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Putting a call out for parents who were told that their child didnt meet the criteria for Statutory Assessment.

47 replies

Ineedmorepatience · 13/12/2013 16:29

What happened and where are you upto now ??

Dd3 has multiple diagnoses and is described as complex in her Ed Psych report.

She has been refused SA and we are meeting with the person in the SEN team at the LA to submit further evidence in the hope that Dd3's case will be taken back to panel.

We are putting an appeal in at the same time.

Have any of you managed to actually get a statement for your child from this point?

I keep being told "She will never get a statement because she doesnt meet the criteria" Surely a blanket criteria is not lawful and doesnt look at each child as an individual?

I need help Confused

OP posts:
bjkmummy · 16/12/2013 00:44

What I have learnt is that the goal posts move. Got told with middle son would never get a statement as academically bright. A year later he had a statement for 32 hours, that broke done and now 2 year from first having a statement hes in an independent asd school. His twin sister who is 4 years behind so according to all I have been told over the years would meet the criteria but oh no she not behind enough, school says it has to be 6 years. Anyway I applied last week for her, expecting a no and expecting a tribunal - means I'm runni g at a tribunal a year - hey no, who wants a new kitchen anyway :-)

Lancelottie · 16/12/2013 11:32

SIX years behind? Like, an entire school-life behind?

Bloody hell.

These blanket criteria are illegal anyway, surely, regardless of how many years they dream up to put in them?

OP, our boy was refused assessment first time round and currently has a 32.5 hours statement for 1-to-1 help, like another on this thread.

bjkmummy · 16/12/2013 12:22

Yep six years! I've read the criteria and its harsh. Firstly as a mum of a dyslexic child have to get her seen and dx according to their protocol. But this is where I hit catch 22 - schools won't refer her to EP as she is not far enough behind and EP won't see her so no dx no statement - very clever! However we meet that criteria as I got her seen privately. So through that hurdle but then school have to put in 32.5 hours of support for 18 months and if still more than 6 years behind you move to the next criteria.

Thankfully we are in an out of county school and my LA have no such policy so keeping everything crossed but not hopeful and now school starting to bleat she's making good progress.

Ineedmorepatience · 16/12/2013 14:14

Oh Gee it is all such hard work!!

I am going to have to dig deep to find the energy for this Xmas Sad

OP posts:
KOKOagainandagain · 16/12/2013 14:46

Received my initial refusal this morning. Par for the course.

We are caught in the middle of another Catch 22 wheeze.

The school decides how to spend its delegated SEN/AEN budget.

The school decides that DC with SEN (SA and SA+) will be provided with out-of-the-classroom, TA delivered, off-the-shelf interventions. Realistically DC can't be out of the classroom for longer than 5 hours a week. Therefore DC on SA and SA+ are entitled to up to 5 hours invention outside the classroom but they are not entitled to support in the classroom. Even written advice from external experts is ignored.

The school decides that DC who are on the G&T register but not on the SEN register and are not underachieving (and so 'should' get level 5 at KS2) have AEN and are entitled to up to 13.5 hours support. Of course, they don't need the interventions they have on offer and so this is taken to mean 1:1 tuition and in-class support. DC on the G&T register are subjectively identified by the school for academic performance, not nationally but in comparison to their classmates. No external advice is necessary.

Ironically, DC on the G&T register meet the new requirement for the first 6K/13.5 hours support expected before requesting top-up/statementing but DC with severe and persistent SEN do not, and under a system that says 'you need a statement to get support in the classroom', never can because DC need support in the classroom to get a statement!

So, if DC are going to achieve and make the school look good, identify them early and give them extra support. If DC have SEN, tough, they are likely to fail anyway so there is no point wasting effort for no reward visible in the league table.

MariaNoMoreLurking · 16/12/2013 20:44

Received my initial refusal this morning. Par for the course Yes but it's sh*t though. So sorry Sad

The school gives 13.5h to dc on the G&T register but not on the SEN register and not underachieving Angry Tbh, if you could be bothered, a disability discrimination claim would surely succeed, as wasting spending all the delegated SEN resources on non-impaired dc would clearly not pass the 'best endeavours' / reasonable adjustments test

StarlightMcKingsThree · 16/12/2013 21:09

So sorry Keep. The thought of what you now face alone is exhausting, and you are at least able to shortcut the 'trust' and 'faith' paths as you already know they are dead-ends.

lougle · 16/12/2013 21:33

Keep, I really can't fathom your school's system. It has to get challenged somehow. I'm so sorry you're facing that.

Ineedmorepatience · 16/12/2013 21:59

Sad keep

OP posts:
nostoppingme · 16/12/2013 23:14

I am a parent who was told I wouldn't get a statement for my child and that there was not a single child with dyslexia at school who had a Statement. It didn't stop me and every step of the way I was blocked by the school; I kept going. I knew I was in my right and never doubted I would get a Statement.

Thankfully, I have my own sharp mind and always follow my intuition.

It took me 15 months from start to finish to get a Statement and Specialist School.

nostoppingme · 16/12/2013 23:15

I'm sorry Keep xx

SparkleSoiree · 16/12/2013 23:18

We requested assesement October 2012 and were refused. Appeal took place July last and we won. Assessment has been completed and decision was to refuse a statement. Have just submitted appeal paperwork to challenge that decision which will probably take a few more months to go through.

DD is and always has been home educated - has ASD and other conditions, like many other parent's children I have met. It seems a large proportion of them have to fight really hard to get any kind of support at all.

Keep going - it's the only advice I have really OP Smile

nostoppingme · 16/12/2013 23:19

I'm so tired though as always thinking what will happen next, in specific next September......

SparkleSoiree · 16/12/2013 23:30

I feel that way too. My whole life is spent either looking after my DD(6), home educating her or communicating with/fighting with/going to appointments/filling in bloody long forms when I'm knackered and I wonder if it will ever end. You can't focus on anything else - well I struggle to anyway..

I think we will always worry about our kids and what will happen at certain stages but if you can find it in you to keep going you will have the inner knowledge that you did your best and won't have any regrets.

bjkmummy · 17/12/2013 08:13

this is my 3rd child that I am now applying for and think I have left the hardest battle to last which doesn't fill me with hope. I am just hitting brick walls at every turn which is frustrating as everyone says she is so far behind. since I applied last week for her statutory assessment I just now keep being told was fabulous progress she is making which is completely at odd what they said a few weeks ago. The refuse her access to an EP, GP wont refer to her to a pead as school need to do it, school don't know how to do it and a week on im no further - know its only a week but with xmas coming nothing will now get done so will be a month before I even get anywhere. I completely now understand why parents just give up because it is absolutely draining.

Ineedmorepatience · 17/12/2013 08:20

Thanks everyone, I will fight for Dd3 as I have always done, as we all do for our fantastic children.
She amazes me everyday, she has so many difficulties and yet she loves life and is up for pretty much anything.

She deserves to feel safe and happy at school and if we need a statement to ensure that her needs are met then I will carry on fighting for it.

Despite feeling sad and knackered.

OP posts:
claw2 · 17/12/2013 08:43

Ds was refused SA twice, both times I appealed. Both times LA backed down. He now has a statement.

Oblomov · 17/12/2013 18:49

School told me he would never get an assessment.
That is because they maintain that he is "Fine".
Unfortunately he is mostly ok at school.
He falls apart at home.

So I agree with Lougle's post:
"Not causing the setting a problem - 'you'll never get a statement'.

I suspect I will never get any support what-so-ever. Let alone a statement.

blueberryicecream · 17/12/2013 22:13

DD was turned down for a statement initially as her academic levels were fine, we went to tribunal and LA backed down before the hearing. She's now in indie residential special school. Her behaviour got more and more challenging the longer she was in mainstream, and tbh that did help our case. I probably ought to feel guilty for all the things she destroyed in the school during meltdowns, but frankly if the LA had paid up for adequate support in the first place then they wouldn't have happened, and it probably saved them money while they were stalling (although they are having to pay out loads for her current placement).

nostoppingme · 18/12/2013 07:06

All I can say is never give up, ever ... Sleep early and look after your health, it's important.

Please keep going.

KOKOagainandagain · 18/12/2013 09:49

Ob - DS1 was practically mute in school and never caused a problem. You will get support. Be confident. He is now at Indi ss as a weekly boarder.

DS2 is a problem in school. That has got him termly visits by SALT, OT and SLCN specialist teacher plus school interventions but no classroom support and a refusal to assess.

There is a belief in LAs that parents apply for SA in order to get access. So DC no longer need to be statemented to get access. Plus schools are supposed to provide 13.5 hours. The logic is that this will reduce demand so that kids who are statemented now do not need an EHCP.

bjkmummy · 20/12/2013 13:33

I had a letter from the LA today acknowledging my request and that I need to respond by 16th jan. they are asking school for a report and the. If they do decide to assess then the EP will be contacted.

Interestingly they have at this early stage included a list of local maintained schools only. Previously you also got a list of the non maintained schools but thought that came later rather than now. It feels like they are already firing up to tell me it's mainstream all the way. Anyone would think that they think I may be a problem parent :-)

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