Decision not to assess - Essex, are the reasons they give total bull...?

[babiki]

Ds almost 3, I used the paragraph of complex and severe needs, he has significant GDD. Reasons they state why not to assess: The reason for this is that we would like an Educational Psychologist to carry out an initial assessment in order to determine how best to meet Michael's needs within the preschool setting. This can take the form of a preschool Premimum which the setting can use to provide resources, adult support etc, depending on Michael's needs, an Individual Education Plan which identifies his needs with targets and strategies included or input from other agencies. The Educational psychologist will be in touch with you in the near future to discuss Michael and will also make contact with the preschool settings.
IEP for child who is developmentally at 18 months..yes, that would be really helpful :((

Lougle Sa plus is not legal document which quantifies provision and the 1-1 hours on it are limited, it's not good enough! Preschool agrees luckily.

Another vote here for appealing straight away. There is nothing to stop the EP seeing him in the meantime anyway and if they can offer provision then go ahead and take what you can get. The appeal process takes long enough as it is, then all being well they have to assess and decide whether to issue a statement or not (appeal may also be required here) and then there is the whole question of the content of any statement too (that might also need an appeal to get sorted). It took us 14 months to get a statement issued for DD and even now we are waiting on an appeal over the content that will probably take it to close to 2 years from the first request until we get suitable provision fully in place.

A statutory assessment does not mean you will get a statement, it means that proper observations and reports will be done to find out if a statement is needed or not.

LAs are trying to add a pre assessment process to the statutory assessment, so in effect 2 assessments. The law does not provide for this.

If they do not know the extent of need, they should do the SA - it is just a fact finding process. the reason they want a non statutory assessment is because then there is no right of appeal / you cannot ask again for another 6 months. Its not in the child's interests to be denied the protection of a statutory assessment

You only have to show that a child MIGHT need a statement to get a SA. Not knowing enough about the child is a very good reason to do one so you can get the evidence to find out if you do or don't need a statement

They can do a SA and then decide that actually the support at EAP is fine. There is no harm in that so parents should not be put off.

If they need an EP to tell them the provision is enough then they need more info so they should do that under the statutory rules, not outside them. For a young child you only need one overarching report e.g. a EP so it does not have to cost any more to do it formally rather than informally.

Dev then your argument is that the 'provision' is actually a 'prison'. I'd agree. However, I wouldn't agree that a ratio of 5:3 (if the staff are well trained) is insufficient in itself, which is why I asked for extra detail. DD1 is in a class of 10 with 4 staff. But they are 4 very experienced, well trained staff.

babiki - having been there, and now seeing DD1 at special school, I would be asking that the focus wasn't on how many hours 1:1 DD1 gets, but rather that the focus is on making the setting accessible to her so that she needed less 1:1. I appreciate though, that I have the benefit of hindsight. She goes to special school now, and has a ratio of 10:4 - it's done her wonders. But the setting is right for her. The site is secure, etc.

Thank you beautifulgirls and Agnes, good point about 'might' need a statement... From my understanding educational psychologist should do a more thorough assessment if part of the statement process so think will give appeal a go.

Lougle yes, I can understand that for later on, but no most important is his safety- he just cannot be left alone for a minute. Not even hoping for OT or Physio, they are completely useless where I am unfortunately.

Thanks Lougle, 'prison' is exactly the word for it, although I didn't think of it in those terms. If they had provided exactly the same support in the MS nursery, I would have been very happy to send him there, because they had the right attitude and communication systems in place. I never had a problem with the staffing ratio as ds is very quiet and wouldn't hurt a fly.(touches wood). Doesn't matter for now, but will probably end up back at the same place a year down the line.
Anyway, enough of a hijack OP, back to you.

Lougle, I think the point is that without a statement there is no guarantee that the child will actually get the support, and no way of enforcing it if she doesn't. The Code of Practice refers to the resources normally available within a mainstream school, and I wonder whether it can be said that Premium funding is a "normal" resource within a mainstream school. It also refers to the need to pay attention to cases where the evidence shows that progress is only being made as a result of additional work not usually commensurate with SA+.

babiki, just read the thread - all the best to your DS & you

Veritate, I know that, and I don't disagree. However, I do think that it is not necessarily the case that a preschooler needs a Statement if they have GDD, even with safety concerns. My DD is now in Special School, and had 1:1 for her own safety (and that of others) at preschool, without a Statement. The OP is of course able to appeal, and should do if they feel that it is essential at this stage, and that premium funding will not help.

Well I have a meeting with solicitor next week and will see what they say. Another reason which I can't really say to LEA is that without statement ds would have to go to local primary where he would never survive- 45 children this year in reception and big issues regarding bullying and behaviour. I fully expect we will appeal almost at every stage anyway, our LEA is well known for unquantified etc statements. Marchduck how are you?? You know after the first successful session ds didn't cope at all, and I had to start going in with him- this week however he managed 40 minutes sessions without me and happy so hopefully the worst is over... Maybe by February or so he will do normal sessions ;))

Oh, please don't get me wrong -I'd never advocate starting school without a Statement in place!!

I was just saying that I didn't think that appeal was necessarily the best route at this stage, given that you have time yet.

hi babiki, that's great that it's been easier for your DS (I love his name btw) this week. It such a big change for them though, isn't it. DD definitely likes pre-school and she is happy to be there. The lovely staff have told me that she does sometimes interact appropriately; but at other times, she completely blocks herself off from everyone else. I know what they mean; it's like a veil comes down and she looks through it when she wants, but I can't see in easily. EP is due to see her shortly too.
Good luck for your appointment with sols next week, will be thinking of you.

Babiki, are you coming up to half term?

The younger kids can be absolutely exhausted by this point.

Starkight he only went for full session once and only goes twice a week, so tiredness shouldn't be an issue..