Have posted on SEN for advice on getting a statement

[Marvin]

just wanted to flag the post here in case you wonderful people don't all see the SEN board. we want to find a lawyer to support us as we apply for a statement.

thanks.

Hi

Have read your other posting - how old is your DS?. Are school supportive of you applying for the statement, how have they responded?.

TBH I would apply for it yourselves to start with without any legal intervention from a lawyer and then bring in the big guns in reserve if you have to go to a Sendist Tribunal. IPSEA's website have model letters you can use for the LEA.

If you do go down the lawyers route you need to find a firm with specialist knowledge of educational law. The Law Society and IPSEA could hopefully give you a few pointers along with the National Autistic Society.

Best of luck with your application. Let us know how you get on.

He's 5 - in reception. Been on action + for 2 yrs - preschool managed superbly.
Not quite sure what the school thinks - they feel they are making a pretty big effort to support him, but they are (a) are simply missing the mark a lot of the time, and (b) he really needs FT 1:1 and they are providing mornings only (plus (c) we could include all sorts of things in a statement that won't happen without eg SALT). Head is a bit reticent about statement, I think he doesn't want to admit they are failing, plus I think he is a little out-of-his-depth, and concerningly he has intimated that a statement may give fewer hrs than the school are already providing. Plus some stuff I don't understand about funding .

We would prob put everything together ourselves as coming from us, but have it reviewed by a lawyer. DH is worried about - for example - not putting enough or the right stuff in the initial request letter and then having to struggle because we failed to word it correctly or forgot about something .... personally, I want to get the request letter in quickly and work from there.

As he's five its a very good time to put your request in for the statement now.

You are correct; just get the initial letter sent in, Not that you would but certainly don't leave this statementing business till he's in year 3 (Junior school). The longer you leave it the harder it seemingly becomes to obtain a Statement.

Would suggest you use the wording from the initial letters that IPSEA use. These are good and importantly to the point.

Bear in mind as well that these things take months to set up, average is six months and it can take longer than that. So you're looking at his statement starting in year one if you're fortunate.

SALT in a statement will be a challenge for you to receive, it will need to be in Part 2 of this document.

Some LEA's are now actively devolving powers to school basically saying to schools, " well you sort it out". IPSEA on their website have more details re devolving of LEA powers to schools. This causes no end of problems both for school and SEN children as without a statement these children have no legal protection.

You don't need much initially - what you need is the initial enquiry letter to the LEA, the LEA must reply within six weeks. Note that date on your calendar. The initial task is to get the LEA to agree to assess. Bring your big guns in when you need to in the (not unfortunately unlikely) event this goes to a SENDIST tribunal; this will save you both time and expense.

Keep trying IPSEA's helpline; I have been able to previously get through to them late morning and they also have an email facility.
Also NAS or SOS:SEN can give pointers.

HTH, good luck!!

thanks.
how important is getting the initial letter right - does it make a difference to what they'll cover in the assessment?

Hi

A lawyer is going to cost you. Melinda Nettleton is pretty well known in this area (but is seriously scarey ). Other help groups like IPSEA and SOS!SEN are brilliant as is the NA advocacy service. You need to collect together your evidence of need, ie, independent reports which state, for example, why he needs SALT and how much SALT he needs. A statement is only as good as its specifications. It was explained to me that you have to get part 2 right to get part 3 right and then get the other provision sections right. All LEAs will try to put SALT under 'non-educational need' this is so they don't have to pay for it. If you have not got water tight evidence then they are not going to give it to you.

I recommend Claire Franklin of Asset. Its a charity and although you have to pay it is not as much as a lawyer would be (in the low hundred rather than the several thousand mark). She is very good but does limit herself to only a few cases at anyone time. She is not a lawyer but has done over 300 SENDIST tribunals and is very experienced. Her email is [email protected]

Good luck

All the intial letter needs to say is "I am requesting an assessment of my child's Special Educational Needs under the 1996 Education Act. Then a line or two specifying his SEN. This triggers the next 6 week period when they get reports. Without that letter, the process never gets triggers. Agree Ipsea are fantastic!

instead of a lawyer have oyu contacted your parent partnership group? what area are you in. Maybe look at local council website which should list similar.
I appleid for assessment for statement for DS by myself and got refused due to DSs intelligence. I was helped by parent partnership free of charge and won our appeal and have just been issued 15 hour statement and are currently battling to get that upped to full time. As far as i am aware a lawyer isnt necessary till you have to appeal against a statement issued. The first thing you need to do is get the letter in and i asked for an assessment using the IPSEA letter. You then get longer to gather evidence from school and other agencies involved.

hi marvin

i am a parent of a son with AS.
he spent 2 years out of school with severe anxiety stress, we took our lea to 3 tribunals (although they backed out of each one the day before).
we didnt use a solicitor but we did use IPSEA who were fantastic.

i wouldnt worry too much about getting the correct wording on the initial request letter, like aquariasmum says it needs only a line or two specifying his SN.
there are a few on here who have statements for their children so please post as much as you need to, i know i did over 2 years, i must have driven everyone mad!!!!

Well, it CAN be refused - mine was, twice - but then appealing, writing to my MP and constant phone calls made them magically reconsider and, oh yes, he got 23 hours of support. Eventually. So much for not meeting criteria then.

I think it's very common to be refused assessment. Once they finally agree to assess, they will usually issue a statement.

My son's statement application was also refused twice before the LEA gave in to us - its not uncommon at all unfortunately to be refused at the first hurdle. If the LEA say no you must appeal their crass decision.