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Refusal to assess received. Looks like tribunal then

30 replies

bjkmummy · 23/01/2014 12:14

Only 2nd one in 2 years - sigh.

Refused as needs can be met at school action plus. School screwed me over completely.

She was assessed by dyslexia action EP in October - she had a reading age 6 years 8 months by nov she was assessed by school and put at 8yrs 5 months - she's 10

Spelling in oct by EP was 7 years 4 months - teacher nov 2013 its 7 years 2 months so actually she has dropped.

Their main argument is that she has made progress on the NC levels - the LA say since summer to autumn term she has made 1 level progress from a 2a to a 2a/3c but since year 2 she has been on level 2s so progress is at a snail pace and as each year goes by she fall further and further behind.

I just want to run up to the school and drag her out but I can't do that. School said they would refer her at my request to be assessed for dyspraxia as had to be done via school nurse. I would then speak to school nurse myself and no referral had need done, in the letter today it specifically mentions that the school have no concerns re dyspraxia. The school refused to call the EP in to assess her for dyslexia as she wasn't more than 6 years behind so that's why we went private.

I would also add we ourselves are paying for a dyslexia teacher to go in an hour a week so you would expect more progress due to this. Sorry if I'm rambling, my head is swimming with this and the thought of having to go to the school makes me feel sick

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KOKOagainandagain · 24/01/2014 12:31

BrewBrewBrewBrewBrew

Don't give up. I think maybe you needed to see how big the fight is going to be to see what weapons you will need. But don't stare at it. Gird your loins and carry on. Tbh I used to be jealous of others with DC with a diagnosis of ASD because I had to fight 10 times harder in some respects. Both my DS have ASD but it was the power of diagnosis at that point that I was jealous of iykwim.

What intervention were the school doing?

bjkmummy · 24/01/2014 12:40

Thanks keep - I have a wobble think all is hopeless then can back out fighting like a tiger! I would rather hear the brutal truth and get my weapons ready then blindly think everything is easy peasy. I think the dysleixa teacher did some assessments with her so I can get her to re do them as well I guess.

I think that's why I'm a bit upset as I have two boys with asd and I know how hard the fight for them is. Stupidly thought this would be easier because she is so far behind academically. I've never had a refusal to assess before so all new to me - ironically I think if both boys had been refused I think it would have been very hard to show lack of academic progress

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KOKOagainandagain · 24/01/2014 12:55

That's what I mean - with an ASD diagnosis you get a 'free pass' when it comes to the 'cognition and learning' part of the assessment. But this is the area of main focus wrt dyslexia. The bar is set so low - 1b in year 8 ffs - that this can be the most difficult hurdle to clear iykwim.

That's why you need to fight smart. What are the criteria? Collect the data (if the school don't identify need they don't have to meet it so will not be doing so). Focus on rate of progress of DD not attainment in comparison to others.

mmm1 · 24/01/2014 23:53

Mine went from School action straight to Statement and her assessment was refused also at first. Her SALT report was so bad they changed there mind. LA said she was making adequate progress but it was found that the levels outlined in SEN code of practice was far more than she was achieving. Check the levels gained against the recommended (i forget the amount ). I know it was quite a few sub levels per year and my child was only making 1 or 2 sublevels. LA said fine when they knew it wasnt according to legislation.

bjkmummy · 25/01/2014 19:17

i spoke to my indie EP and read her the scores from dyslexia action report and she was shocked that the LA had refused to assess her given that for reading spelling etc she was on the 2nd centile. that said she also went on to warn me that im in for a hell of a fight which I may well not win and that maybe I would be better spending the money on specialist teaching for her. she can also not retest her for 6 months which takes us to the end of april and now im slightly worried that ive sent her appeal off and now need to hope I don't get an appeal date until mid june. im minded to now go away and have a good long think about everything - the appeal is in - I could always withdraw futher down the line but for now im willing to give it a go a lot can happen over the next few months and they could concede given ive appealed or fight me tooth and nail. what has slightly concerned me is that I read lots of appeal re refusuals to assess re dyslexia last night - given they were about 10 years old but a huge proportion of them were refused although none had children who appeared to be as far behind as my daughter so round in circles I go

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