Statement or not?

[penny100]

Hi, my 8yo DS was recently diagnosed with Asperger's. Still very much at the stage where we feel like we're stumbling ineptly through all the new information we need to take in on so many different fronts. I met with DS's SENCO and I asked if we should be thinking about applying for a statement as I know the process takes ages. She said no, that although he was underperforming (he is not meeting expected levels in most if not all areas), he is not behind enough to warrant a statement. I just wondered what other parents' experience of this has been? Are schools sometimes reluctant to apply for statements even when they should? Is there a politics about funding around this issue that I'm still unaware of that might deter a school from applying for a statement? She might well be right - I like her and she seems great and genuine but I'm a newbie to all this and feel vulnerable because I don't feel informed enough. Would really, really appreciate any thoughts on this....
Thanks

You will get differing views on this on here, and some very strongly held opinions. IME, there is no reason why a school wouldn't apply for a Statement if a child needed one - after all, it helps them with their funding (not just directly, there are all sorts of data collecting forms that ask the school how many children have Statements), and, again, IME, teachers actually want the best for their pupils, er, simply because that is best for them!
Of course, that said, I'm sure there are exceptions, and of course it is also possible that she is genuine in her belief, but her judgement may not be 100%.
Different LAs are different too (I've found on MN)both in their willingness to issue a Statement and in the funding of it once it has been agreed.
One reason (in my LA at least) to have a Statement is that it gives you a wider (priority) choice of secondary schools, which is a massively important thing, but, without knowing your ds of course, it's impossible for any of us to know if he needs one or not.

Sorry - no clear answer here.

Thanks BackforGood. I think you're prob right about teachers wanting what's best - i do feel that with his class teacher and his SENCO - they both seem amazing and motivated people. I think i just don't know the system so feel out of my depth. I was told they had funding for only 2 Ed Psych referrals a term and got to wondering t if there were any reasons why they might not want to start a statementing process, for similar reasons, i.e to do with either resources or funding but it sounds like that's not the case. Thanks - that's reassuring!!

Are you in Essex? Because a statement SHOULDN'T be purely based on 'how far behind' a child is academically alone...

But in Essex, they illegally set BASE levels for 'how far behind academically a child has to be in literacy alone' (not even Maths!!), BEFORE they will agree to even assess for a statement.

They have been legally challenged on this on numerous occasions. Essex LA lost. They ARE acting illegally if they refuse to assess, as they aren't following the SenCOP*.

** Special Educational Needs Code Of Practice.

If your LA (Essex or otherwise) refuse to assess for a statement of educational needs based purely on the fact that your DC is not 'behind enough academically', then THEY ARE ACTING ILLEGALLY. All you have to do is appeal, and then they will either have to assess your DS to SEE if he requires a statement, or they will have to put in writing that they are refusing to assess and you can take it to tribunal.

Statements can be given even for children that are AHEAD academically.

They can be given purely on the basis of Medical needs, or Behavioral Issues, or Social Skills deficits.

Now what I need to do is take my own advice...

BackforGood.

One reason why a school may not apply for a statement?

Because on a lot of areas (possibly all now, I don't know, my area was one of the first in the country to adopt this), Money to help a child that is given through a statement is RINGFENCED for that child, ONLY to be used on that child.

Money that is given to a school to help a child on SA or SA+ is NOT ringfenced. And can be spent on ANYTHING, as long as that child on SA or SA+ receives ANY benefit from it. Like sail shades for the playground. Can be argued that the child on SA or SA+ gets the benefit of the shade from the sail shades.

(Just one example from my DC's primary school - through FOI requests, I discovered that the SA & SA+ budget was EXACTLY correspondent to the costs of the sail shades that were bought for the playground.)

Why did I make that request? Because my DD was a pupil there on SA+, the school refused to help me get her statemented (no support with even filling in the forms), lied to me about her levels from Y2 until Y6 SATS, and gave her NO support WHATSOEVER despite her being on SA+ for her whole time at the school.

She made NO progress from Y2-Y6 (her entire time at that school), left Y6 WORKING ON P-SCALES STILL, yet they wouldn't help with a statement because they would lose that money from their ultimate budget that wasn't ringfenced.

It's called a DEVOLVED SEN BUDGET.

And it is SHIT for DC's making no progress on SA or SA+ if the school then actively obstructs you from getting a statement because it will affect their budget to spend on tarting up the school to attract a more MC intake...

LA refused to assess until DD had seen LA EP. Only person that can put a child forward to see LA EP in Essex? School SenCo. School SenCo refuses to put your DC forward to see LA EP. No chance of assessment. All to protect their devolved SEN budget that can be spent on anything...

Only funding from a Statement is ringfenced. Hence quite a few schools being so obstructive when it comes to Statementing now.

Much better for their budget to have 40 DC's on SA & SA+ than to have 20 with Statements and 20 on SA & SA+...

Another year the SA & SA+ devolved budget made up the shortfall when the school needed to build an extra classroom for a bulge class rather than using the hall (no space for demountables).

Still no TA's or classroom support for DC's on SA & SA+.

School's argument? The DC's on SA & SA+ were getting the benefit of still being able to use the hall for assemblies & PE lessons which they wouldn't with a class being taught in there...

Another year, the library was done up.

School's argument? The pupils on SA & SA+ were getting the benefit of an increased choice on library books, and a more pleasant environment to read them in.

Which is worth shit all if that child still cannot fecking READ, is it?!

"She said no, that although he was underperforming (he is not meeting expected levels in most if not all areas), he is not behind enough to warrant a statement. I just wondered what other parents' experience of this has been? Are schools sometimes reluctant to apply for statements even when they should?"

SENCO fed you a line here and lied to you by quoting blanket policy which in itself is not allowed. Its not down to her whether your child has a statement or not and I know of a couple of schools in this area who will not apply for a statement becuase of both their academy status and the fact they do not want the work!.

You'd be far better off applying for a statement yourself and asap particularly as secondary school is not far away in the great scheme of things.

IPSEA's website is good www.ipsea.org.uk and arm yourself also with the SEN COP (SEN Code of Practice) available online. The more knowledge you yourself have, the better because knowledge is power!!!.

You are also your child's best - and only - advocate here.

Thanks MerryCouthyMows and Attila. I think this is very useful. I'm conscious that much as i want to accept things at face value coz I'm so overwhelmed at the moment, I should press more about the statement issue. DS has not been meeting expected levels since Yr1 (now in Yr4). I really don't want him to languish in the category of kids who aren't 'behind' enough to merit extra help, but never getting the chance to see how well he might do if he had extra support. God i feel exhausted just thinking about it all. But thanks so much for your comments- it really helps.