Our reasons to appeal, what do you think of this........?

[Thomcat]

So we started the process to get Lottie statemented. We had a letter back to say no they won't assess her because in some areas she is developing age approprite skills. Well can't think what those skills are thb or how they came to that conclusion from evidence submitted but thats the way it is. So we're appealing, as discussed with some of you girls already. Here is the draft text which with a bit of work will be submitted as the reasons we want her assessed and hopefully statemented:

Our primary reason for appealing Charlotte?s Statementing assessment is that we strongly believe that Charlotte?s lack of mobility greatly hinders her learning progress.

Charlotte is unable, and, indeed, unwilling, to stand unaided; and even with support, can only tolerate short periods of standing.

Professionals who have known Charlotte since she was 3 months old give a ?best estimate? that with regard to her standing, let alone walking, we are looking at approximately 12 to 18 months.

Also, as is common with Down?s syndrome, Charlotte?s speech is extremely delayed. She has a small vocabulary of spoken words and uses Makaton sign language, and is able to communicate with this ability. Unfortunately none of the teachers at her nursery know any Makaton signs.

Due to her total lack of mobility, combined with her extremely minimal communication skills, Charlotte is unequivocally unable to access her Curriculum, and is therefore unable to progress as well as she could.

In addition, we are concerned with Charlotte?s safety as she is unable to communicate sufficiently with her neurologically typical peers and her teachers and she is unable to remove herself from any given situation.

In summary:

Charlotte has Down?s syndrome.
She is unable to walk or stand to

• fully access her curriculum
• remove herself from a situation where she feels unsafe or uncomfortable She is unable to communicate sufficiently to:
• fully access her curriculum
• inform her teachers and peers of issues relating to her safety

Children with Down?s syndrome can progress well in certain areas. However there are significant delays in others, and this is manifested in Charlottes case with severe delays in Gross Motor skills and speech development.

What do you think, any opinion?
TC x

I think that is brilliant Thomcat. I really think that it is ludicrous that they have refused to assess Lottie. I mean as I have said to you before my dd is age appropriate and above in everything but her language, which is disordered. However, without competent language skills there is no way dd could cope without a statement and I think that sounds the same for Lottie. As you have pointed out with limited mobility Lottie will need a fulltime 1:1 and without a statement who will pay for it?
I thnk you have outlined your case really well and cannot see how they can refuse again! Good luck and if you need any help at all as I have been through it all before please feel free to CAT me! BHxx

Sounds good to me Tc

hi TC, I think you may have to emphasise the safety aspect less as it seems to be a major argument and is not "educational", although I can see what you mean, you have to play it their way and emphasies educaional very much. You say her speech is delayed, what about communication and by how much is it delayed? I don't think they will care that her teachers don't know Makaton but you could say something like "she needs to be in a signing-rich environment to meet her need to communicate using Makaton signing". I think being able to walk/stand to access the curriculum and remove herself from danger is relevant but you need to emphasise that she can't access the curriculum enough and it therefore severely limits her learning which would be transformed by having appropriate support. I would put in a lot more about how her learning is affected by not having support.
HOH

Sounds fine to me TC (not that I have a great deal of experience).

BTW did I see you all in the Abbey National magazine?

Sounds great Thomcat!
What about feeding? Can Lottie feed herself? Could you mention needing help to learn effective self-help skills?
If Makaton is Lottie's main form of communication, then she has the right to learning support from somebody who can talk converse with her!

and toileting - clearly Lottie can't take herself off to the loo, pull her trousers down etc. She can't go and get herself a tissue when she needs to blow her nose but has to rely on someone doing it for her, little things which all add up.
It might be worth laying it on a bit more and also emphasising what a different extra funding would make - an extra pair of hands at nursery, a Makaton course for the staff, that sort of thing. Also something like "Due to Lottie's multiple disabilities (lay it on!) it is imperative that the curriculum is differentiated and that a more formalised approach establishing her learning goals is taken. Clearly, Lottie is a child who will require additional help to reach her potential."
God, they really are very naughty. As if there isn't enough paperwork to wade through.

Thomcat My provides a support assisstant for SEN pre schoolers without needing a statement. My LEA will not statement a pre schooler but still has to provide adequate support, although parents have to still fight to access it.
I agree with Davros, you really have to hammer home the educational aspect of her needs. The buzz words of the moment appear to be early intervention. I would write that without adequate support in these essential pre school years the gap between Lottie and her nt peer group is likely to widen therefore in the long term Lottie will need more support and cost the LEA more money. Early intervention now will help her to more readily access the national curriculum at school age.
IME it is all about money and not the childs needs. What exactly does your LEA provide in the way of pre school support if it doe not statement?

Brilliant girls, yes you're right and I'll have another play with this when I get home tonight. Thanks very much, on re-reading our reasons and listening to you girls I ca see I need to be stronger, more forceful in areas and can see what you mean Davros about the saftey/educational thing. No she can't feed herself or take herself to the toilet so I'll bring all that up too.

So reassuring to have your help, it's MUCH appreciated. You need to get these things right first time.

maddiemoo, its illegal for your LEA not to statement a pre-schooler as policy!!
TC, on second thoughts, if you want her in m/s, whcih I think you do, then forget the "signing rich" environment but definitely talk about Makaton training for staff etc.

TC, I will take a look at dd's mainstream nursery policies again and see how I feel she will need extra help. I know Lotties mobility situation is even more relevant but I will see if I can come up with any ideas too. I need to do it for dd anyway,but I can't promise it will be of any use.

Blimey, LEA's, SENCO's, IPSEA's, Parent partnerships, criteria's, statement, assesments, tribunals, evidence, ...............

!!!!!!!!!!!!!!!!!!!!!!

Agggggggggghhhhhhhhhhhhhhhhhhhhhhhhhhhh!!!!!!!!!!

No wonder I'm getting through so much wine!

On a large G&T...
Will look at dd's statement tomorrow and post some more useful stuff. Good luck- you sound like such a lovely person (am clearly drunk now) and Lottie sounds absolutely gorgeous.

Cheers jakbrown, you bought a smile to my face in the middle of me getting myh head round statementing, thanks for that

Davros I know that some people have got a pre school statement in my LEA but have had to go to tribunal for it. Mostly though children are kept under reveiew or under going assessment and they manage to drag this out until the age of four and then only statement if they really have to. I think my LEA is the 4th highest for sen tribunal in England.
Having said that my ds3 got a placement at a special unit at the age of 3, but it was always an assessment place with reviews every term to see if he still qualified.
My ds4 is waiting to get an indidvidual support asisstant for mainstream nursery. We have just found out that the waiting list for this is 1 year and of course without a statement I cannot enforce this.
Thomcat What kind of provison do you want for Lottie? Davros is right chose words carefully to get the right provision.

Just gone through all this now I'm at home and not at work.

Your advice is great, all of you.

Maddiemo, I want someone to be there for her who can sign and communicate with her, who can understand what she's saying and encourage her to express herself. Someonewho knows how she works, who can encourage her to stand while playing and how to encourage her to walk from one activity to another.

Luckymum - yes, that was us in the Abbey Bank mag!!!!!!!!!!!!!!!!

I was thinking in terms of placement TC. If you want to keep her in a mainstream placement you would need an individual support asisstant to allow her to access all activites and attain her potential. You would also perhaps like a pre school senco to attend her nursery to give advice and support.
Maybe you would like a SALT to attend nursery to help advance her communictaion skills in a mainstream setting.
Its just you need to include what kind of setting you would like Lottie in and how this could be the most beneficial to her.
Good luck

Sorry maddiemo, I'm a virgin!!! Not finished cluing myself up yet. so difficult to get my head round it all when I'm doing most of this at snatched moments at work. I'm picking up the lingo as I go. Just heard IPSEA for the first time today. I'll gt there!

Thats ok Thomcat. I just don't want you to end up being offered something you don't want for dd. My ds3 has the placement I wanted but the actual provision and description of his needs in hs statement are useless empty phrases that can be interpreted too broadly.
I remember how stressful I found the whole process and all the things I have now learned with the benefit of hindsight.
Hope it all comes together for you without too much stress.

IPSEA???[clueless emoticon]

Thomcat I don't know much about it as, on the advice of an independent ed psych, we decided not to appeal against our LEA's refusal.

However I think that from what the ed psych said, the buzz phrase is "accessing the national curriculum at an age-appropriate level" - so I think you are right to emphasise Lottie's inability to do this.

Very best of luck. ARe you getting independent representation at tribunal?

Thanks girls.

Dingle - IPSEA - have a look here

Sorry TC only just seen this but yes to echo what the other girls have said I would go through all 6 developmental areas and come up with examples of how an inability to do x will hinder her in y aspect of mainstream ed. For Audrey, help with toileting (and dedicated support when we went through potty training), eating her lunch etc were as important as needing help changing for swimming (like other 3 year olds didn't but as usual you are playing up the negatives, depressing tho that is) and holding a pencil, concentrating during story time etc. Good luck, grit your teeth and go girl!