Emergency statement review?

[claw2]

I had a meeting with school yesterday and they have said that it is totally unacceptable that ds is self harming, not eating in school and has extremely low self esteem and that he cannot continue like this.

They would like to facilitate counselling and OT input. Ds's statement was issued in July 2013 and AR is in April. School are saying ds cannot wait this long.

Ds attends indi school and counselling and OT input are not included in the price, it will cost extra.

School have said they will get back to me as to how they are planning to do this.

Is an emergency review of ds's statement, the only way?

Hi
You can investigate this yourself through your own GP for a CAMHS and OT referral (if appropriate). This may result in assessments and advice that do not affect school provision. It certainly does not need a statement review at this stage. One can't help thinking that the school are using the review to get additional needs identified and financed.
If any additional needs are identified, you can discuss it with the school/LA about the best way to get this is place.

Claw...this hasn't changed, has it? He was always like this wasn't he?

Of course it's unacceptable, but it is how things have been for at least a year or two, so why on earth wasn't it in his statement?

I can't see how it isn't going to need a statement review, Boostie - Claw's DS has a history of CAMHS involvement and needs, so this is not a case of 'let's see what's going on' it's more of 'oh look, he's still got the needs that you've been trying to ignore that were apparent before this placement.'

Ah, sorry Lougle - I had no idea - in that case, Claw.. what has been done about it?

Yes Lougle he has always been like this since he started school 4 years ago.

In a nutshell, no up to date assessments, LA attempted EP assessment as part of SA, ds got too distressed and had to stop.

I accepted crap statement, due to no up to date assessments as they agreed to name indi school of my choice, with the proviso that they review in 6 months. 6 month review is due in April, school are saying that's too long, its unacceptable etc. He needs therapy and OT etc.

What would you like to happen?

For ds to have a statement which not only reflects his needs, but addresses them too!

Ds needs counselling and OT and I would like to be able to take the shortest possible route to achieve this.

Well that's tricky, claw.

I don't think counselling can be viewed as an educational need. So I wouldn't be surprised not to see that in a statement. However, he needs appropriate support so that the counselling can deal with what has traumatised him before, without having to address what is happening now, IYSWIM.

OT is definitely an educational need.

Are the school suggesting that they didn't know that this is how DS was? Surely your Parental Advice made it clear that this is how DS was?

In my view this has to sit somewhere, if not in education, then the LA has a duty to make sure that all is in place to enable DS to access the curriculum. They can ask for advice from CAMHS, EP or anyone else but they must address the needs. It is not sufficient to say this is a health need etc.

School have flagged an issue, I would let them run with it at a review - it is for the LA to respond if they want it done differently. You can then appeal if they refuse.

You may well be right, Boostie..I'm not sure.

Is there something I'm missing? What do CAMHS say?

CAMHS are involved, in an 'advisory' role. Ds had extensive therapy from them for 2 years which stopped in 2011. About 6 months later, he was referred for an emergency mental health assessment in A&E. Then CAMHS signed ds off from school in January this year. He started at new indi school in September. CAMHS are supposed to be part of a 'reintegration programme' but they are doing nothing.

Ds's self harming has increased, he cannot eat in school, he is crying in school every day and is extremely low etc.

I asked CAMHS if they could offer therapy a few weeks ago, they declined, due to the extensive therapy already provided and it might make ds feel 'different'! Ds's class teacher really tore into them at the meeting yesterday about it being unacceptable to just leave ds self harming, not eating etc, etc.

CAMHS were keener on the idea of in house therapy, when suggested by school (I know, ds either needs therapy or he doesn't, regardless of who supplies it!) so CAMHS are passing the buck.

Ds is regressing rapidly, school have seen the self harming, the distress and are really shocked by it etc. They are saying he needs help now and I agree.

Therapy and OT cost extra. Therapy and OT are not already included in statement.

School are saying they will think of a way to facilitate it. I want to know, if there are any other options apart from emergency review to get the funding.

It depends on whether the LA will play ball and how much you trust them.

If they'll play ball, then they don't need to review the statement, they just provide the extra funding to allow the therapies. The risk there is that they can withdraw it at any time and you'd have to fight each and every time he deteriorated.

If they won't play ball it will be a case of one of two things:

1. Statement review - get it written in to the statement.

1. The LA may say it's not purely educational then they may decide that they need a joint funding agreement with health.

This can be a game of sums. Where would be the BEST place for him? Specialist therapeutic provision at a cost of £150k upwards? They do exist and it looks like DS may be a candidate.

If you can identify a placement that would be suitable then the LA would be more likely to look at alternatives via the school or elswhere at a lower cost.

Thanks Lougle so emergency review is the best option? (apologises if im coming across as a bit naïve! its ds's first ever statement and im still learning!)

I don't trust the LA one bit and cannot see them agreeing to extra funding, however they did surprise me and name indi school without any fight whatsoever.

What is his Paed saying?

Thanks Boostie, I see your point. I will wait to see what school are suggesting. I just need CAMHS to agree that ds does need therapy, which they are more likely to do, if they think they don't have to supply it.

At the moment they are going for it might make feel 'different' and being 'in house' and part of the school day, with other children accessing it in school would be better.

They are also saying that there is probably a sensory element involved in his self harming, then fence sitting and saying 'they cant say if he will benefit from OT input'. Again, suggesting, but not committing, in case they have to provide.

Ds doesn't have a paed anymore, he was discharged after dx.

Claw, the only way to get changes to the statement is through a review. Your right of appeal following ensures you have a route forward if they are not doing what they should. This is a surer route than anything else.

Is there a reason why you wouldn't want a review?

No Boostie, sorry I haven't made this very clear!

I have no problem with review, in fact id welcome it. However I am fully expecting LA to drag their heels as much as possible, refuse, tribunal, maybe back down just before as usual and I was wondering if this was the only option.

I was hoping for funding now, then review in April written into statement. But as Lougle pointed out, I might just cut off my nose to spite my face!

Lougle If LA did provide funding now with the risk of withdrawing at any time. Could the same not be said of AR anyhow? They can try and withdraw at AR even if it is written into statement?

Once they have agreed to it (with or without it written into statement) wouldnt it be much harder to take away?

It does not look good on a LA to drag heels when a child is regressing. I don't know what your relationship is like with them, but make sure they know how much he is going down hill. What are they going to do about it if they won't hold a review?

If they don't respond promptly, complain to the Chief exec. It is not acceptable to allow the situation to continue.

Exactly Boostie, which is why they back down just before Tribunal, as they know this! However in the meantime, they have save £££££'s in the time taken by the whole lodging appeals etc process.

The LA are not even aware of the situation yet. School will be getting back to me on Monday and I thought I needed to be aware of the options and pitfalls before then.

Fingers crossed it will be a piece of cake and LA will agree to fund and review and amend statement!

Of course they can, Claw. The difference is that if they put it in place as part of Statement review, then you get the right to appeal. Similarly, if they withdraw it as part of a statement review, you get the right to appeal. If they just put it in place informally, you have no right to appeal.

Thanks Lougle, of course.

Thanks guys, really helpful and given me food for thought. If they do offer now, maybe I could attach a proviso that the early review in April still takes place?

It absolutely should take place, because any informal measure is just that - informal.