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Need help getting a statement

11 replies

Edenviolet · 26/01/2014 20:38

Dd2 has complex medical needs: unstable diabetes and eds

LA have said she cannot have a statement as she has no learning difficulties.

Who do I phone to apply for one, what do I need to say/do to ensure dd has a 1-1 for when she starts school?

Thankyou

OP posts:
wetaugust · 26/01/2014 20:50

Welcome to our little area of MN

Hedgehog - bear with me for a few mintes while I get you the links to the things you need to do to make a request that they will have to consider.

Thanks

wetaugust · 26/01/2014 21:02

OK - as I understand it so far:

You DD has serious helath issues.

You rang the LA and asked if she should have a Statement and they said that Statements were only issued for learning difficulties and not in response to medical needs. They told you she would';t get one.

Basically the LA lied to you.

Here's what you can do:

School has a legal duty to identify those children who have 'special needs'. Those needs can be educational, social, medical or any other type of need that they have but which other children of a similar age don't have. The other thing is that the special need has to have existed for a while and will continue - which your DD's has and will do

So your DD's serious medical problems means she has a sepcial need.

School are supposed to identify what extra help any child like your DD needs and to provide that help.

The problem is that school may underestimate the help that's needed and say that they are meeting her needs when, in fact, they are not.

That's why use should ask for a statutory assesment to be carried out by the LA that may lead to the LA issuing a Statement that tells school how much need your daughter requires.

You must make this formal request for a Statement directly to the LA and in writing. This is very impportant as when you make that request in writing you strat a legal process - so the LA must consider your rqeuest and has certain timelines to make their decision. This is very different indeed to raining the LA and getting some isiot who doesn't know all the facts telling you that she won't qualify for a Statement.

The LA can only determine whether a Statement will be needed when they have taken advice from you, school, her doctors etc that will tell them exactly what help she needs. Until that's been done everyon is just guessing at what she needs.

Your first step should be to write a short letter to the LA saying what your daughter's difficulties are and asking the LA to make a Statutory assessment.

There's a link here to IPSEA webiste that shows you the sort of letter you need to write. You can enclose medical letters etc as evidence that your daughter does have medical problems.

How to Apply Formally for a Statement

But please do it soon because she needs help as soon as possible and also because Statements are being replaced soon with something else.

If you need to ask anything please come bacj and someone will be sure to help.

Edenviolet · 26/01/2014 21:12

Thankyou so much. I will write a letter tomorrow and send it to them.

By special delivery in case the bastards say they didn't receive it.

OP posts:
wetaugust · 26/01/2014 21:26

Definitely special delivery - you're learning Grin

The LA must decide whether, based on your written application and any evidence you send then to back up your request, whether they need to do a statutory assessment of your DD's needs.

The LA has about 6 weeks to let you know whether they will assess or not.

I warn you now - the LA will probably say No (as a lot of people on here find) as it costs LA money and they don't want to spend it on expensive support.

But if they do say 'No' ther is an appeals route that people use and the LA quite often change their decision when they know a parent will appeal. Parents also win their cases at Tribunal.

The school will also try to dissuade you from requesting an assessmnet - but just ignore school.

Your DD has longterm special needs and an assessment of what she needs (rather than a guess by lots of unlnowledgeable teachers) is definitely what's required.

I'm not saying the whole process will be easy, but if you follow it step by step, starting with your letter to the LA requesting an assessment it will be OK.

If you need help / advice then ask on here. There is also the Diabetes charities that can help you and she should also have a Care Plan now. If she doesn't have a Care Plan then speak to the SENCO and ask for one.

If she needs a lot more attention that most children of her age do, then you should apply for DLA (if you haven't done so already).

Glad you're getting the ball rolling.

P.S I'd ask MNHQ to delete the thread on Chat. People seem hellbent on misinterpreting your question.

capsium · 26/01/2014 21:30

I would include copies of any relevant doctor's reports you have to support your application.

sohadenough · 26/01/2014 21:41

hedgehog yes to special delivery. I took to delivering my letters/reports etc in person due to the lying bastards poor admin workers claiming not to have received things in the process of my application.

sohadenough · 26/01/2014 21:43

oh, and yes school will no doubt turn into lying bastards too. My dds school initially ticked box to support my request for a statement on the form LEA sent, then claimed to have tocked wrong box and said they didn't think she needed statement when put under pressure from LA ( despite also having written to me stating they supported my request!)
Dont trust anyone. EVER. be prepared to fight. It will be worth it.

everydayaschoolday · 26/01/2014 21:45

Hi Hedgehog. I read your other thread and came across here to find you. You have been given lots of good advice, so looks like you're on track now Smile.

The LA should not have said over the phone that your DD 'wouldn't get a Statement' because in order to say that they need to have conducted a formal assessment of your DD needs. Which they haven't done. This is how they have lied to misled you.

My DD2 is 2 years old and got a finalised statement last Nov. Any official reports to support your application for an assessment go along way with the LA. Remember the LA are not medical experts, so they need/rely on as much 'official evidence' as possible. Don't delay in asking for the assessment though. Sincerely, good luck it can be a difficult road getting the right support. xx

PolterGoose · 26/01/2014 21:51

This reply has been deleted

Message withdrawn at poster's request.

StarlightMcKingsThree · 26/01/2014 22:39

Hi hedgehog

Draughts · 27/01/2014 12:49

Hedgehog, you've had some great advice so far so don't want to repeat but how is her condition managed at pre-school? Does she have anyone specific managing her needs there?

DS2 had extra funding from 2.5 years at pre-school & nursery for 1:1 support. Having that in place & bring known to the area early years SENcO was brilliant for us.

We applied for his statement ourselves, his paediatrician had a significant input as well as all of the other people involved in his care.

Good luck. Smile

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