DS not been in school for 4 months - should this be enough to convince LA to assess for a statement?

[pannetone]

I have put in a parental request and am now meant to be putting together my 'case' for DS to be asessed for a statement. 6 months ago I did the same for DD and after an initial refusal the LA agreed to assess - which is happening now. BUT I am struggling to make a case for DS as his 'journey' is quite different to DD's.

DS only ever had 2 (feeble) IEPs in y6 of primary - after he had his HFA diagnosis that year. No IEPs in Y7 at secondary. DS sort-of managed the first term but by Jan he was completely worn out with the struggle of coping with secondary - bigger setting, so many new children and teachers, lots of different groups and sets for lessons, increased social demands etc. DS then failed to cope with a reduced timetable and by Feb was unable to go in at all. In April he was seen by CAMHs, given medication, and is now 'officially' medically unfit for school at present.

Clearly DS isn't making adequate progress which is a reason for SA. BUT I am concerned about how little his secondary did - eg they never got advice form autism advisory services. So I have no evidence that the school tried to support DS. OTOH the Head of Year actualy wrote a letter to the CAMHS doctor (wanting a decision on whether DS medically unfit) saying he was unsure that the school can provide an education for DS.

We think that DS needs a specialist setting with smaller class sizes but are the LA just going to say that DS has to go back to his secondary as they need to 'try harder' and work with external agencies? If we can get his CAMHS doctor to state that he needs a specialist setting how much weight will this have?

It isn't enough evidence on its own, no. But you seem to have other bits of evidence to support a statutory assessment. Your ds' needs are 'complex' and the school isn't currently able to meet your child's needs from their own resources in order to provide him with an adequate education, or to be able to access it, and therefore he 'probably' needs a statement.

All this other stuff that they have failed to do is a bit of a red herring. You simply explain that they didn't do it because they haven't the resources be it training, experience, understanding, ability to abide by their own code of conducts - whatever.

Thanks Starlight - yes, the school clearly can't provide DS with an adequate education. I have just been confused by the speed at which they seem to have given up any attempt to do so.... DD's school are always making out they try valiantly and my rubbish parenting/ DD's 'manipulation' are the reasons why DD isn't in class...

I haven't seen DS's needs as 'complex' though - to me it is quite straightforward that because of his HFA and high levels of anxiety he needs a small class setting. But I suppose for the purposes of SA his needs are 'complex' - they aren't going to be met by the school's standard response to dealing with students with ASD - which seems to be send them to homework club and reading group - DS didn't want (or need) either. The exit pass didn't work either - being out of a lesson for 10 minutes didn't make DS more able to cope with the next one...

We found that evidence from the school saying they could not meet needs was probably the strongest evidence for a specialist setting.

We had a letter (well actually three for ds2 from different psychologists) as well but were told this was only one factor to consider. Easy to write the letter when you don't have to pay the fees I guess.

The fact that your son is not attending will be very strong evidence for SA but they may well want to try TA support or a school with more ASD experience before agreeing to the specialist setting. We had to do this for both ds1 and ds2 before they agreed without tribunal that a specialist school was needed for secondary. Possibly if we had been prepared to go to tribunal we might have got the specialist setting earlier but I am not sure we would have won - mind you we were managing to get them to school (well most days) then so your situation is different.

I am hoping that the combination of the school saying they can't meet needs, the doctor (psychiatrist) at CAMHs saying DS needs a specialist setting, and DS not attending will be 'enough' evidence for SA.

Are your boys now at secondary OneinEight or about to go? What was the 'in between' provision for them? Locally we have a unit for 'vulnerable' students (not quite sure of its intake but I know it includes school-age mums as there is an attached nursery) BUT that unit is aimed at 're-integrating' children into a mainstream secondary - and I can't see that working for DS. If anything an 'in between' provision would run the risk of stressing him so much he wouldn't be able to return to school at all... (Which is why I am still hassling for the home tuition DS should be getting.)

DS would never agree to TA support in a lesson - he doesn't want to be marked out as 'different'. And as he is in top sets there is no general TA in his classes. He needs a setting where he doesn't stand out as being 'different', but small enough for him to be 'known'.

Is DS getting home tuition or anything similar? He's entitled to it as you have medical evidence that he can't to go school. If he does get this, can the tutor support you?

My ds's are year 6 pannetone . Both were originally at a large, mainstream primary up to Year 5.

ds2 had twelve weeks out of school then transferred to an ASD unit attached to a small mainstream primary. Was put onto reduced hours as not coping. Secondary EBD school refused to have him (thank goodness) and so LA agreed to go out of borough.

ds1 was tried briefly at a small mainstream primary with again an ASD unit although because he did not have a statement at the time was not put into the unit. Lasted three weeks and then placed in an EBD primary where he has done well. They have agreed to a specialist setting for secondary to meet academic as well as behavioural needs.

I think for ds1 the EBD school worked, apart from the small class sizes and the staff being brilliant with him, is that as you say he no longer feels different. Everyone has blow ups - it is normality so he doesn't have to worry anymore about having one - this has reduced their frequency.

We did ask for a specialist setting as soon as they got their statements but were laughed at refused. As we had some reservations ourselves about the specialist settings such as travelling distance and reduced academic opportunities and we did wonder if it was in part an inadequacy of the original school we did not fight at this stage and agreed to try a different mainstream school. In hindsight it would certainly have been better for both if it had been possible to skip the middle stage.

Icimoi DS is STILL not getting home tuition, which is a very sore point. The statutory guidance I have read says the LA should put in suitable education when the child is off school for 15 days or more. Despite the guidance also saying that LAs should not have 'inflexible policies' which result in children going without education, my LA demand a consultant's letter saying that the child is medically unfit for school. Because of CAMHs waiting lists that took 3 months... Now another month has passed and it doesn't seen that my DS has been referrred to the 'panel' that arranges home tuition yet. So I chased CAMHS to get the appt, CAMHS to get the letter written up and now the School to actually get DS referred for home tuition. It is farcical.

(Aside - just rang the Education Welfare Officer - he was originally sent to 'check up' on DS's non-attendance. Since then I have hassled him about home tuition. He has just told me he no longer has any involvement with DS because he is officially unfit for school! Ds's educational welfare is no longer his concern .)

OneInEight glad that you now have the specialist secondary settings for both your boys. The ASD units in our LA wouldn't be suitable for DS as the children also have learning disabilities (of the intellectual kind - I know ASD is a 'learning' disability in its own right). EBD provision almost certainly wouldn't be right for DS - he doesn't have behavioural issues (well, apart from panic and anxiety.) I am hoping for placement at a small out-of-borough independent 'specialist' secondary which provides 'individualised learning programmes' in classes of about 12. Don't know what my chances are... It isn't as expensive as many specialist settings but it isn't specifically for students with ASD, but has HFA pupils as well as some with dyslexia, dyspraxia, and ADHD.