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statementing help needed - my brain has froze!

13 replies

bjkmummy · 08/01/2014 09:24

i know that I should know what I am doing after all have 2 boys with state,ements and also been through tribunal but my mind is completely blank!

I put in a parental request for a statement for my daughter who is 10 and has severe dyslexia. she is 3 - 4 years behind academically. we are paying or an hours tution a week.

she has no real history - through the years schools (weve moved a bit a dh was in the RAF) have mentioned difficulties but no one outright said there is a problem and we are going to xy and z to sort it. she changed schools a year ago, they put in loads of stuff but wrote that it hadn't helped her, they then backtracked calling in EP and we ended up getting her seen privately by dyslexia action. she was dx in oct. since then school have given her a rubbish IEP still refuse to call in EP and refuse to help her as their LA say she has to be 6 years behind.

so put in my parental request - srnt the dyslexia action report plus the report school did stating that all their intervention had not helped plus copy of said rubbish IEP. My LA (shes out of county) have replied and got the usual standard letter asking if I have any more further information to let them have it by 16th jan or if ive got any more to add. they have requested a report from school.

I know I should write something as I have now found most of her school reports and can track her lack of progress over the last few years, her dyslexia teacher will also write something if I ask her but not sure at this stage if I need to go overboard with this or just wait - im expecting a no even though she is so far behind as I expect they willa rgue that school to do more but she has severe dyslexia and a shocking short term/working memory. currently trying to get a referral for dyspraxia but school and GP seem to be blocking that plus she has poor handwriting/pen grip.

so after you sent of your parental request did you then submit more before the LA /panel make their decision whether to assess or not? just worried if I don't give more info they will say no and what do I write? I have definitely got writed block - I need them to have it by 16/1 or sooner if possible

OP posts:
wetaugust · 08/01/2014 20:33

You need to send off sufficient evidence with your original request for an assessment for the LA to think there may be a need to assess.

Once the LA has acknowledged your original request they can either - refuse to assess, in which case your only route is to appeal to SENDIST or the LA agrees to assess.

If they agree to assess they will ask you to provide your views (parental advice) and any other evidence you may have and they will also ask you if there are any people/agencies involved with the child that you want the LA to contact for further advice.

bjkmummy · 08/01/2014 21:46

well I have sent the dyslexia report which shows how far behind she is and a school report and the IEP. its just the letter I have mentions that I can send in further information before 16th January or sooner if I can. I can show through school reports that in 18 months at least she has made no progress at all even though she changed school 9 months ago and is now in a class of 10 receiving extra support - this has made no difference to her progress whatsoever.

OP posts:
wetaugust · 08/01/2014 21:53

You need to persuade them to assess and in order to help them arrive at that decision you need to provide evidence that an assessment may be required.

Don't think the LA goes on what you alone tell them. They will automatically contact school and ask them for their view.

If you have extra evidence I would sent it now. But what I wouldn't do at this stage is a minute detail on why you think an assessment is required. You get to 'make the case' for a Statement if the LA decides an assessment is necessary and asks you to provide Parental Advice.

It's a tricky one as you obvioulsy don't want to set out your case in detail and have it dismissed should they decide not to assess but you also need to give them that key information that will make them assess.

bjkmummy · 08/01/2014 21:57

yes and that's what im struggling with at the moment - im inclined to wait - I will know by the end of next week. they have indeed contacted the school for a report. if they refuse I will immeadiately appeal anyway and am expecting to appeal. the problem I have as well is that after 2 applications for my other 2 child who both do have statements experience has taught me that the LA never listen to anything I write or say anyway so I may be wasting my time. I think I have supplied enough to show that an assessment is needed, whether they agree is of course another issue!

OP posts:
lougle · 08/01/2014 21:58

I agree with wetaugust.

I would think in your specific case, you need to give as much of a timeline as you can, succinctly, to convince them that she hasn't fallen behind because of the disruption of being in a RAF family, but because she has a learning difficulty.

2boysnamedR · 08/01/2014 22:04

Send all your evidence now and a side of a4 about how she is x years behind, points pulled from the ep report etc. you will need send it all for your appeal anyway

bjkmummy · 08/01/2014 23:44

will crack on tomorrow morning and get it done - my printer is broken so will write it and email it to my tecnophobic sen officer - I bet she has missed my emails!

at year 5 generally speaking what NC level would an average kid be at? shes a sept baby so in theory she should be progressing well. shes a 2b at the moment and that hasn't changed for a long time but the EP report puts her at age 6 in some areas so maybe a 2b is accurate

OP posts:
bjkmummy · 08/01/2014 23:54

just checked at the end of year 2 she was put at 2b for everything - beginning of year 5 she is still a 2b

OP posts:
nostoppingme · 09/01/2014 06:42

You need to get an appointment booked with the BEST possible EP, an independent one, and one who the LA will find hard to argue against. The best ones are booked up months in advance so find one now and book an assessment. You won't have this report by the 16th for obvious reasons but any further piece of info you have, such as the school reports, send it to the LA. Also write about her having possible dyspraxia. If school and GP are blocking further investigation for dyspraxia, check for an independent OP to assess her. Again, the BEST OT you can find. Her handwriting is poor so she needs to be checked for dysgraphia.

Write it all in the most negative tone as you can.

You can do it!

uggerthebugger · 09/01/2014 06:45

3A/3B would be the average expectation about now, with 4C/3A at the end of the school year.

It's well worth flagging up the lack of progress in levels since Year 2. If the data is accurate (another story), then there was a time that DD was working at an age-appropriate level. So she's not always been that far behind her peers - something important is clearly getting in the way of her ability to get on in Key Stage 2.

You could also add something about your concerns that the challenges she will face in accessing the curriculum will only grow as the language used in the classroom gets more complex. Year 5 was the year that my DS1 started to flounder, for this exact reason.

bjkmummy · 09/01/2014 07:28

I have a name of an EP so will get her booked , have an OT all ready to go when needed - you can tell ive done tribunal before! don't get me started on the NC levels - elder son at year 6 was a 2B now year 8 hes on P scales, her twin at key stage 2 SATS was a level 3 - at his annual review a few week ago hes down to level 2s! my dyslexia action report puts her at about age 6/7 so 2B maybe accurate but as we know with it all being teacher assessments its hard to get a true reflection so she will need an EP report. will chase up the dyspraxia referral this morning - left it with school 6 weeks ago and since then silence. they were contacting the school nurse. both her brothers have dyspraxia.

right battle armour on this morning and I will get this sorted

OP posts:
claw2 · 09/01/2014 09:50

I sent everything I had at this point. Knowing full well they would probably refuse and I would have to appeal and knowing I could get further evidence if they did refuse ie indi EP assessment.

I also did a FOI request to all parties ie school, LA, PCT.

claw2 · 09/01/2014 09:55

Would also add they did refuse. I included in my appeal, evidence I had from school, LA and PCT files. My appeal was due to be heard mid January, EP assessed early December. Lodged EP report late December. They backed down a week before Tribunal.

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