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What to do if statement isn't being met

19 replies

Jimjams · 19/06/2004 08:46

After a big battle ds1 had SALT put in parts 2 and 3 of the statement. Then his SALT went on maternity leave- I have repeatedly informed the LEA that his private SALT is available to go into school, and they have repeaetedly said that they will (as in some unspecified time in the future) fund her to go into school.

He now has received no SALT input since Feb or March- I can check. Anyway spoke to the BIG boss in the LEA 2 weeks ago who assured me that a letter would be sent this week confirming that the private SALT can go in. Nothing.

I am ready to blow. DS1 probably has the highest need of SALT of any child in the authority who attends mainstream school. He has the language ability of a 12- 18 MONTH old. In addition to this he has a speech disorder. Even in the UK SALTS recommend that children wth his speech disorder receive at least 1 session, preferably 3 of SALT a week (from a SALT).

So am going to write a letter (copied to the MP and councillors- as I have had general contact with them regarding the lack of maternity cover- so I want them to hear our individual case). There is really no excuse as the usual excuse of "we can't get anyone" doesn't apply in our case.

Soooooo question is- what's the legal position for parts 2 and 3 of statements not being met- just want to know what I can threaten them with- is it tribunal or judicial review?

Will point out in monetary terms that if he doesn't develop at least good receptve language skills he will never live independently or even semi-independently so will end up costing them more. We moved down here over 2 years ago and in that time he has had 16 hours and 50 minutes of SALT time (not all contact time). A year ago BIBIC recommended that he needed and intensive 6 week course so that his difficulties could be accurately assessed - that has not happened.

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maddiemo · 19/06/2004 09:34

Just a quick reply, as I will need time to think about this. If the meeting you had recently was an annual review you should receive follow up paperwork which should offer you the chance to make your views clear to the LEA. Your LEA will have an ombudsman who can intervene if the LEA is carying out an injustice against you. The telephone no for this should be available from the council( check their website)

I would be tempted to go to the LEA offices (with ds1) and demand to be seen by senior officialsand refuse to leave until you have the private SALT funding letter. I know that you do not want to be pictured or named in local press but seriously consider it. Nothing seems to work better than adverse publicity. The combination of ds1's level of needs and mums pregnancy would truly shame the LEA.
We have constantly told the LEA that intervention now will save money later. They just don't care, once he is through the education system the burden falls to ss and so long as they can pass the buck this seems to them, acceptable practice.
Other than that IPSEA, NAS etc.

I am disgusted

hmb · 19/06/2004 09:43

No advice to give you but soooooooo angry on your and ds's behalf

RexandBen · 19/06/2004 13:50

I think you have to write to the DFES.

I cant beleive what they have done - its shocking

808state · 19/06/2004 18:53

Hi,

Would suggest you contact IPSEA as a matter of urgency. Their website is www.ipsea.org.uk and they should be able to help you further.

There is also a helpline number you can call. I have found them to be very helpful.

Hawaii

Jimjams · 20/06/2004 08:38

maddiemo- I rather like the idea of turning up at the LEA's office with ds1 I don't think any of them actually have any idea of what autism entails.

Which reminds me-overheard TWO very interesting conversations at the PECS conference. Both from teachers/assistants working in special schools, and both said that in the last 10 years their schools had changed completely from being SLD with quite a few children with DS etc, to now being almost entirely full of autistic children (although some of the senior years were still SLD). They all said that numbers had rocketed, where were they coming from blah blah blah - and that these were children who couldn't have been missed before (ie they are totally different than the seniors with SLD). I did question one of them directly about it.

Sorry bit of a tangent. Will write stroppy letter later today......

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Davros · 20/06/2004 11:07

Hi Jimjams, sorry to hear about this, so frustrating. What about getting the SLT to go in and bill the LEA? You could write to them to inform them but the SLT may not be willing.... OR request a Statement review? OR go to the Ombudsman. A friend of mine took Camden to the Ombudsman some years ago and won, I'm sure she'd give you some advice if you go this route.

BlossomHill · 20/06/2004 12:07

Jimjams - don't want to sound stupid but does SLD mean speech and langauge disorder? BH

Jimjams · 20/06/2004 15:48

Ah I've been googling this afternoon. I thought at this stage I might cc the letter to the ombudsman.

They have agreed all along that they would pay for the SALT to go in if they couldn't recruit, then 2 weeks ago they said they would send out confirmation that she could go in. I think its just called stalling- which of course has worked as there are only 4 weeks left of term. So I thought a letter expressing concern and asking for written confirmation asap (giving a time limit of course) copied to MP, councillor, and ombudsman may do the trick.......

My friend in the same position is going to do the same.

Blossomhill SLD means severe learning difficulites. Special schools used to be divided into MLD (moderate learning difficulties) and SLD - and PMLD (profound and multiple learning difficulties) but now more and more are being reassigned as being for communication disorders.

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blossomhill · 20/06/2004 16:45

Thanks for that Jimjams, still getting used to all of the SN terminology!!!
I feel so annoyed on your behalf that the SALT is not being provided. My dd with a language disorder didn't have any for nearly a year (huge waiting lists apparently) until she finally went into the langauge unit where thankfully she gets at least once a week. Alhthough they have a locum at the moment as they cannot fill the vacancy therefore lots of children are only having half of their therapy as a locum costs twice as much so again it's the children that need it the most that suffer.
I do think that you have a very good case though and wish you lots of luck that you get a result from the letter!!!!

Davros · 20/06/2004 19:29

Don't forget EBD which is what I am suffering from on your behalf

Jimjams · 20/06/2004 20:29

ROFL Davros

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maddiemo · 21/06/2004 19:40

All the special schools here are changing. My sons unit is currently MLD but will become complex/severe. Are the children that are in severe schools children that would once have been hospitalised/institionalised? I wonder if they were just labelled disturbed hopeless cases and put away

My HV says she is referring more children to the cdc.

Jimjams · 21/06/2004 19:49

The teachers at the SLD school I spoke to said that some of thier children are now quite academic- they get GCSE's - they just have severe communication disorders.

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maddiemo · 21/06/2004 19:55

Puzzled. Although understanding of complex disorders is improving and perhaps these children are now being given the opportinity to reach their academic potential.

The complexity of communication disorders is what I find so hard to comprehend. The uneven skills etc.

Jimjams · 21/06/2004 19:59

Hmm I think they were just saying that the SN has changed- that the increase is real and they are seeing it. Most of the teachers I spoke to said basically that they had to change the way they do everything throughout the school as these childen require such different interventions than children with learning difficulties. I think something that is particularly difficult is the lack of joint attention- I know that's one the hardest things I find about doing stuff with ds1.

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Jimjams · 22/06/2004 13:29

RESULT!!!! Well almost. Stroppy letter (threatening complaint to local govt ombudsman if no confirmation recieved by the end of the week) arrived on bigwigs desk this morning. Arrived back from town to find a (polite- which is unusual for our LEA) message from bigwig saying that she just happened to have drafted a short letter to me yesterday (oh what a conincidence) and it had been sent off to me this morning and gave authorisation for SALT to go on. Now just need to see if they have agreed to pay her at her usual rates (40 pounds/hour).

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coppertop · 22/06/2004 13:32

Well done, Jimjams!

What a remarkable coincidence that someone just happened to have posted a letter to you that very morning!

maddiemo · 22/06/2004 18:23

Good for you and ds1

Jimjams · 23/06/2004 15:42

Got written confirmation! Although has to be "reviewed" in September (NHS SALT not back until November!)

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