Request for statutory assessment refused

[2boysnamedR]

Because ds speech is age appropriate Ffs but its a target on sa+ and he was under salt for 4.5 years. The school report was glowing Ffs too - again why the hell is he sa+? I'm waiting to read my private salt report ( in the post). He is due another ot report and he sees the pead in four weeks where I will insist on a diagnosis of his dyspraxia.

Senco tells me there are only so many times I can apply and appeal - is this correct?

The law changes soon too. So there's a chance next year I won't be able to apply again for statutory assessment is that right?

Tell me if I can go to tribunal with no legal team? I feel and such money is spent on private tutors as and when needed.

Also can I keep my intentions of tribunal to myself so only I have the latest speech reports ( not too hard as Surrey only give slt to children with statements from year 1 onwards)

So fed up. Fuckers. Feel like the school have undermined me

I went to tribunal with no legal team - I appealed all parts of e statement do quite a complex appeal. Yes law changes next sept but makes no difference to the fact as a parent you can still apply.

I want to see what the school said in their report. Who do I make the FOI request about what the school has submitted so far to this process? The school or the lea?

The joke in all in this is that my baby is under investigation as his brother has 'developmental coordination disorder' but his brother gets sod all care for a diagnosed disability but the baby has no diagnosis!!!!

Fecking school. They wrote their report in five hours. If this us what I have to do just to get a assessment then he stands zero chance of getting a statement or if he does, that statement to be worth the paper it's printed on.

I am going to carry on and appeal as I said I always would, whatever it takes. But surely the only certain way to stop my child failing is to go private? I could be fighting this for another two years? I have already lost 4.5 years waiting for him 'to catch up'. I half want him to start causing problems in school due to his SPd so I can tell the school 'that's not my problem, it's part of his disability which I can't get diagnosed or assessed so what's a girl to do?'

I really could spit blood. I am mad beyond reason. My child is a worthless piece of shit to his school and the lea and the nhs.

Bastards - am annoyed for you/

The school should keep a copy of all correspondence re your child in your child's school file. When it comes to SENs some school have a separate SEN file - but that's not good practice.

You can ask for a copy of your child's school file. In that should be a copy of what school has written to the LA. If not, then that's something else to beat school up about - poor record keeping. So apply to school in writing requesting to be provided with a copy of his school file within 28? days and state that you will pay the prescroibed costs for any photocopying necessary. (Thinks there's a max charge of £40).

The LA will also have a file which you could apply to see if school's is inadequate.

As far as I know you can apply and appeal as many times as necessary. You'll probably get branded 'vexatious' after a while but sticks and stones....

You don't need a leagl team to go to Tribunal. Refusal to assess is pretty stratight forard and there's lots on the IPSEA site about it.

You don't need to tell school or the LA that you are appealing. You just lodge your appeal and Tribunal contact LA etc. However, sometimes a stiff letter to the LA stating firmly that you refuse to accept their decision not to assess and that, as a result, you will appeal to SENDIST, may make the LA reconsider the decision not to assess. I know a few cases where that has happened.

I expect that overall you'll be fighting for the duration of his school life. Getting a Statement is just the start of it.

Ah your posts have got me in tears now.

I shouldn't be surprised but its the wording in the letter. They are not talking about my child. That does describe my child.

Polter I have three kids and a corporate job and I really don't want to carry on to appeal either. I don't want to be a mum to two disabled kids. I don't, I really really don't. But I have no choice and nothing to loose. Literally he has nothing, so there is nothing at all to loose.

Some times I really understand why some parents just walk out and leave their life. I could pack my bags and take my money out my account and just piss off right now. This life stinks

I went to a SEN workshop earlier this week and apparently only 2 out of 10 people appeal a refusal to assess but 96% of those that do appeal are successful!

It is 15 school days for the school records, more info about requests can be found here

edyourself.org/articles/subjectaccessrequest.php

My DD's school did withold stuff.

I feel a bit better after my cry. Ok so this is how it is so I have to keep telling myself none if this is going to cure ds so largely not worth havering a breakdown over.

Breath....

Ok so the lea have glossed over all evidence and focused on one salt report from last year that said he has six months delayed ( I absolutely refute this - he would be a within his peer year still if he was and not on the decking sen register these idiots are talking poo).

It's just wasting time for me to appeal. I have all the rime in the world (around three lids a job and a marrage!!) will do 30 mins a night. They are loosing time, money etc which is not my problem. Lets take these barsteds a on and see what we get.

He is not doing well, he is not a par with peers. That letter is only fit for using as toilet paper.

I went to a SEN workshop earlier this week and apparently only 2 out of 10 people appeal a refusal to assess but 96% of those that do appeal are successful!

That is appalling! So LAs are using parents reluctance to appeal as a weeding method to stop children getting Statements!

2boysnamedR - I was devastated when my LA refused to SA my DS. It felt like the end of the line for him and I fell into a big black hole of depression - until I took charge of it all and fought to the death for my DS. 18 months after the LA's refusal to SA and two tribunals (one for refusal to asses - conceded before hearing, and the other a full-scale hearing for appeal against the Statement), my son started indie SS entirely funded by the LA. I have just had his first half-term's school report. I could have cried with sheer joy because of what it said. The last 18 months of hell was worth it. He still has a long long way to go, but my son now has a future.

Fight for your child.

{{{2boys}}} (Maybe I should rename myself 2boysnamedO in solidarity)

As you probably know, I'm gathering all my evidence to appeal refusal to amend, at the moment. At this point, I don't feel that we need legal representation, but I've had a private OT assessment for DS1, as we have nothing in writing to support what everyone who works with him already knew and she's been brilliant at sussing out the sort of problems we're likely to come up against and how to deal with them.

I've not found as much on my situation as on refusal to assess, though. I've noticed that it tends to be the "page under construction" part of various websites

Yes,as Towie says, keep fighting. I too was 'fobbed off' when I first requested an assessment so wrote them a letter requesting clarification. Some snippets are as follows:
Please clarify the following points from your refusal to assess letter -

‘It is our view that X is working at National Curriculum levels which would place him outside the criteria for statutory assessment’ – Please supply details of the criteria which you have used in this case. SEN Code of Practice section 7.39 states ‘academic attainment is not in itself sufficient for LEAs to conclude that a statutory assessment is or is not necessary.

‘It appears he is making steady progress at school’ – Please confirm what evidence you have to quantify this statement. X has made little progress in social situations despite a large amount of support from school and input from various professionals. His difficulties are now causing an escalation in the number of unsafe incidents and the only steady progress being made appears to be towards exclusion.

‘He is appropriately supported at School Action Plus’ – Please advise what evidence you have to support this. School is not fully aware of all his educational needs which are complex and need further investigation. These can only be fully identified by a statutory assessment.

‘We felt that he required a more focused IEP to support his social and communication needs’ – every single target on his IEP relates to his social communication difficulties. Please explain how yet more focus to these needs can be made.

‘The school may like to refer back to the Behavior Support Service for advice and support’ – Why have you suggested this when they are already supplying advice to his school? They have been involved with supplying support to X’s schools for the last 4 years. They have suggested numerous interventions and strategies which appear to work for a short while but ultimately end in failure.

I then asked them for confirmation of what they would expect a school should be doing to help a child with his difficulties at SA+ . I said I was happy to meet to discuss this as they had suggested but required the answers to my questions in a written form before I did so. They did not answer my letter but a few days later school informed that they had re-considered their decision and agreed to assess.

Hi Ouryve, I'm also appealing on refusal to amend.They called an early review, then i'm waiting 6 weeks for a panel, then it will probably be refused. again. Im also appealing the statement legally also.
They are counting on parents simply losing the fight. Hey ho, the school also hope you lose the fight and move on also.

Its like walking through mud.
And thats now- I think i need to do a little reading on what's happening re statements next year...

In all fairness, Lesley, the boys' school could hardly be better, as far as mainstream schools go. He's needing more specialised education in a less demanding environment, now.

I've unearhted the case studies i previously didn't find on the IPSEA website, anyhow. There's 3 there that are helpful to me and which should buoy me up for writing my appeal. The one about amending a statement has revealed that the LA have been rather naughty about how they notified me about not amending - not only did they not give me clear reasons over the phone, rather they went straight into all the things they wanted to try, instead, they didn't tell me in their letter. So I actually have no written reasons why they did not amend his statement with their own EP's advice.

I need to go and take it out on the boys' beds.

Thank you everyone. You really are my only form of support. My refusal to assess leter only mention a really old salt report saying he was six months delayed. Ot was ignored, sensory processing issues ignored, physical issues ignored, impulsive behaviours ignored. Lack of ability to learn all ignored. If lea are saying that his school report from end of year is glowing then they ignored him interrupting in class at inappropriate times and focused on his art work which I feel was only mentioned in desperation as the teacher was struggling to say something nice. Kids paint at toddler groups. I though he was there primerly to learn it to paint. It's like saying he has the potential of cucumber but at least he has nice shoes. It's not relavent

On my DS's refusal to assess, the LA gave one of the reasons for refusal being that his school reports stated that he was achieving over 90% when using an online reading-book programme (reading and comprehension quizzes). They ignored the bit where the school clearly wrote "books were at a level for a child 3 years younger then DS and he had 1:1 help from the LSA throughout the quizzes". The LAs logic is amazing - surely with 1:1 support and with books for a child 3 years younger, he should have got 100%!

They also ignored the fact that all the school reports were written in such glowing terms to a) make the school look good and b) give my poor ds a bit of self-confidence with his appalling literacy.

2boysnamedR - the LA really will grasp at any straws to refuse SA. Keep chipping away at getting SA. Less than two years ago I was where you are.

Towiela - I hope close to where you are

My son has a disability, all I want is a written dx from the nhs and a investigation into how his disability impacts on his ability to learn. Four and half years on from realising he was "different" why is that too much to ask from this piss poor country? We have the systems in place but they don't work.

OP, I haven't read even your post as it is vital you understand that even without the disadvantage of the looming law changes, statutory assessments for those with hidden disabilities were very regularly refused simply due to unwritten filtering policies.

'Senco tells me there are only so many times I can apply and appeal - is this correct?'

Rofl. I hope you asked her what the actual figure was, misinformed Minnie!

'Surrey only give slt to children with statements from year 1 onwards.'

Goodness, don't suppose you have that in writing?

Starlight - no I don't those exact words in writing but I have enough pieces of the puzzle to more or less prove I was told this. Hmm - yes and I do have this in writing from the nhs actually. From the head of customer services. But they also say he will be seen by LLS but I have been told over the phone any referral would go back to nhs salt who could do no more than a one off assessment without a statement. That has all gone onto my mp. He phoned the head of my salt dept. the salt manager phoned me and said she would phone LLS. School say this never happened. Plus I have to sign for LLS - never happened. LLS can not provide any speech therapy. I have been told that and now so has my mp. I have lied to by someone however you look at it. Told my mp that too. Why say LLS can help with speech if that's not Surrey policy? It's bonkers. They presume parents are either thick or take these tripe at face value whic again I pointed out to my mp who so far has been very good

Ok I have outed myself to anyone who knows me but I don't care. This is all fact

Starlight - no I don't those exact words in writing but I have enough pieces of the puzzle to more or less prove I was told this. Hmm - yes and I do have this in writing from the nhs actually. From the head of customer services. But they also say he will be seen by LLS but I have been told over the phone any referral would go back to nhs salt who could do no more than a one off assessment without a statement. That has all gone onto my mp. He phoned the head of my salt dept. the salt manager phoned me and said she would phone LLS. School say this never happened. Plus I have to sign for LLS - never happened. LLS can not provide any speech therapy. I have been told that and now so has my mp. I have lied to by someone however you look at it. Told my mp that too. Why say LLS can help with speech if that's not Surrey policy? It's bonkers. They presume parents are either thick or take these tripe at face value whic again I pointed out to my mp who so far has been very good

Ok I have outed myself to anyone who knows me but I don't care. This is all fact

Oops x post.

If people tell this tripe then I have to believe this and it's ok to share with the rest of the uk as Surrey policy. If Surrey lea do not like that then it should never have been said to me regardless who by. Like my hv telling me she could help me id ds had Down's syndrome. Disgusting but it was what I was told so its either policy or lies.

nhs salt who could do no more than a one off assessment without a statement

Well this is plainly untrue, since the difference between SA and SA+, as it currently stands, is the involvement of interventions such as SALT, OT etc.