Refusal to assess, don,t know what to do.

[Theycallmestacy]

Ds is 9 and in y4 MS. Dx is ASD with usual comorbids.

He is on SA+ and has 25 hrs support awarded last autumn at LEA Panel.

Decided to apply because, his support could in theory be taken away but the main reason was thinking of HS.

In our borough there is only ms HS with ASD unit attached. A statement isn't needed to get a place officially however there are only four places per year group. I only know of two kids who attend and both have it named on there statement.

They have turned him down and the reason given is that school can meet his needs on SA+ with the 25 hrs support they have already.

I know of four other parents who have applied for SA and got it within the last few months. The main difference is that their children were getting 0-15 hrs support, and have had exclusions due to lashing out.

PP told me not to bother applying as he was getting all the help he would get already without a statement. Really don't know what to do.

In many LA's they now refuse as a normal procedure - my ds was also refused. Some LA's worse than others...

I would appeal: your argument is valid, his support is not legally binding. You can check out Ipsea pack for appeal or if you are on low income you can get legal aid and solicitor.

Don't give up and don't take it personally - there are many if us in similar situation.

And PP are not independent - don't forget they are paid by LA and are probably mates with the same people who refused the assesment!

SOS!SEN have also got advice phone line and are easier to get through than Ipsea.

Good luck!

Use IPSEA's website for more information on refusal to assess and lodge your appeal against the LEAs crass decision asap.

SA plus is not legally binding, a statement is. Your son's educational rights need proper legal protection.

www.ipsea.org.uk is the website.

SOSSEN is also useful to contact.

Also arm yourself with a copy of the SEN Code of Practice which is available online.

Many PPs are neither fully independent or infact impartial and many work in close proximity to their employers the LEA. They can and do tow the party line and they've already tried to fob you off.

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

Worth also looking at what other help you think he needs too - for example some time with a specialist autism teacher, SALT and/or OT input might be worth arguing for. I would take this to tribunal - quite possible the LA will backtrack when you issue tribunal paperwork.

Have spoke to IPSEA and they are giving me a case worker who will contact me in the next few weeks. The lady I spoke to recommended that I focus on the quality of interventions he is currently getting rather than the quantity as he already gets 25 hrs.

I have a meeting with the Headteacher tomorrow, I am trying to think of some questions but whenever I am in this kind of situation my brain freezes.

I am scared in case they make me go all the way to Tribunal.

"The Education Act 1996 says that local authorities must identify and make a statutory assessment of those children in their areas who have special educational needs and who probably need a statement.

This means you will need to convince the Tribunal that a statutory assessment is necessary to provide the right help for your child.Generally there are three ways of establishing this. By saying that:

1 a full assessment is the only way to find out what your child?s difficulties are and what help your child needs;

2 the school could not give all the educational help your child needs unless it receives extra help from the LA;

3 the school has given your child all the help that could be expected but he or she has not made enough progress"