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WE WON OUR APPEAL!!!!!

37 replies

bonkerz · 04/10/2007 12:49

Cannot believe it! We have been granted our assessment! LEA also been told to conduct a FYLL psychological assessment of DS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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RnB · 05/10/2007 21:44

Message withdrawn

daisy5678 · 06/10/2007 13:11

I really am sorry to be so negative! I felt bad yesterday to be so 'yeah but no but' about it.

The diagnosis thing is a good point too, as the SENCO at my school is on our LEA panel who make the decisions about funding etc. and when J got his OT report and the psychiatrist brought up the autism diagnosis, she said that J would get more hours (he only officially has 23 hours) because of the extra diagnoses!

So wrong - shouldn't be about that.

However, J did get his initial statement without any diagnosis and when he was officially dx ADHD, the hours didn't change. So maybe my SENCO means the OT report brought up new 'official' needs.

Oh it's all so confusing.

I can see why you want him to get the support he needs now, and it's lovely that the head's so supportive. But LEAs are devious evil b@st@rds (and I have the pleasure of being employed by my son's LEA) and I would hate you to lose what your son needs.

Good luck - they don't make it easy, do they???

bonkerz · 06/10/2007 22:15

I know the LEA will try and fight a statemtn BUT i hope now they know im not someone to be messed with. As it stands i was told by ED psych that DS wouldnt get a referral to CAHMS....HE HAS....and was told by ED Psych DS wouldnt get assessment...HE HAS!!!! Time will tell i suppose and please dont worry about being negative. Its good knowing what other people have experianced cos i can now use all your knowledge to get the best for DS!!!

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daisy5678 · 07/10/2007 00:05

Our ed psych told me my son wouldn't get an assessment, even though she did believe he desperately needed the statement because she said our LEA only statemented pre-school kids if they were physically disabled and never for behavioural difficulties (which is what J's problems used to solely present as).

However, if your psych is saying your ds doesn't NEED a statement, I would get a private EP report - c. £300 - so that you actually get something in the statement that will be vlauable for your ds. Most of my son's statement was made up word for word from the EP report, so if your EP downplays things, it wouldn;t be ideal. However, if another EP (a private one) writes a report, they have to include their advice too. Just an idea.

AttilaTheMeerkat · 07/10/2007 08:14

teachermum,

IPSEA would like to hear about your particular LEA methinks because what they are doing is unalwful:-

The SEN and Disability Division of the DfES have now stepped in to advise all Chief Education Officers and Directors of Children's Services that they must not operate blanket policies of refusing to assess particular groups of children who have special educational needs, but must consider children's needs individually and on their merits.

daisy5678 · 07/10/2007 11:45

Attila, I did let IPSEA know, but they never did anything about it (over 2 years ago); ditto for the policy they have that dyslexic children can only be statemented if their reading and spelling scores are on or below the 1st centile. I sent them the documents and everything to prove it, but they weren't obviously bothered.

So I went to the Times and the Times Ed Supplement. TES did an article on how LEAs wriggle out of their SEN duties; the Times said they would, but never did.

Nobody seems to really care!

bonkerz · 07/10/2007 14:21

I have already spoken with the ed psych department and they feel that due to current ed psychs atitude it would be useful to have a fresh ed psych do the report. Also had my local autism outreach lady ring the head of ed psych on our behalf and they are now sorting it!

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daisy5678 · 07/10/2007 18:24

Brilliant - thank god for some common sense from LEAs

bonkerz · 17/10/2007 20:29

ITS ALL GOING TITS UP AGAIN!!!!

LEA have started the assessment and i have till 27th November to give info etc.
Found out yesterday that ED PSYCH will still be doind assessment and also that the LEA rep who was at the appeal will also be involved!!

How can it be possible that the 2 main influences on if my son gets a statement or not are the SAME people that i had to fight against to get the assessment!

Have been on phone constant trying to put across my views but just keep getting patronisig people telling me it will all be ok.

Ed psychs line manager tried to reassure me that i will be involved in any assessment Ed psych does and that i can view recommendations etc before they are submitted BUT This is the same ED PSYCH who told me DS doesnt need a CAHMS referral or Statemnt and who told me strategies worked with DS when he was being excluded!!!

Dont know what else to do!!
HAve asked for a meeting with case worker who was the one i had to fight at the appeal but apparently she is fully booked!!!!!!!!!!

It really does seem that the LEA will now do anything to stop me getting the statement for DS simply because i took them to appeal and won!!!

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daisy5678 · 17/10/2007 23:58

Oh mate - that is sh1te. However, they will be being scrutinised to make sure they do everything by the book, so might be a positive outcome.

I don't know what I'd do except have an tantrum and demand to speak to the director of education/ inclusion at the LEA.

But in reality, they'll say you can't argue against them with evidence until they've done something wrong this time. So hope they don't mess up, but if they do, and the statement's rubbish, you can just tell them you'll go back to Tribunal...and win again. They know the Tribunal will take a dim view of arseing about after being ordered to assess. Good luck. x

bonkerz · 18/10/2007 12:03

thanks teacher mum and i guess you are right that they will seriously have to watch what they are doindg!
TBH i am now expecting to be turned down for a statement and that i will have to go back to appeal BUT this isnt such a scary thought especially as i have all the evidence needed to prove he needs more support! Even in the report from the appeal board it states clearly that SENDIST feel DS NEEDS extra support to be able to function in school!!

Spoke to head again today who is really struggling with DS episodes and rages at school! She has had to ring CAHMS for advice ALOT recently and is logging EVERYTHING! She also said that DS had a major eposode yesterday morning and after it he fell asleep because he was so exhausted, she felt she really didnt know what to do or if she could carry on doind as much as she is for DS as currently it is her offering the support to his teacher and she is being drained!

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bonkerz · 18/10/2007 20:36

well another day and more stress!
things have gone from bad to worse really at school. Another episode today which left head feeling really bad. DS had to be restrained alot and has been formally excluded tomorrow as head feels she and her staff need timeout. She is going to use tomorrow to ring county hall and explain she really isnt able to keep DS in school without more support. She said something about ringing a pupil referral unit about getting a day or two there every week. She is haveing to convert a medical room into a safe soft room just for DS as she feels he is not safe in her office!
Rang CAHMS and DS is 15th on waiting list BUT head is going to ring them tomorrow and stress how bad things are.
Case worker rang me today and i ranted for a while about how i felt about things. She assures me that she will be pushing for FULL TIME 1:1 care for DS as she feels its the only way he will be able to stay in mainstream school. I know we wont get this but im glad she is on our side.
So for now DS is home with me till after half term. When i explained to DS he couldnt go to school tomorrow i had tears and sobbing as he genuinlly loves school!!
Am feeling exhausted and am now not looking forward to half term at all!

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