They're trying to fob me off aren't they? (statementing process)

[Jenkeywoo]

dd is 2 and has spastic diplegia - paediatrician has told me she will be non-walking at pre-school and start school with significant mobility needs. I have enquired as to how to start the statementing process and had this reply:

"Thank you for your enquiry regarding a request for Statutory Assessment for dd2. As you know from our letter of 22nd January 08, we are aware of dd2 following the notification from the Local Health Authority that she may have special educational needs. In view of her very young age it was decided to just pass the information on to the relevant professionals so that they would be aware of her needs when she started pre school. At that time the professionals would advise us whether there was a need for assessment."

I think they are trying to fob me off - she can't start pre-school and then they think about her needs - it's ridiculous.

They have said that I can request an assessment (for statementing) but need to state reasons why I think it's needed before they will consider starting the process. Is this true? I thought they had a legal obligation to do the assessment if I request it? Any thoughts on this much appreciated.

it's ridiculous but yes they can

you can request a statutory assessment, they can refuse, then you can appeal... welcome to the world of banging-head-against-brick-wall.

But seriously, IPSEA website has a model letter for sending to your Head of SEN. You'll have to give reasons why you think a stat assessment is necessary (e.g. severe and complex needs, is likely to need a statement so a stat assessment is a necessary first step)

Jenkey, your local Parent Partnership can also help.
Don't let the barstewards fob you off.
It takes ages to sort out anyway,so the ealrlier you start the better.

Parent Partnership can be funded by the LEA so can tow the party line. They are also thus not fully independent.

Also SOS:SEN are good at this whole minefield that is statementing as well.

IPSEA's website is www.ipsea.org.uk.

I find that if you word the letter like this:

"I would like to request a statutory assesment of my child for SEN under the 1996 Education Act." and then add a few sentences about the diagnoses you already have, they are under a legal obligation to assess. Or at least that's what I was told, but maybe check with IPSEA or SOS SEN as Atiila says. I certainly found that, after they'd fobbed me off for a year, the minute I sent in that letter they started the assessment process. Worth a try?

when our LEA refused to assess, I was given a very good tip by a parent on another board: ask to be sent - email as it's probably stored as file doc somewhere - a copy of their written criteria for statutory assessment. They all should have one. If you read through you can bet your bottom dollar there's something that applies to your child. Ours was there, in black and white: 'diagnosis of ASD'. Then write a letter to the Head of SEN pointing out that acting contrary to their own written policies constitutes maladministration (true!) and that you will haul their sorry assess to the Local Government Ombudsman if they don't stop playing sillybuggers. Or something a bit more appropriate than that.

Thanks, prepare for battle!

Our daughter was statemented at 2, so she went to a special school Nursery provision. She has CP and cannot walk. It's a shame it is such a battle some times. Good luck.

my dd2's very mild needs were picked up at her 2 year check by the HV...two weeks later I had a phone call from the Early Years Support Unit...the next week they started the first of their three assessments...the worker said that their policy was to act early so that when the child starts playgroup everything is already in place and no time is wasted. It was fantastic. The playgroup had a copy of the report by the time we went for a visit and the extra equipment that dd2 needed was in place on her first day...and her Early Years Worker visited her in the setting in her second week.
Long winded, I know, but shows that some LEAs are able to do this