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Well now am offically confused!

4 replies

WedgiesMum · 30/06/2008 21:38

Got a letter from the LEA saying they will not statutorily assess DS (aged 9 with AS) because he has no dx (only for 2 YEARS!)and not enough information was provided by school so from what they had they feel school can manage him. This is in the week he ran away from school and was missing for over an hour without the police being called followed by a 4 day exclusion for a stress response to changing his routine at school - he hit a teacher.

Same week we get a letter from the DLA people saying we ARE entitled to higher rate DLA and lower rate mobility because of his needs.

So why can those notoriously hard to please DLA people see the problems and not the LEA???

Naturally am appealing but need to see the Inclusion Officer who is to verbally feedback on the LEA's decision before we do. And as for school.................well words fail me..............

Is this a common scenario, or just something that is sent to try us???

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Seuss · 30/06/2008 22:50

What?!? I am speechless!

Candlewax · 30/06/2008 22:56

Cock ups are very common. Anything for the LEA not to have to assess because if they do assess, they might find he needs a Statement and that could cost money! The LEA like us all to be uninformed parents and to take what they say as gospel. The SENCO at my ds's school sent in her paperwork on the VERY last day of them deciding whether to assess or not and on the VERY last day of where the placement would be for the Final Statement. Some schools and LEA's have a lot to answer for.

Good luck with your Appeal. I just cannot believe that they are refusing after what you have said! Once you have put in your evidence for your Appeal, I would be amazed if they did not turn round and agree to assess before your Tribunal Hearing. Shame on school for letting you down so badly.

daisy5678 · 30/06/2008 22:56

Completely common, sadly.

They can't refuse to assess because of no dx. It break the SEN Code of Practice, which categorically states that Statementing should focus on need, not dx.

J was Statemented at 3, just before he started school, after a year long fight. He had no dx except a possible ADHD, but was at nursery full-time, who provided a mass of info, but we were turned down for assessment, despite the nursery saying he needed full time 1:1 for safety reasons (climbing, hitting, biting, running off, hitting kids/ adults with knives and scissors). The reason? Didn't meet criteria. Which criteria? They wouldn't say!

We then appealed and wrote to our MP. They agreed to assess, and we withdrew our appeal. They Statemented him and he got about 23 hours, which the school topped up to full-time from their own funds.

The unsafe behaviour carried on at school and worsened. We and the school repeatedly requested full-time funding. The LEA refused. J was dx'd with ADHD. They still refused (rightly, I guess, as his needs were no different just because of a dx - but not rightly, as he should have had full time in the first place!)

The unsafe behaviour continued into Year 1 and Year 2. He got dx'd autism as well at this point.

We appealed to SENDIST and wrote to our MP...cue big backtrack and 33 hours of 1:1 support.

You have to evidence EVERYTHING. The key words are safety of self and others. You have to write to everyone who can help - our MP was fantastic, and you have to get your SENDIST appeal started.

Think of the refusal like a screening technique. They say no to (virtually) everyone and then that saves them money, as only the ones who care enough or know enough will push for something to happen.

Good luck - be one of the ones who pushes. My J wouldn't be in school any more without his Statement.

WedgiesMum · 01/07/2008 21:32

At least it's not just us then!

The meeting with the Inclusion Officer is at school with Head and SENCO and have a long list of 'issues' to talk about! Went to see lovely lovely paed yesterday who is so cross on our behalf she has volunteered to come to the meeting next week - and school are scared of her Teach them to be horrible!!!

Not giving up now, DS too vulnerable and in too much need of self esteem boosting.

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