DS running out of class, but refused statutory assessment

[CurrerBell]

My DS is 7.5 and in Year 2. He has ASD (Asperger's and possible PDA). He is finding it harder to cope in school and frequently runs out of the class. He is very distracted in class and doesn't sit with the other children or do anything he doesn't want to do. He has significant sensory issues.

Everyone who works with him agrees he needs a statement - school are finding it harder to cope now and are recruiting his own TA (he already takes up a significant amount of TAs' time). However the assessment has just been refused - on the basis that he's currently progressing in line with the National Curriculum.

We are going to appeal, and I have been advised to get Parent Partnership on board - I will be meeting with them this week.

I just wanted to check with people who have been there... If he is running out of class like he is (every day), then aren't his SEN quite severe? He's academically bright, but he seems to have no concept of the idea he is part of a class and is bound by the same rules as the other children. The teachers are finding it very hard to cope as he just wanders off.

National curriculum levels are not criteria for deciding whether a child needs a statutory assessment!

We took our LA to tribunal recently and there only evidence was Dd3's NC levels.

We won the tribunal on the grounds that her disability (Asd) is a barrier to her accessing the curriculum in the same way as her peer group.

Dont wait for Parent Partnership, appeal and start gathering your evidence.

Good luck

Thanks Ineedmorepatience. We did submit all the supporting evidence and reports with the application, but it seems like the LA haven't even read them and they've just looked at his reading levels!

They are also saying that the school hasn't spent enough on supporting him (not true). Also that school hasn't sought active and ongoing advice, and that the ASD Service hasn't been in to support him enough (also not true).

Apparently with the right 'ASD friendly approaches' we can solve all his issues....

The letter is just wrong on so many levels. Everyone is gobsmacked really.

Will it really have to go to a tribunal?!

We were in a similar position but then it went pear shaped in year three, DS started to drop levels, his reading is a year behind, writing on 'P' levels and maths - average - but falling. Significant sensory issues, ASD, ADHD and probably PDA and school refusal. Just been awarded 25 hours but that was a fight.

CurrerBell,

Parent Partnership are not always independent of the LEA and can tow the party line. Therefore I would also certainly seek fully independent advice from the likes of IPSEA or SOSSEN.

Ipsea's website is www.ipsea.org.uk; look for their Refusal to Assess pack.

They used NC levels to say no to your request for Statutory Assessment; what parallel universe do they operate in?!. You must appeal their crass decision asap.

will it go to tribunal - hard to say but lots of appeals don't get to tribunal and the LA back down once they see how serious parents are.

my PP when my LA refused my request told me I had to look at the LA statementing policy which had ridiculously low academic levels in it that most children would be above. I knew she was talking rubbish and in my tribunal when the class teacher started to talk about LA policy the judge shot her down and flames and stated the panel would only look at the code of practice not policy.

get a code of practice as well - it can be downloaded online - that is your friend here and there is a section where it explains why academic levels is not the only thing they should be looking at.

you need to appeal asap and theres plenty of people on her can help and support you

I agree with atilla. You need ipsea not parent partnership! Give them a call.

Ipsea are amazing!

It wouldn't surprise me if your LA hadn't bothered to read the reports. My ASD son is non-verbal, in nappies and doesn't feel pain. Our SA was turned down because he did not have any more additional needs than any other child! We appealed and they conceded.

Seven months later we have a statement and an ASD special school - both based on the same reports as the original request for SA.

There are two main reasons children get statements lack of progress (which should be on basis child's ability, not just peers, NC levels etc and can be social etc) and behaviour. Ds is year 2 ahead in reading, spelling and maths number problems behind in anything social or language based. He has had stmt since age 3. He needs FT 1/1 (ABA) he also has home ABA and holiday ABA on statement. So I can firmly say reasons you've been given are nonsense. He needs constant redirection, much more frequent instructions, reward based behaviour system, more frequent breaks out of classroom, specialist language, social, life skill proframmes etc its a comprehensive and costly programme. Over 65% children with autism have a statement and the other 35% are mainly children who are young and haven't got one yet! Our LA backed down as soon as the appeal form hit the desk and did assessment but we did have to go to tribunal for contents statement (ABA).

This is a good time of year to talk to IPSEA - you can now book a one hour phone appointment with them at a prearranged time to go through your case via their website. (I think the opposite is true of the Tribunals service as they try and hear as many cases as possible in time for September placements.)

Most of the time their helpline is absolutely chocka - 7pm seems a good time to ring as most parents are putting their kids to bed/doing tea then .

Thanks all - that's given me a lot to think about.

The top guy at the SEN team (LEA) is ringing me this afternoon to talk about the refusal. Any quick tips on what I should say to him?!

There is a line in the application where school has said DS is at risk of exclusion if his behaviour escalates any further. Yet the LEA are saying his behaviour is all low-level stuff...

Gah... I was all psyched up to talk to the top SEN guy and now his phone line is down so he can't ring today.

They said in the letter that DS's needs are not severe or complex enough, but school have had to have a risk assessment for all the challenging behaviours he presents.

ring Ipsea and get your appeal in (there are strict timelines, iirc you have 8 weeks) .

Don't waste time with the LA guy. The refused SA. he will probably only try to convince you your DS won't get a statement.

Agree with Attila re PP. ours is beyond crap. Ipsea saved me ;-)

I have a lad of similar age (y3?) who has a reading age 3 years ahead, maths a year behind but got 2a in year 2 sats (?!). All other NC levels fine or slightly ahead. Behaviour of the nature you describe in your son.

He has just been awarded a statement and 20 hours support.

Good luck with the appeal

Thank you - am trying to contact IPSEA (lines are busy).

DS just seems to be in meltdown this week, at the slightest thing... he kicked another child on the chin today. I am so worried about him hurting others and being excluded.