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Dd3 has been issued with a NIL :-(

34 replies

Ineedmorepatience · 16/07/2014 16:51

So after making us go to tribunal, our LA were told to assess Dd3.

They have done that and on the final day of the 12 weeks they are allowed to assess and make a decision they have issued a NIL!!

I am gutted, not because we now have to go back to tribunal but because my vulnerable child will have to start secondary school without a statement! SadSadSadSad

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PolterGoose · 16/07/2014 17:00

This reply has been deleted

Message withdrawn at poster's request.

StarlightMcKenzie · 16/07/2014 17:06

Have you seen the provision in the NIL?

pannetone · 16/07/2014 17:11

Posted on your older thread Ineed Sad and Angry for you.

I really feel for you and your DD - my HFA DS3 struggled in his first term at secondary (no statement)- and has now been out of school since Jan. It has been so difficult for him especially in terms of his self esteem as he feels a 'failure' for not being able to manage school.

We requested assessment for a statement in May and the LA agreed. (They could hardly pretend he was being supported in school when he had been absent for 4 months.) Not sure what they will decide having done the SA but we are now in a situation when it seems very unlikely that DS will be able to return to state mainstream. It would be so much better if DS had been given better and appropriate support in the transition and first term. Ultimately cheaper for the LA too - though the cost to my DS in terms of missed education and mental health is what concerns me.

Ineedmorepatience · 16/07/2014 17:12

No not yet!

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Ineedmorepatience · 16/07/2014 17:13

But my understanding is that it is no more "legal" than SA+!!

She has already failed on SA+ and come September when all hell breaks lose in the world of SEN who knows what is going to happen Sad

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Ineedmorepatience · 16/07/2014 17:15

panne That is exactly what we have been trying to say. If they put the support in now, before she goes there is a chance she might survive in a school with 1300 pupils and 180 staff!!

But without decent support! Forget it, she will be unable to cope Sad

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OneInEight · 16/07/2014 17:15

So sorry Ineed. Crazy decision. Have they given any justification for it?

Ineedmorepatience · 16/07/2014 17:19

The statementing officer said there is a letter in the post explaining their decision one !

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babiki · 16/07/2014 17:24

What a shit :( so sorry

StarlightMcKenzie · 16/07/2014 17:27

It's no more legal than SA+ no, but and I'm sorry to stay this on the eve of your battle for a statement, neither really is a statement unless you have a LA and school who feel that breaking the law is unacceptable and most don't (justified by claiming there are other, more deserving children with less pushy parents who haven't got this wonderful provision you have secured by fighting, and that hiding the fact your child isn't getting the provision won is reasonable).

You need some time to think about things. You also need to put in the appeal as soon as possible and before the holidays just so that is done and not hanging over you. You can withdraw at any time but you won't want to delay if you decide you are going ahead.

I'm sure, like me when I had set backs like this, you will find it a bit difficult to cope with the injustice and unfairness and in some ways the bad luck, because you will know children like yours and even with less severe difficulties who DID get the provision they need. But life goes on and you must not let this consume you and your summer fun. Enjoy your family. It is why you built it. The shit can be faced when you have regrouped and have been made strong by spending quality time with each other.

AttilaTheMeerkat · 16/07/2014 17:27

Very sorry to read this.

A NIL is really not worth the paper its written on. Speak to IPSEA and they will advise you further www.ipsea.org.uk. Use their callback service to book a time.

Tell the LEA politely but firmly to stick this where the sun does not shine. You need a statement, do not settle for anything less than this.

bjkmummy · 16/07/2014 17:31

I agree with star - lodge the appeal and then file it all away for the summer and try to have a good summer with the kids - easier said than done I know but the reality is that there's nothing more you can do now but lodge the appeal. at least post sept you can always withdraw the appeal if you find you need to but by getting the appeal in now you at least beat all the madness that is going to start in sept

Ineedmorepatience · 16/07/2014 17:31

Thanks star and attila.

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SchoolHolsTOWIE · 16/07/2014 17:53

I am so sorry. This is just such a immoral, wrong, and broken system ( which I can't see getting any better).

Tell the LEA politely but firmly to stick this where the sun does not shine. Absolutely 100% agree with this. Appeal immediately

We're here for you and honking away madly for you to keep going.

Ineedmorepatience · 16/07/2014 18:10

I told the person that phoned that I would be appealing it!

Thanks TOWIE I appreciate the support I have had from everyone on the board over the years!!

We have come a long way in 3 years of being on here, from no diagnosis to almost getting a statement and having a list of Dx's as long as my arm.

I am not ready to give up yet, because if I give up who will get Dd3 the help she needs!!

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bjkmummy · 16/07/2014 18:25

I may well be joining you on this path in 5 weeks time Ineed so we could be keeping each other company - mine is about dd3 as well! she is year 5 going into year 6 and I don't believe it will be sorted for secondary even with a year to go. there does seem to be a few people at the moment getting NIL so makes you wonder if its more to do with LA games than the childs actual needs.

ouryve · 16/07/2014 18:59

Aargh, I'm sorry, Ineed :(

A NIL is pretty useless. I suppose you could have fun turning it into something that's at least nice to look at.
www.docstoc.com/docs/109264445/Birds-in-Origami-Goose

Tambaboy · 16/07/2014 19:52

I'm sorry to hear the LA has issued a NIL. I agree with previous posters, you have to appeal ASAP. Best of luck.

2boysnamedR · 16/07/2014 20:27

Yes NIL is a worthless thing - use it to wipe your bum, it's all its fit for. I am appealing my NIL right now. The way I see it is that appealing is a way of life. It has come with bounuses - like my ds is very very close to getting a full dx which I would not have if I had rolled over at the first hurdle. Its hard to belive but try to get everything out of this that you can. Explore every avenue, overturn every stone and know that your stronger than you ever realised. And appeal, don't stop to think - just appeal. Then forget it until you get the appeal date. You need your NIL to appeal and they have to issue it withina certain time frame

Ineedmorepatience · 16/07/2014 20:46

Thanks for the support everyone Smile

I had probably better show the NIL [funny that they are called that!] to the secondary school before I wipe my arse on it or make it into a goose, even though they both sound like good uses for it.

You have cheered me up!

I have actually been in a worse place than this before she was diagnosed and before we had won one tribunal!!

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lougle · 16/07/2014 20:53

Oh Ineed Sad

You've had good advice. Do you want something to cheer you up?

DD2 went to DD1's school yesterday. She waswearing her favourite dress -a multicoloured flower print dress.

DD1's teacher decided to 'make small talk':

Teacher:"I love your dress, DD2."
DD2: "Thank you".
Teacher: "Do you get lots of bees trying to land on you?"
DD2: "Err....No." Hmm
Teacher

Ineedmorepatience · 16/07/2014 21:05

Thanks lougle Grin

She is brilliant Smile

We will get through this!

My concern is the same as it has always been, that if Dd3 doesnt cope in the first few days, she will be out of school and that will be that!!

I find the idea that she has to fail again before she will get any help utterly appalling but it seems that is what will have to happen Sad

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lougle · 16/07/2014 21:07

You'll be her champion, whatever happens.

Handywoman · 16/07/2014 22:17

Oh, Ineed don't think, draft letter of intention to appeal, make origami goose. Have a lovely summer and enjoy your family. In. That. Order.

Honk honk honk honk honk

2boysnamedR · 16/07/2014 23:43

You might get your appeal date very quick. Then it's more time to gather evidence if she does struggle in secondary. So less chance you will appeal - get a crappie statement and have to appeal again.

It is so unfair. I try not to think of the injustice of having SN kids and all this LEA poo to ice my cake of shite with.

I use the anger to keep me going ;0)