Appeal for request for statement. HELP

[bonkerz]

My appeal date is 26th Sept. I initially applied for the statement when DS was at another school. It was refused to assess because DS is acheiving above average. Since applying and appealing DS has started at new school (lots of exclusions and complete breakdown in communication with old school)
2 weeks in to new school year and ds is settling in. He is currently having one bad day a week (no where near as bad as he was at old school) New school seem to be able to catch DS before he sparks and appear to be coping brilliantly..
My question is that im now confused as to the direction i should be coming from when i sit at the appeal! I do still want DS assessed and believe that just because DS is an intelligent child does not mean he doesnt need the extra support for his behaviour. I need to go into that appeal and really fight for an assessment purely based on DS behaviour at last school and am worried appeal board will dismiss us because new school are coping better and have more experiance with aspergers children.

I have no experience of statementing but think you're right to continue. The fact that he's okay on some days doesn't cancel out the days where things go wrong. Even with their better tactics the school have still had problems for 20% of the time. What happened at the previous school is evidence that things can go very wrong.

Good luck!

Thanks CT. Im so worried about this. I really think that unless we get the assessment for a statement that DS wont cope in school. I know if he was assessed they would agree he needs extra help. Does anyone know anything about statements for behaviour rather than education?

bump!

wondering how long he's been at this school? Just that ds1 has a tendency, certainly in the past, to a long drawn out transitional stage- by which I mean that he retains the behaviours until he feels safe enough in an environment to display them.

So the fact that he isn't kicking off atm doesn't mean he won't, iyswim.

I would go from that angle- statements value in preventing behaviours, and emphasise that each child ahs a right to be supported to attain their potential, whether that's (for ds1) reading or (for your child) measurable academic sucess

thanks for the bump CT and the reply Peachy.
I do feel DS is in a honeymoon period currently and have no doubt his behaviour will get gradually worse on the run up to christmas. Even the head pointed out Friday that DS is now settling in!! I think i just need to insist that DS gets assessed really. the only reason they have refused to assess for a statement is that DS is above average acheiver! Our county doesnt do statements for children who are achieveing even if they have severe behaviour and social needs!

This information is all in the SEN Code of Practice which has detail about requests re behaviour and there is a parent leaflet that supports you with SEN CoP that is available on the DfES web site.

My one cautionary note would be that support is for children who are unable to attain educationally. You would be right with your concerns and it would feel like banging your head against a brick wall.

If your child is failing to attain the 5 outcomes outlined in the every child matters ECM agenda (i.e. they are being successful in their educational attainment) then perhaps you need to be looking toward a CAF (a common assessment - available on the every child matters Web Site) and showing that his need is impacting on his wellbeing in the broader sense and getting a more whole child focused solution rather than a statement related to his educational achievement. The thing I like about the CAF is that it gets you to think outside the box and helps all to see the big picture. It will help you to use the language of the moment. We often forget to celebrate how well we deal with very difficult situations and the CAF supports us to acknowledge this and looks at solutions from all angles. If nothing else lookin at the ECM website might help you to prepare for the appeal.

Perhaps you could ask for a note in lieu that will be invoked if he starts to need that extra support. Why not talk to the SENCO and see if there is a way to support which is less of a battle drawn on black and white lines between you, school and the authority? I have had two families with children with medical needs that have gone down this path and it has meant that they have had the support when they needed it, the school has supported in the immediate with devolved funding but the LEA has come up trumps when needed. Win win!

With regard to statements for others wishing to request one themselves - If you go on the Early Support web site there is a booklet on this subject which would helps with this. Do not be put off by the info being for young children as it is relevant for all.

thanks for that. have printed off a few things and will talk to my parents in partnership lady on wednesday. We already have loads of agencies ivolved with DS and juts been told we have been accepted to CAHMS for assessment. Am terrified of this appeal mainly becasue i dont think we will get the assessment due to DS being very bright.

this is the thing though. Ideally my son needs a constant support worker BUT he is so unpredicatable its difficult to say when he needs it. ATM the head is called when DS is having a 'moment' and this is good but im worried about the times the head isnt available and the teacher has to cope alone. It has been recognised he needs atleast 2 people present for his own safety and other peoples safety when he is having a full on tantrum BUT these tantrums can be daily or not for weeks. His new school have already picked up on DSs need for routine and structure and also that he doesnt cope with rnadom changes or inconsistency and are trying to combat this by extra support when teacher out etc. His teacher has also recognised that DS needs alot more mental stimulation than other children and prepares work for him to do this. Also learnt today that his teacher has devised a whole new rewward system just for DS to access as the old one wasnt working! Got IEP review tomorrow so will chat with school about it then

Do you think it would be really silly to pull out of appeal now? Is it better to go and get refused than not go at all?

It is perfectly possible to get a statement purely for behaviour. My son, now 6, was statemented at 4 with no firm diagnosis (now diagnoses ADHD, dyspraxia and probable HFA) purely on behaviour and emotional problems. On the grounds of everyone's safety, he needed full time one-to-one, and got it.

Hie's in the top 10% for intelligence, but that can be irrelevant, and it is clear that even a bright child will not learn if behaviour prevents it.

Good luck - you've gotta fight to get it.

am currently trawling through 400 pages of reports and evidence. Got to catalogue page numbers that support criteria for assessment! Am knackered. Think the only thing that may hinder us are the use of the words significantly delayed. DS didnt achieve the predicted grades that the school said he would but was only tiny difference!