Statementing when the child is achademically able....

[MrsForgetful]

as i understand it the criteria is the child has to be 'not moving forwards'...'more than 2 years behind'.....in our area 'in the bottom 2%'....

well...my sons both with Aspergers...are deemed to be at or exceeding targets....but ds1 at 13 writes as a 6yr old (no improvement for years)....so struggles to record his work.he also finds tracking from whiteboard to written work so hard.
most of the work he does is illegible....and gradually more and more is being written for him by a TA.....has had some use of a laptop at school- meaning he gets to record his own work- which he prefers.

ds2 is 10 and already at secondary level for maths....but behaviourly/emotionally as a 5 yr old really. his frustrations show as anger mainly- low self esteem and frequently gets mocked as he crys alot in class....which was ok at age 5...but some of the kids in his class really go to town when he rolls around crying at age 10.

so...i'm thinking....ds1 will be year 9 next year..and GCSE options start....

and ds2 will be yr6....and the transfer to secondary school will be looming....

so feeling very anxious that we really have now reached the point wher we must do something even though schools keep harping on about how bright our boys are.

please can someone help...i just want to know how we put our case properly...stressing the social skills problems both boys have and how that impacts their acheivements

A lot of the IEPs I've seen as a secondary teacher have included behavioural/social skills targets. I would definitely stress these aspects, and the handwriting one, when speakingto the school.

One former pupil who was statemented had a laptop all the time. I can't remember what he was actually statemented for, but know it wasn't either a physical or learning disability, so although he wasn't Aspergers there may be some similarities.

Mrs F

Socci (hello) speaks sense here as always. She is correct in what she says.

LEA's cannot discriminate in the way your LEA are doing by saying, "in the bottom two percent" - blanket policies are illegal. The Dfes has told LEA's to stop operating in such a manner but some continue to do so regardless.

Would also suggest you contact IPSEA and put the request for a statement in writing to your LEA asap. Don't let the school do it - it needs to come from you. It won't be impossible for you to get a statement but you may have to go to tribunal to get it for both boys.

I reside in an area of this small island which gets MANY complaints to IPSEA about the behaviour of its county's LEAs. IPSEA are on the case and have clout, they can and will help you. Never give up, these are your children here and you are their best - and only - advocate.

I know of an AS child who has no statement and its heartbreaking to witness his suffering in school. Like your two boys, he is also "academically able" but his social skills are just not up to speed with his peers. If the LEA refuse to assess appeal their crass decision!!.

IPSEA's web address is www.ipsea.org.uk. Do look at it and contact them.

Also from IPSEA's website:-

Devon County Council have given IPSEA an assurance that they will drop their plans to refuse statutory assessment of children unless their needs are "severe" and "lifelong".

Following a challenge from IPSEA that such criteria would be unlawful and would result in hundreds of Devon children not having their special educational needs met, the Council have agreed that assessment is necessary whenever it is probable that a child's special educational needs cannot be met by the provision available to their school ­- which is the current position in law and in the Code of Practice.

IPSEA is anxious that all parents ­- not just those in Devon ­- should be aware that there is a push from both central and local government to reduce the numbers of assessments undertaken and statements issued. But it is vital that parents are aware of the danger this poses to their children, particularly if they making limited or no progress because the resources available to the school cannot meet their needs.

IPSEA's Campaigns and Complaints Officer, Brendan King, has the following advice for parents whose children have special educational needs but who do not have statements:

If your child's needs are not being met by the school and your child is failing as a result, then a statutory assessment is necessary ­- indeed, it is your child's legal entitlement.

But it is not likely to happen unless you, as a parent, requests it.

Do not be put off by talk of Government or LEA targets and the expense of assessment. Get your request in, in writing, to your LEA as soon as possible - you can use our model letter if you want. Make it clear that you will appeal to the Tribunal if the LEA refuses assessment. Last year over 60 per cent of parents appealing to the Tribunal against refusals to assess were successful ­- that is, the Tribunal agreed with them and ordered their LEA to make a statutory assessment.

If you think your LEA is operating an unlawful policy with regard to assessments of children with special needs, please contact IPSEA.

Hi Mrs F. I would be very interested to see how you get on.

As I said on the other link I am interested in how this "push" can happen without a change in the law. As I understand it, there has not been a change in the law.

I appreciate I might be wrong here.

If the Govern want to change the law, then they can but they have to do this via the usual methods which should involve some sort of debate.

Mind you with the sort of idiots in Parliament that might not amount to much but at least it would be out in the open.

Hi Socci

What I am referring is various rumours I have heard that the LAs are being told by Government to restrict the amount of statements being issued as more funding is going to go to the schools for general "special needs". This obviously could be all sorts of things. Statements are to be reserved for the "worst" 2% in mainstream.

As I understand it (I don't profess to be an expert at all here) the law regarding statements is set out in the Education Act (don't know the year). If the L.As are changing the goal posts for applying for the statements then surely there must have been a change in the law somewhere?

I guess IPSEA might have more information on this. I haven't done any serious research, I am just repeating things I have been told anecdotely by other parents so I might be barking up the wrong tree here.

If the L.As are changing the goal posts for applying for the statements then surely there must have been a change in the law somewhere? by
caroline3 on Saturday, 9 December, 2006 10:54:20 PM

no, but from my understanding the government have brought in a system where the senco in the school has to fill out a huge amount of (sometimes irrelevant to the individual childs needs)paperwork before any statement request would be considered and the same continuos paperwork for statement reviews.
My dd has a statement as she has cp and has had a statement since 2.5 years of age as I fought for it but last year (april 06)when the system had changed it was a nightmare especially for the school.It took them 4 hours (and that was with 2 or 3 members of staff at times)to complete the paperwork.
This system is also in place for IEP's so some parents may find that their child(according to the school)no longer needs an IEP but really it is a case of the school senco will have had to prioritise the children with the most need for an IEP as the senco can't physically and cost implication .
I have already had a thread with this being discussed in the last 6 weeks(think it's under special educational needs)

Does any one have anymore info????

Thanks a lot Socci. Do you know where I can get hold of the SEN Code of Practice?

oh it makes my blood boil when i hear this about "academically able" children not getting assessments/statements.

Socci is right this has happened to us with DS.

DS has an IQ of 132, is extremely bright but cannot cope socially and writes like a 5 yr old (he,s 10), he has been out of school for over 12months due to extreme anxiety/OCD.
LEA refused to assess him - their main reason?
"we note his high level acheivements"

So, we dispensed with the CAMHS psychiatrist who has a very cosy relationship with the LEA and wouldnt give us a dx and got a specialist psychologist involved, he dx.d DS and has been to every meeting since and the LEA hate it.

We started the tribunal process off and 2 days before the hearing they backed down and agreed to assess and we have been informed that a proposed statement is being issued.

the best person to request an asessment is yourself, dont wait for school to do it as they will fob you off, we are not waiting for DD,s nursery to start off the process we are going to start it ourselves.

There is definately a change in atmosphere re statements, i know that from what the PP lady has been like, she,s really pushing for us not to apply for an assement for DD - but we are not taking any notice.

HTH

Can really recommend a fantastic organisation called SOS!SEN run by a remarkable lady called Marion Struthwick. They run courses you can go on on how to take on the statementing and tribunal system. They do tend to push the solicitors and baristers and Melinda Nettleton and John Friel although providing help for free on these courses do tend to blind the audience with legal stuff (which is scarey and boring and I think makes some people think they can't cope without a solicitor (they get expensive and the LEAS are getting to know their tactics - they are also rather bulldogish in their approach). I found the course really useful though for the people I met and Claire Franklin on ASSET - a charity designed to help you through the tribunal process was brilliant and we won our case with her help (cost a bit but not very much compared to solicitor). Do remember there are independent special schools out there that the LEAS keep very very quiet about. They are expensive and it is up to the parent to make the case but help for bright aspergic children is out there - you have just got to find it.

Flyingmum - could you let me know how to find the independent schools you mention?

My DS is according to his current school bright and probably AS.

Looks as though I may need to consider this in the near future...

Thanks
RR

There are a variety. I visited a few and can recommend. St Dominic's in Godalming; Standbridge Earls in Hampshire, southlands School in Hampshire (very very very expensive - no LEA is going to agree to it so you will HAVE to have a watertight case - the pupils are also very quirky, Sunnydown school in Surrey (LEA school), Forest Hill in Frome, Farliegh College near Frome. What you will discover that there are special schools and special schools - some I visited said they were special schools but didn't want kids who were too quirky. so if you have a quiet aspie who isn't too quirky then Standbridge would be brill but if they are a desk thrower or are somewhat quirky then one of the others would be better. I just found these via Marion Struthwick and by fiddling about on the internet. There are many many more. The Gabbitas guide is a good starting point. If you have a very bright Apsie who is quiet and not too odd - could manage in mainstream but in a smaller setting then 'normal' independent schools may take them on but you MUST choose carefully because often they may happily take a child on only to dump them or make you feel very uncomfortable at the first sign of trouble. I would in the state sector at secondary and we do do very well with aspie kids academically and we have one year 7 at the mo who is an aspie who is mega mega brilliant and seems to be coping OK. I knew mainstream secondary was not right for my chap because he is just too 'odd' when he is stressed and can scream the place down or spin all the time - even thoug when not stressed he is pretty OK. Sorry I'm waffling. I shall go!

To find my original schools - I typed in Dyspraxia and aspergers and school in Google and took it from there. Sandy Row's book - how to survive the special educational needs system - how to be a velvet buldozer' is brilliant and she has a website too.

This is really interesting - thanks for the info.

It is so hard to know where our AS kids would have the best chance. I am very worried about bullying at secondary and how ds will cope in general.

RR - how is your ds getting on at the moment?

THANKS to YOU ALL!

so.....I could get a private specialist to write a report....the LEA could ignore it....then i can appeal.....so it is worth getting as many specialist reports as we can?

at a SENCO meeting last year the LEA representitive just kept rubishing private reports....and whilst i know paying out for a private assement will not guarantee...if eventually at tribunal someone does glance through it...then at least i will know i have done my best.

in our case i suppose we are best to assume it will take ages...appeals etc...and expect a battle as nothing is clearcut with our lads...
i just feel that for 3 years i have been 'shall we/shan't we' request an assesmnet....then i swing from positive confidence (when i read a sucess on hear!)...to total despair at being told 'they are too able' by teachers and sencos etc......so i feel now that to not bother is not an option....i will contact ipsea...i've even felt daunted about that cos i get anxious on the phone....thanks againxxx