Hailing all statementing gurus...

[debs40]

I need a bit of advice for some friends who are trying to get a statement for their son who has AS.

They sent in a detailed request, making the deficits in their son's learning potential (high IQ but not being reflected in results , e.g. poor reading level etc despite SA+ for several years) has been dismissed out of hand with the statement that his needs are 'not sufficiently severe or complex' for them to carry out a statutory assessment.

I didn't know needs had to be proved to be so for an assessment to be conducted??

They are lodging an appeal but any advice on the best of way of tackling this would be much appreciated.

I wouldn't have used the term 'learing potential' or mentioned a 'high IQ' - the LEA may have rejected it on this basis.

I would have concentrated on the specific measure of how far he is 'behind' and how chronic this situation has been.

The only recourse now is to a SENDIST - unless the LEA change their mind voluntarily. It's probbaly worth writing to the LEA stating that they are disappointed in the LEA's refual to assess, which will leave them no option but to force them to lodge a SENDIST appeal - and see if the LEA takes the bait to save themselves having to defend themselves at Tribunal

Thanks. I have seen their letter which is extremely detailed on where he has fallen significantly behind.

His reading level is far behind his years despite his IQ.

Yet, despite this information about how he is lagging behind for his age (not his IQ), and information about SCD and sensory issues they've still rejected this out of hand.

I assumed it was a policy decision - although I thought blanket policies were unacceptable as discretion has to be seen to be used.

The parents line to take at SENDIST should be "how can you tell his needs are not sufficiently sever or complex when you've refused a full assessment that would have discovered just how severe and complexthey are".

Also plus point for them is the chronic nature - he's been on SA+ with no discernible improvment - that should have set school's bells ringing before this point.

They can win this round - easy peasy. Just the mention of tribunal should sort it out. With some LA's I'm afraid it is 'unofficial' policy to dismiss all applications for statutory assessment just 'because', to delay and to simply see if they can get away with it.

Tell them not to lose heart. It isn't about what is wrong or right or fair or unfair, it is just stupid politics and strategies for stretching the public purse.

hth

Thanks. I will pass that on

Can I just ask whether the "sufficiently severe and complex" test has a basis in law or is that just a policy matter?

I seriously doubt it has a basis in law. It is far too subjective.

I couldn't find it anywhere!

I couldn't find much about severe and complex that had any basis in law (that was reason DS application turned down), I think its open to interpretation. However there is a bit on Code of Practice under statementing which sets out when a LA might statement or not and says if needs just bit equipment = not statement; if needs daily specialised teaching etc = might statement - there's a list of egs. BUT we had to prove severe and complex needs because that was our only route to statementing as DS had not first exhausted SA+. I am fairly sure if you have tried SA+ and its failed then you can be assessed even if your needs are not severe and complex. Whatever the reason it will be a cut and paste job by the LA on a knock it back and see if they go away basis. They need to:

1. Get a hard copy of the COP - its so much easier than using the online version and read the bits about statementing as well as just assessment
2. Look at IPSEA website and download "refusal to assess pack"
3. Appeal it to SENDIST. Our LA did back down but only once we had registered with SENDIST and they had to put in a formal reply. You need an appeal date to put pressure on them.
4. Do a data access request for all the LA papers and ask them to identify which docs actually went to the Panel that decided it (don't be surprised if lots of documents you would have expected to see are missing)
5. They need to draw up a list of what has been done under SA+ and show it has been exhausted - why the school can do no more from its own resources.
6. Ask for a copy of the LA criteria for statutory assessments (this should be available online but rarely is). This is the criteria the Panel will have used.
7. Ask for a referral to the Ed Psych anyway
8. Tell the tribunal what they want instead of SA+ and why.

Do the school support their application? It can really help if they want a statement too.

Tell them not to lose heart, it is a tactic used all the time. Most people win at tribunal and most LA's back down short of tribunal. When we eventually got our assessment and saw the Ed Psych he told us DS was exactly the sort of child who needed a statement - that was after 6 months of basically being told (very aggressively) we were neurotic, deluded, stupid and / or greedy for thinking DS needed an assessment, let alone a statement. We were told in a meeting by our LA the criteria for severe and complex was severe medical needs eg DS would need to have a feeding tube. What do you know it turns out there are lots of children with statements but without feeding tubes! They will tell you anything if they think you will go away and stop trying to raid their budget. You cannot take anything they say at face value.

They are entitled to a meeting to have the decision explained - but tell them to take someone with them and take minutes themselves. I didn't find the parent partnership useful, but have heard if you take them with you the LA are at least less rude and aggressive.

Blanket policies are not allowed - but they are common round here in verbal discussions but strangely disappear when it comes to putting it in writing.

Oh and get them to download the Lamb report it has lots of good stuff about how the LA should be behaving you can quote.

I didn't use to be this bitter - it was my local authority that made me this way!

Grumpy - wow, thanks, this is really useful advice. I'm trying to help as I'm a lawyer but this is really not my field and nothing beats speaking to someone who has been there.

Our experience of the LEA seems similiar to Grumpyoldeeyore. Dont lose heart you have to keep focused. LEA's appear to use strategies to ignore, delay and minimise a child's educational needs in order to protect their education budget. You can make a difference for your child. You need to know key documents like the code of practice very well and quote from them. Seek help from IPSEA (they were excellent), parent partnership / snap (tended to sit on the fence rather than address any issues), but the school /LEA were more "friendly" when they were present. Keep a file of all documents relating to your child, take someone with you as a witness when attending meetings with the school / LEA (parent partnership will do this and provide minutes. Be aware the initial statement is usually very bland and may not adequately reflect your childs needs or provision that they need. You just need to keep pressing on. It took us just over a year to secure an adequate statement, it is worth all the pain and heartache you have to go through.