1st Annual Review. Please help me stop them take away DS's provision

[zen1]

A year ago, SENDIST ordered LA to amend DS's Statement and as part of his provision he gets weekly OT delivered in school, and SALT delivered by a SALT every 2 weeks. As a result of the tribunal, DS's Statement is extremely well quantified and specified. He is 6 years old and has many different diagnoses including ASD, Dyspraxia, Very severe SPD and a language disorder. He is in MS school (my choice). School have always been supportive in implementing his provision. However, they have employed LA "professionals" to deliver the provision in Part 3.

His AR is coming up and I have just received the reports from the LA people who have been working with him and they are just as badly written as the reports on which his original statement (the one we appealed) was based. None of the 'recommendations' are worth the paper they're written on, and what's worse, they are recommending cutting his provision so that basically it is back to them suggesting training his TA to deliver his therapies with them overseeing this once or twice a term. There is obvious collusion between the SALT and OT as they both see the need to reduce his provision in the same way. I challenged both on this and they have both said that they are happy for the statement to remained unchanged until the end of the summer term but will them want to call an interim review . He is still at least a year behind his peers, still has expressive and receptive language difficulties (which are described as significant in salt's report) and many, many sensory problems that stop him accessing the curriculum. School are supporting me and will argue that any progress that Ds has made is due to the high level of provision he currently receives. They want to keep the Statement as it is. From what I understand though, the LA can do what the hell it likes and amend the Statement citing 'evidence' from their employees.

I feel there is a real conflict of interest here. I can't prove it of course, but they have a remit to save as much money as possible and are not making their recommendations in the best interest of DS. I know I need to remain calm in the AR meeting, but I want to have it out with them. Can anyone advise on the best way to counter this? I don't think I can afford independent reports so soon after tribunal.

Evidence is your friend.

What evidence do they have to say the objectives in his statement have been met?

Unless that is the case and he has achieved these objectives then there is no evidence base to reduce his provision. One could almost argue that if they can't prove (prove, with testing / assessment not just vague comments of "he's doing so well" "he's come on so much".) he's moved on he needs MORE not less input. (can point that out if they quibble things and suggesting cutting. They may then agree that keeping the same provisionis a good idea after all!

They need to demonstrate to you with evidence not fluffy words that he has improved to the degree that he no longer needs their input. If his needs haven't changed then there is no grounds in which to reduce provision.

Ensure everything is in writing - ask questions politely, but insist they explain "I'm terribly sorry - I don't understand. His needs are the same, but you feel he needs less input? What is the rationale for this?" ( questioning and confused tone, no hint of sarcasm). If they go on about budgets or money, gently point out (super politely) that this is a review of your sons NEEDS and how these are best provided- not a meeting of the councils budget. Explain that that conversations about money is unfortunately not your concern as a parent and please can we focus on NEEDS and let if necessary the SEN team focus on how things will be implemented / financial considerations as that is their remit. Take someone knowledgable with you (parent partnership or NAS rep if you can.) take notes, in addition to the official minutes.

That school want to keep the provision is good. Work with them. Very often the LA don't even bother to show up and you and school can have a sensible meeting.

Best of luck. Have been through many reviews with my kids now. Never lose your temper, be assertive and polite and have your sen code to hand to remind them of duties, as sometimes they 'forget'.

Thank you 3littleducks. Ironically, one of the reasons they want to downgrade the frequency of his provision is that "it takes him a long time to grasp new concepts so there is little point in visiting every week when he is still working on the same targets". There is no evidence that the objectives in his statement have been met. Actually, as you say I do have some evidence that he needs more input.

You need to get quite tough about this. Certainly if he is nowhere near meeting the objectives in his statement they cannot justify reducing support. Equally it is a nonsense to say that his lack of progress is a reason to reduce support. If he is taking a long time to grasp new concepts, they need to think about different ways of helping him to do so, including giving him more time with the specialists - for example, it would probably help if he has regular sessions with the therapists to work on the vocabulary being used to cover particular topics in class.

You could also point out that if they reduce support you will inevitably be going back to the tribunal who are not going to believe that DS has had a miracle cure and are going to be extremely unimpressed that their previous order has been overturned. You could suggest it is verging on contempt of the tribunal, and certainly you should point out that if you do have to go back you will be asking the tribunal to award costs in your favour.

Fantastic advice from ducks and ici

Bear in mind that at some point you are going to have to convert to an EHCP where the test is "best possible outcome" so presumably that will herald a further increase in provision...

And the Codes - old and new - are VERY strong on the value of early intervention, so the great news is that they are saving money by doing more earlier.

Have they actually done re-assessments, ie full tests with centiles etc? If not, they have only got observations to go on and that isn't really going to show up precisely what progress dc has made relative to his peers.

Very good luck

ici, that's very useful to know that the tribunal will not be happy about the consent order being overturned. The EP report (equally as bad) did have one useful recommendation and that was that DS should receive pre-teaching of topic vocabulary (although obviously this would be his TAs job ), so I will make a case for more specialist input. The specialist independent SALT that assessed him prior to tribunal stated that it was their opinion that DS's difficulties with language belied his cognitive abilities, so there is every reason to expect the specialists to find different ways to help him understand things. Thanks, you have helped me consolidate my thoughts about this.

senvet I was originally told that they would be converting to EHCP at this AR but they have changed their minds at the last minute (LAs original aim was to convert 1000 statements in 12 months!). No they didn't do any re-assessments (may be 1/2 an hour of subtests ), and in the EPs case, this was a 2 minute classroom observation according to TA. I spent last night reading through the write-ups of their weekly sessions with DS and I've found no evidence of monitoring his progress.

"it takes him a long time to grasp new concepts so there is little point in visiting every week when he is still working on the same targets"

Maybe a polite enquiry that if he is consistently working on the same short term targets and no progress is being made, that the targets need to be broken down even further and be set to be realistically achievable?!?!? (SMART)

Also, is the work being put in inbetween by the school? No child will improve with weekly or bi weekly OT and SALT unless the practice is being put in during the week. It has to be a partnership with the professional teaching and closely monitoring the program, to check it is working.

They are trying to save money and trying to imply that 'training' a TA a load of exercises at the beginning of term (i.e. here are a few generic sheets of fine motor / gross motor skills for you to do with him) and then hoping for the best that they implement them. With the greatest respect to TA's (and we have had some fabulous ones for my kids) they can be trained to do the exercises, but they are not QUALIFIED (unless they are themsleves are SALT's / OT's etc) to adjust the program. Yes, they can help in monitoring it by recording how the child has done, but you need someone who is a professional to adjust the program depending on how the child is doing, in order to get the optimal results and to ensure it is progressive, success is built upon, struggles are addressed and that targets set are SMART and achievable.

Thinking of my DS. We, shortly after diagnosis used to go to weekly OT. The OT would work with him and teach both him and me exercises and games. She would explain to me what we were hoping to achieve, (ie pegging socks on the line is to help his fine motor skills, especially the pincer grip) and she would tell me the frequency of practicing. (i.e. peg 10 socks onto a washing line every day.) We would write them on his chart and tick the practices off as we did them over the week.

When we went back the next week - she would look at his sheet and praise and reward with stickers when he had done the required amount at home (daily or 5/7 etc) assess how he had done by watching him do the activities, in addition to listening to my feedback on how it went. If he had progressed, they would set a new target (incrementally increasing maybe the time / repetition of the same game etc or moving onto a 'next step' and a new game.) In some areas, despite practice, he would not have improved, so we would either continue that target for next week or if it was something he was finding really difficult or unenjoyable, they would reset the target (still aiming towards the same outcome but either lowering the bar, to do it in 2 steps, or finding a different way to achieve the same thing.)

Stand your ground - you have a statement (legally enforceable document) that says he needs this high level input by qualified professionals - and that is what needs to remain unless they can EVIDENCE why to the contrary!!!!

www.ipsea.org.uk/what-you-need-to-know/frequently-asked-questions-by-topic/statements-faqs

Sorry - not good at links - but copy and paste the above address and then click on the underlined numbers 15 and 18 of the FAQ's at the bottom of the page.

Both of these pdf's seem relevant to your situation. Hope they help.

Ipsea info is really good and helped me immensely with getting my kids the provision they need.

I know the first review is horrible as you don't know what to expect - but the fact the school are onside IS really positive. If the head (or senco, whoever writes up the annual review report) are stating in writing to the LA (Point 9:32 of SEN CODE OF PRACTICE)that they feel the provision needs to stay - you are in a very strong position, if there isn't any evidence to the contrary.

I know that I had visions of going to the first review for my first statemented child and them taking everything away and leaving them floundering again - but if you remain calm, gently assertive and factual they can't just do this, as you won't let them. At their worst yes, they will try - they can issue a rubbish amended Statement but these can be argued with the LA and often you can get what you need via reasoned written submissions to the LA, (it doesn't always have to progress to a tribunal, though we do know that some LA's play that game... ) as long as you ensure that everything is evidence based. I try not to see the LA as the enemy - I try to work with them, whilst also being very aware that they will try anything to save money. But KNOWLEDGE IS POWER and if you can politely show you know your rights and their responsibilities, it has been known that the LA will see that you will not back down and will be sensible.

Really feel for you - but try and stay strong - you CAN do this.

3 little ducks (am a serial name changer - but have been around these boards a long time and have learnt so much and everyone here has helped me so much to get my kids sorted - My kids have the education they need due to kindness and information of many anonymous strangers on the internet, who I will never know, but will be eternally thankful for each and every one of them. There is a lot of expertise and support here from many more knowledgeable than me. Keep posting!!!! )

He is fortunate to have a very competent TA who does do recommended exercises (both SALT and OT) with him every day at set times. At the last parents evening, his class teacher asked if there was anything more the school could be doing to help DS (this was all before I found out the LA wanted to change his provision). However, I do think the OT has made comments during sessions with DS as to how well he has progressed (yes, this is completely contradictory to her other postulation about taking a long time to grasp new concepts) to kind of suggest that the TA could run his OT programme now she was familiar with the type of exercises he needs. Hell, she even told me last week that DS should try to manage his own programme as she felt the whole point of the sessions are to teach DS to self-manage his sensory problems. He's 6 years old FFS.

I will be standing my ground, but not looking forward to doing it all again in 6 months when they call an interim review.

Really appreciate your responses 3littleducks. Couldn't agree with you more about the kindness of strangers imparting their knowledge on these boards. Without this board, DS would not have got a Statement in the first place and I wouldn't have had the know-how or confidence to appeal it.

Yikes, have they done any formal tests? Renfrew or celf? If not I'd use that as my main argument.

I was my son is improving via non baselined assessments at school.

If you had a little spare cash I would do a formal slt test if your outside of repeating test timeframe. But my indi slt is quite reasonable and only charges £150. That's the cheapest option for me

I know what the OT means about self management - ideally at some point it will be wonderful when your child will have the insight, control, knowledge and skills to manage their own sensory needs when feeling overwhelmed.

Mine are a bit older than you son and I don't think they are at all uncommon in still needing prompts in accessing their sensory equipment when getting stressed. Yes sometimes, they self manage and will get out their fiddle toys or chomp on their chewy tube or hide under their weighted blanket and it's great when they do this independently.

Most of the time it is me or the ta's at school who have to direct them to use their calming things or take them out as they go into meltdown (often changing from happy to full on screaming and meltdown within seconds.) as they just don't have the resources to do so alone.

In a calm moment, mine can both recite what they can do if feeling stressed or overwhelmed: "I can use my weighted blanket" "I can chew my chewy" "I can use my time out card" "I can put on my head phones" (ear defenders) but putting this knowledge into practice especially when things change suddenly or occur without much warning, is a different matter and takes years of practice and they can't always do it.

Yes, sensory strategies are great and sometimes either I or they can spot their own frustration or anxiety building and can get in with an appropriate strategy before a full meltdown occurs. I would LOVE if this happened everytime, but so often it doesn't and of course they are reliant on the adults around them to help them manage their anxiety or frustration or sensory overload.

I think expecting a 6 year old with so many co-existing diagnosis to self manage their sensory issues is just ridiculous. It is lovely to be aspirational with our children, but we have to be realistic too.

Again, it just seems to be a 'justification' for reducing input but doesn't seem to have much sense behind it!

Stay strong !

I am thinking that I will need to get private reassessments done if they do make changes I am not happy with and I have to go back to tribunal. That's a good price for an indi salt 2boys. Do they provide tribunal evidence as well? The only formal testng done was a Celf subtest, which led the salt to use words like significant and severe when describing his difficulties.

zen you are getting great advice here, so just honks etc to will you on.

Thanks senvet. Am working on the parental contribution as we speak!

My indi salt did most of the celf. She's £60 a hour, so about a hour for the test itself. 1.5 hours to write up a six page report that won our tribunal with his age equivalent on too.

I'm in a very expensive part of the world too so i hope others can find slt at these types of prices

Wow 2boys, that's impressive. Just shows it's worth shopping around.

Hey Zen - just wanted to say so sorry you're having to do all of this - as if life wasn't hard enough!
I can't add anything to the excellent advice from above, except a honk to you

(have also recently changed my name on here, but used to be flook so have just revealed myself anyway! It was only incase anyone from DS's school ever came on here - unlikely!)

Thank you Marshmallow . Nice to see you are still around - hope your DS is doing ok!

Ah I won't hi-jack your thread re DS - has been a challenging year (but sadly as these boards are testament to - it seems to be nothing but!). I do hope we can all come back for the generation to follow us with massive success stories that it all turned out ok in the end