

Don't ask them to put what they said in writing. You do it, and send it to them to clarify you heard correctly.

COP should be free btw, but perhaps hard copies no longer exist.

Yes, hard copies are very hard to come by and I wanted a hard copy as I have a crappy printer and I don't like reading long documents on-line

I can't add much the great advice posted here already save to say that blanket policies are certainly illegal and the term to use is that the LA is fettering it's own discretion by applying a rigid policy without reference to individual circumstances.

This is a paper by two leading lawyers and has some interesting information in it. It's not precisely the same as your situation but it covers blanket policies.

If you go on the dept for education publications site can't you order the sen cop for free?

I suggest you look specifically at section 316 of the Education Act 1996 which says that a statemented child must be educated in the mainstream unless that is incompatible with the wishes of his parent or the efficient education of other children. Schools and local authorities really have to go some to satisfy a tribunal that putting an SEN child in a mainstream class compromises the efficient education of others, and the simple fact that it might cost the LA a bit more isn't an adequate reason. If you continue to get this nonsense, judicious mention of that section might wake everyone up.

Thank you for those legal tips covering blanket policies, appropriatelyemployed. Any potential ammunition I can use to quote in forthcoming letters is very welcome.

Veritate, thanks for the pointer - I am just starting to plough my way through the Act now!

Our county is doing the same. Mainstream schools are discouraged from applying for a statement unless they think a child needs to be at a special school. Statements are for only special school provision now ect. At rtibunal about it all next month will let you know aht the outcome is.

Its because of the (if the draft paper goes through) Education Health Care Plan and personalised budgets, councils are trying to reduce what their potential outlay might become. I think. Lower number of statements = Lower EHC and PB.

Well parents still have the right of appeal at tribunal.....

It is also denying children statements that set out the provision a child might require.

Yes. I think the take up of PBs will be more in ms where provision is built on than in SS where it is integrated, so LAs way of retaining the control and money is to prevent ms statements.

wassuup, do you mind if I ask what county you are in? (pm me if you want). I am just wondering whether it's the same as mine because we have been fed that exact same crap about the EHC plan and personal budgets. I actually found (on the net) the minutes of an in-house meeting held by our LA regarding SN education from 2 yrs ago stating that they were looking to cut down the amount of money spent on each child with SN / SEN and they were highlighting ways in which this could be done.

Hothead . Hopefully the provision your DS has wont stop as it has already been awarded to him and he obviously needs it. That amount of support is about what DS would need to access mainstream.

It makes me feel sick to think of DS going to the LA run ASD special school. When I went to look round last week, I asked whether any of the children in the school were meeting National Curriculum standards and was told that most children did not come off p scales and they had some yr 6s that had just hit NC level 1. I just know DS can achieve if given the right support.

It is illegal to have a policy not to statement a particular group. Each case must be looked at on its own merits.

Ask the individual in writing to confirm what he said. They wont as they know that what they are saying is illegal. Either that you you, being a poor Mum did not understand the detail of what they said.
Once you have the answer from that then make a parental request for statutory assessment.

Yes refusal to assess can go to Tribunal. I have just been given a date for late Feb so it's taking about 5 months.

Nigel our LA operates banding matrix and fits the childs needs into a certain band - so a child has to be in a certain band for special school and as I said mainstream are told they have enough money unless they think a child needs a special. This banding matrix, criteria and advice to schools is openly availiable. For example i have 15 targets on a IEP for one child who has complex needs in mainstream who the LA have issued a note in lieu for which I am appealing.

5 months?? That is madness! So, DS could well not have a statement in place by the time he starts school then.

Again wassuup, we also have a banding matrix. I am not privy to the criteria, but I have been told that for a child to get a statement that have to be at least a 5B on the matrix. I understand our LA recently upped the level DCs had to be on the matrix before they will issue a statement, so children who were awarded statements last year would probably not all "qualify" for them this year.