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Refusing to assess for statement

14 replies

sbm78 · 28/05/2014 12:52

So i've had the response to my application for a statement to say they are NOT going to assess.

I am totally in shock! there is lots in the letter but they are mostly saying the school have the funding to provide 12.5 hours per week.

What do I do next. A few shocked and frustrated parent :(

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sbm78 · 28/05/2014 12:53

*very not few

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2boysnamedR · 28/05/2014 13:14

You appeal. I was refused, told not a chance in hell but the lea dropped the case before tribunal

bjkmummy · 28/05/2014 14:01

yep appeal - figures show that out of 10 refusals only 2 will appeal - the LA bank on parents not appealing

2boysnamedR · 28/05/2014 14:25

Probably doesn't like it right now but you have a good chance of winning a appeal

threetoone · 28/05/2014 14:36

You can print the forms you need from the Sendist website that you send to the tribunal service. The IPSEA website has a great section on refusal to assess. BJK shocked that so many people don't appeal! SBM try to give yourself some time to concentrate on getting the paperwork together. I found it more time consuming than I thought it would be.

sbm78 · 28/05/2014 14:46

Thank you all. Once over the shock from the letter I'll look at appealing. The school give him some support but this is not from someone qualified? We are moving schools in September, should I speak to them about what they can offer him? He's level 1 for everything and in year 3. His behaviour is not good either.

On another note, CAMHS not given me a diagnosis, should I go back and demand a test for ASD. WE had an initial consultation, they wrote a report and suggested behaviour support at school and that was it. How do I go about getting a ASD diagnosis and will this help with the statement :(

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pannetone · 28/05/2014 14:49

Another one who appealed and then the LA agreed to assess before it got to tribunal. And if I read some old- ish statistics for my LA correctly, of the ones that actually got as far as tribunal only about 10% didn't win the appeal...

sbm78 · 30/05/2014 11:41

Thank you all....can someone help with the following question please:

On another note, CAMHS not given me a diagnosis, should I go back and demand a test for ASD. WE had an initial consultation, they wrote a report and suggested behaviour support at school and that was it. How do I go about getting a ASD diagnosis and will this help with the statement sad

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nahidontthinkso · 31/05/2014 11:30

Has your DC had the behaviour support?
If not then make sure that is in place. If it doesn't work then go back to CAMHS for another/further assessment but you have to try their suggestions first. Some people have to jump through all sorts of hoops before they are taken seriously.
Having a diagnosis will not necessarily help with the statement as it is issued on need rather than what the child is diagnosed with. My DS got a 27.5 hour statement before he got his ASD diagnosis.
Has another professional suggested that DC has ASD? If so this might help persuade CAMHS to do an assessment.

sbm78 · 03/06/2014 12:52

Hi, yes we have had behaviour support, which went ok for a couple of weeks whilst it was all new. But then it fizzled out and behaviour support stopped coming!!! School are chasing them as to why.

So perhaps I'll go back to camhs and tell them this hasn't worked.

No one else has said he might be ASD but me. Which is frustrating. The school don't really say what they think it is. But know he can't cope in certain situations and gets angry with other people. Week before half term he stuck a pencil up another childs nose because they wouldn't give him something. Everything has to be a certain way with him, he won't wear certain clothes because they irritate him, he is very sensitive with noise. The list of things to make me believe it is ASD is endless.

We are actually leaving the current school and going to a school nearer where we will with a brilliant inclusion team! I'm hoping they might agree with me.

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nahidontthinkso · 03/06/2014 13:09

Good luck with the school move.

I found that having a good inclusion team can a huge difference.

It might be worth asking for a referral to the OT for them to do a sensory profile. If DC has sensory processing difficulties, this could be a factor in his behaviour.

AgnesDiPesto · 03/06/2014 13:34

Appeal. If the level of need is below 12.5 hours per week then LA is correct the school should fund up to that amount. If the problem is the school won't and the LA won't make the school do it then you have no option other than to get a statement as the only way to enforce legal rights if the LA won't enforce on your behalf. I would write back and ask LA how they intend to make the school put in 12.5 hours and why it's behaviour team has stopped coming. But still appeal so you have a lever to make the LA sort it. Of course if you consider your child needs more than 12.5 hours or more highly specialist staff than school can provide you have no choice than to appeal on that basis too.
My LA backed down too. It's a standard tactic to refuse to reduce demand.

IamRechargingthankYou · 03/06/2014 17:42

And please go back to CAMHS and ask for an ASD assessment. I remember they tried to put me off doing that for my ds as "the waiting lists were so long" but like yourself I knew and said "please put him on the waiting list" and 18mths later he was dx. Good luck OP I can never forget my GP saying when I went for the first referral to CAMHS "You're in for a rocky road"....how right he was.

sbm78 · 04/06/2014 09:20

Thank you all so much X

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