Section 332?

[MerryCouthyMows]

I have been told that I need to talk to the Paed about getting him to fill in a section 332 form that starts the statementing process for a child that is not yet at preschool.

In the Paed report that I got when DS3 was 21mo, it did have this as one if the 'actions' he was going to carry out, but at the time I had no clue what it meant.

Now fast forward 3 months. EVERY preschool and Nursery in my town has refused to take DS3. Even the SN preschool.

His needs are fairly complex.

He was dxd 'hyperactive with a high probability of ADHD' at 21mo by the developmental Paed (who wrote the above report).

He is being assessed in May for Autism.

He has over a year's worth of speech and receptive language delay, and communicates with a combination of Makaton, single words (mostly unclear to anyone but me), and gestures, and we are just about to add some PECS too, on the advice of his SALT.

He has Hypermobility syndrome too.

We are awaiting the results of Microarray chromosomal testing, as the developmental Paed believes he may have a chromosomal disorder. Or two. Based on family history, appearance, current diagnoses, and the fact that 2/3 of my older DC's have very similar issues.

On top of that, he also has multiple life threatening allergies. And it seems to be these that are complicating things the most.

He is anaphylactic to dairy, tree nuts, peanuts, chickpeas, lentils, pineapple, kiwi and papaya, and he also has allergies to soy, strawberries and raspberries.

It's the dairy allergy which is his most severe, and it is also the one causing the biggest problems.

MS preschools and Nurseries are refusing to take him because he even goes into anaphylaxis from secondary contact, and they all claim that they are unable to clean the DC's as they come in, and they aren't able to clean them before they leave the table at snack time for the toilet.

If a single drop of milk or crumb of cheese or chocolate touches his skin, he goes into anaphylaxis. If another child has yoghurt on their hands, even a drop, and they touch, say, the toilet door handle, and then DS3 touches it afterwards, DS3 goes into anaphylaxis.

ALL the Nurseries have said that while they will happily go nut free, they will not go dairy free.

The SN Nursery admitted defeat when DS3 tried to grab a bag...which was for a tube fed toddler's milk, and had a tube of milk leading from it. They said that the risk is too great even for them.

The SN Nursery leader told me that the ONLY way to get him into ANY preschool or Nursery would be to have him statemented with a full-time 1-2-1, who can clean the other DC's, and be there to keep him safe. She told me I need to go back to the Paed and get him to fill in a section 332.

What are the chances of getting 1-2-1 on medical grounds? And what exactly IS a section 332, and whey does it do?

I've only dealt with SN's and the education system once a child was already at Nursery or preschool in the past, but the health risk to DS3 is so great that I CAN'T start him anywhere without the appropriate procedures and safeguards being put into place FIRST.

I'm a little lost. And I don't want his Autism and ADHD and SALT and physical needs to get buried by his allergies - they are important too!!

Heeeeelp, oh wise SNMN'ers!

Section 332 Education Act 1996 -

(1) This section applies where a Health Authority, a Primary Care Trust or a National Health Service trust, in the course of exercising any of their functions in relation to a child who is under compulsory school age, form the opinion that he has (or probably has) special educational needs.
(2) The Authority or trust?
(a) shall inform the child?s parent of their opinion and of their duty under paragraph (b), and
(b) after giving the parent an opportunity to discuss that opinion with an officer of the Authority or trust, shall bring it to the attention of the appropriate local education authority.
(3) If the Authority or trust are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.

But if I were you I wouldn't wait for the paediatrician to do this, I would just enter your own request for statutory assessment. There's guidance on how to do it on the IPSEA website.

Urgh. I've tried that one for my older DC's, many many times in 12 years, got nowhere - I live in Essex. And they had just as severe (if not more in my DS2's case) SN's, except without the allergies. Though DD and DS2 had other, different medical needs...

Would it be worth contacting the Paed and asking him to get a wiggle on with this section 332, as it was put in the report 3 months ago? He also mentioned in the appointment something about an EP. So it does seem like he can see the issues tbh. Maybe it might be worth a try before I try to kill myself going for Stat assessment?

Especially as I may have to be compiling an appeal on medical grounds for my DS1 (? Aspergers bloody is but try getting a dx...) for Secondary transfer to GS. At the same time.

At the same time as doing DD's Stat assessment as she is ever approaching post 16 (also HFA), still on SA+, likely to flunk all GCSE's due to SN's.

And oh yes, don't forget I am about to start fighting for DS2 to be reinstated on SA+ as he now has a dx of kyphosis and an orthopaedic consultant and Orthotist. (Also ASD, plus other issues).

Can I go and wibble in a corner?!

I would do this:

If you haven't already, write to each seeing you have approached, formally asking them to admit your DS and asking for written reasons of refusal.

Send that, plus any reports, to the LA with request for SA.

All the settings are saying his needs are beyond their resources.

If refused, go to tribunal -can't see how you can lose.

Lots of the preschools are extremely reluctant to put it in writing, I have found. (I have asked each one as they have refused...)

So far, only the SN Nursery has agreed to put it in writing.

The rest of them have stated verbally that they "Don't think this is the right placement for your DS3" "We can't wipe every child as they come in, some parents will refuse" "We can't guarantee your DS3 will be safe here" "We don't have the staff to keep him safe"...

But they won't chuffing put it in writing.

Though I have had verbally, from a very surprising source, an admission that even a MS primary school would be unable to keep him safe without FT, 30 hrs a week 1-2-1 : the bastard HT from my older DS's primary. I guess I could ask for that in writing, but I doubt it would be forthcoming tbh, knowing that school as well as I do.

(No way will DS3 be going there, we are just enduring the last 6 months for DS1, and the last 2.5yrs for DS2, as no other schools have spaces in DS2's year as this is the school with the bulge class and our area is short of an entire primary school!)

It's the inability to tie them down and get it in writing that's frustrating me!

I (a mere mum) would have thought the fact that a special needs nursery with its additional resources) have refused placement after a trial run, (in writing) would be enough evidence that your son needs a statement to support any placement!

Did your paediatrician refer you to Professor SuperDuper's National Allergy Clinic in the end? No reason that Prof SD can't request it.

Think that the allergies might be a heaven-sent opportunity for tribunal to award his 15h of 1-1 as in-home or childminder-based provision though. Which means you can pick and choose, including ABA .

No, no, no....you don't ask them to admit it in writing.

You ask them to admit him to their care, then when they refuse you write to them asking for reasons of refusal. Then, if they refuse that, you go to the LA SEN Officer, or the Inclusion Officer, saying 'I'm finding it very difficult to get my DS into a preschool, can you assist .'

That will do one of two things:

-alert the SEN Officer that there is a problem.
-cause some very difficult discussions with preschools, who then either have to decide that it's all fine after all (and put in the support) or get a back bone and tell the LA why they won't take him.

Not had the referral to the 'super duper' allergy specialist yet - I haven't seen my local allergist again yet, and my GP is basically arguing with me because he wants to send us to Addenbrooke's specialist allergy clinic as he used to work there (ignoring the fact that by public transport it is nigh on impossible to reach from Essex, would probably require an overnight stay which I a) can't afford and b) can't get childcare for my other SN DC's for)

I want a referral to the Evelina's allergy clinic, because it's far easier for me to access by public transport. God knows why the GP is having such an issue with it, it's meant to be choose and book.

He accepts that DS3 needs the referral, but won't write it until I agree for the referral to be to Addenbrookes rather than the Evelina!

Lougle - I will give it a go, but very few of them will say outright that they CAN'T take him, but they beat around the bush saying things like "we can't keep him safe" or "we don't think this is the most appropriate placement for him".

So how can I get them to state their reasons?

Sounds like such a difficult time OP and your ds does have such complex needs. I think you should definately speak to the early yrs SN team or inclusion officer and ask if they can help. Regardless of a statement or not your son could still be SA+ at nursery and there should be funding for some 1-2-1 although it may not be the full hours.

There are a couple that haven't said they can't take him, but have said that they can't do X, Y & Z to keep him safe. In which case, if I leave him there, he WILL react, go into anaphylaxis.

So I am the one making the decision there that they are not safe environments for him.

It's not that they ALL won't take him, but NONE of them can do the things he needs to keep him safe.

Some have definitely said they can't take him (all the Private Nurseries that do the funded sessions, two preschools and the SN Nursery), I can write to those, but what about the ones that haven't said they WON'T take him, but HAVE said they can't do the things he needs to keep him safe.

Where would I stand with the LA?

I'm NOT prepared to send him into a situation that has KNOWN risks of anaphylaxis without support and certain measures in place FIRST. This isn't something that can be 'trialled' when it is a life or death situation.

I HAVE found one Nursery that has experience of dealing with complex needs that include severe anaphylaxis to dairy (it's the dairy that complicates everything because they will all go nut free, or pineapple free, but not one will go dairy free even though his dairy allergy is more severe than most people's nut allergies!).

It's an SN unit attached to a MS primary, right over the other side of the town, that deals with DC's with SALT issues, ASD, ADHD, physical disabilities and some of these pupils have severe allergies, dairy included.

It was suggested to me as SN option for Nursery by one of my friends - who happens to be an LSA at the school.

I didn't know they took Nursery age, apparently they only started a year or two ago (so well after I was looking for my older DC's). They take 4/8 x 3yo's each year. If I start the statementing process now, with DS3 only just being 2yo, I might have a chance of one of the places if I name the school?

I'm going to be contacting the Paed tomorrow, to ask the Section 332 form to be expedited, I think. If he has put it in writing that he is going to carry out that action, I can hold him to it. That much I DO know.

So, onwards and upwards.

Merry, ask the preschools in writing, then you have to get a written response of sorts!

Sorry, just catching up. Wot Lougle said.

Merry, write to them saying that you are considering sending him and please coukd they explain how they woukd meet his needs once there.