Stat assessment refused, WETAUGUST, STAR and anyone else help me please

[claw3]

Received SA decision not necessary at this time.

I am in shock at what school have written in the form they have sent them.

Please tick areas of special educational need.

All they have ticked is speech difficult and next to Autism box they have written in capital letters NOT YET DIAGNOSED!

'Ds is making adequate progress both academically and socially and SA is not required. The school is employing numerous measures as stated in ds's IEP. Taking advice from outside agencies.

Teachers report (all the bad bits) In class ds needs frequent support to complete his work. He is slow with writing generally. He lacks motivation and is over reliant on adult support. He needs frequent reminders to keep him on task. At times he disregards instructions from support staff. He sulks/cries and takes himself to the back of the carpet when reprimanded.

Support/resources deployed to enable ds to access curriculum.

1:1 SALT twice a week.
Timetable of the day on his desk
Group TA support when necessry
Often has adult support on his table to assist him with his work.

The school then go on trying to portray me as a precious complaining mother and have even included an up dated IEP dated Feb which i havent even seen! Also state I requested an OT report be shredded (OT manager made this request, not me)

I know i need to appeal this decision, but what grounds do i appeal on?

How do they know his needs are being met if they haven't assessed his needs? That would be my first argument.

So sorry

It appears the school are basically saying i have a 'normal' child and that i am trying to find something 'wrong' with him.

Apparently Ds skips around school with little birds and hearts floating above him, telling everyone how happy he is, is the most popular boys in school and has friends coming out of his eyeballs, cant wait to get his PE on and would happily eat like a 'normal' child (if only i would give him the food to eat)they witnessed him eating a piece of carrot at fruit time woo hoo!

and lists bloody world peace as his favourite pass time!

Thanks Lou, have started a list and put your suggestion on it.

School are also saying they referred ds to CAMHS, its a bloody joke im so and

I dont know where to start, there is such much wrong with this bundle of papers i have just received.

so much wrong not such!

for you claw.

Am I right in remembering that you have a verbal dx and are waiting for CAMHS for official dx?

Thanks Cornsilk.

Lou they are saying they are aware of his needs because of outside agency input, even though they are not following the recommendations made by the outside agencies, other than SALT working on his pronouncation of words (because this a physical noticeable difficulty, i suspect)

Although difficulties have been identified by 'experts' and recommendations made. They are basically disagreeing with the experts and saying it is not a difficulty so therefore not following recommendations.

Sorry Corn x-posted.

Yes verbal dx given by Paed and ASD team, just waiting on MD meeting for it to be made 'official'

I have had exactly the same thing with my ds when he was in primary claw. He also has verbal dx waiting for official dx. Contact paed and ASD team to inform them of what the school have written about your ds. Also try IPSEA for advice and NAS supportline. There is also an ombudsman you can make a complaint to.

Senior SALT report highlights lots of social and communication difficulties associated with ASD and the report basically screams ASD at you.

Paed wrote in his report difficulties likely caused by ASD and displayed ASD behaviour during appointment.

Asd team report states SALT report describes ds well and we saw similar features associated with ASD during our assessment today.

ASD outreach go into school.

I contacted IPSEA prior to applying for assessment, they were very helpful, will contact them again on Monday. NAS suggested IPSEA and applying for SA.

Its frustrating isnt it!

Like wading through mud.

Corn, ha! very good description, i like that!

I dont know where to start with an appeal. Im assuming i have to challenge the schools version and prove otherwise.

Its so difficult when they are relying on a dx, but then once they get the dx, they will then fall back on needs and ds not having any problems. Its so conflicting, if he didnt have any needs or problems he wouldnt be receiving a dx ARGH!

Make an appointemnt with the head and ask him to justify his staff's comments in light of the expert recommendations. Ask him whether his staff have psychology phd's. Also complain to the governor in charge of special needs.

Right, you need to step back and think of two things which will give you back some control:

1. LAs routinely refuse SAs as a matter of course. Many have blanket policies. That's just what they do. You have to challenge it to get anywhere. It's the first part of the game they play.

1. Now what you need to concentrate on is the legal requirements for an SA and not school's 'covering our back' crap. The test is clear - the LA will only carry out a statutory assessment if they believe your child probably has special educational needs and that they need, or probably need, to determine the level of your child's special educational provision by writing a statement.

Look at school reports, is he making progress? Look at SEN COP and the criteria which make it clear it is not just about attainment but about barriers to the curriculum e.g. sensory etc. Go through that criteria as a checklist and try and focus on those areas which need further investigation or which are not being addressed even on school's baloney.

Then, you focus on getting together the evidence to support that test.

The LA should have contacted the professionals involved to ask about progress too so you need to see what they have said.

I have found that ACE have been the best at providing clear consistent advice in my experience - I have found IPSEA a little wishy washy at times. They have a booklet which sets out the legal criteria for an SA. That is what you need to focus on as that is what a tribunal will look at.

Thanks Corn, have added that to my list also.

Just reading through the bundle of papers again.

They have asked ds what do you enjoy about school - playing with x and x, going to the book corner, reading with my teacher, lunch time and writing he doesnt eat at lunchtime and struggles to write!

Who are your friends - he has named 4 children

What are you good at - PE, writing, role-play All the things he has difficulties with (these are concerns in the school IEP), he got sent home from school for pulling his eyelashes out on PE day and being physically sick a few weeks agon!

What dont you like about school - nothing

Ds wanted to mention that 'my mum gives me 2 pieces of food' he has a food phobia and extremely limited diet, but this is my 'fault' for only giving him 2 pieces.

Sorry im ranting now, so angry.

the school tried to do this to me too, we was refused SA for DS mainly because he was achieving academically and his issues were all about behaviour! our LEA have an illegal blanket policy about behavioural statements.
have you spoken to IPSEA? definately appeal to tribunal. When we went to tribunal the lea was ripped apart by the panel and told they were failing DS by not assessing. We actually managed to fight to get a full time 1/1 statement BEFORE ds got his official ASD dx so it can be done but it takes alot of fighting.

Thank you Debs. His academic ability has never been the issue. Its all emotional and social, no targets were set for these, although they were listed as concerns, no mention of these are made!

He has made academic progress because the targets set were ridiculous, private EP stated 'gifted learner'

numeracy target to learn to count to 10 - acheived (he could count to ten, when he 2, in school he is the second to top group)

Literacy - apply phonic knowledge - achieved (he has the reading ability of 8 year old)

spell 10 words from the 100 list - achieved (he has spelling ability of much older child, cant remember exact age without looking at report)

ds will use his playground pass card when overwhelmed achieved and no longer requires the card and will ask his learning mentor verbally for help. (he stopped using the card after being sent to the head teacher for lying in October and learning mentor confirmed in a meeting in Feb that ds doesnt go to see her)

PE no longer than 10 minutes to get changed - some improvements.

Ds will show his 'trouser' card when he soils himself - ongoing (he doesnt even have the card anymore, he hasnt had it since October 2009)

Ds will read his social story about toileting with mum at home - ongoing.

SALT targets - ongoing.

I have this thick bundle of papers, its hard to know where to start.

So i focus on the school IEP and what he has achieved?

For example a concern in IEP 'ds has extremely limited diet and only eats a fraction of his packed lunch - no target was set and the school have failed to mention this at all in their progress made.

Ds finds it difficult to build positive relationships with peers and often misinterprets emotions and actions of others causing him to feel rejected - no target set, no mention of this other than he now has several friends.

Oh they havent contacted any professionals, just the school.

They have included 'PIVATS' and scores which i cannot make any sense of for example

interacting and working with others - p14c (56) 2Ac

Anyone know what this is/means?

You poor thing. It's horrible reading these reports and it sounds as if your son had the wrong end of the stick about what he was being asked when the form was being filled in - also is it not possible (YES!) that he was being 'led' by whomsoever was filling the form in with him.

With my Mum hat on may I suggest you contact SOS SEN. They are brilliant. Also there is a very good advocate who works for a Charity called Asset who is brilliant too. From what the school have put you have a battle on your hands unfortunately with the School and LEA.

Now, with my SEN teacher hat on - and don't flame me - you have to think like the opposition to win. think of all the points you might make to this question: 'What will a statement give him that the school are not already providing'. When you are thinking of the answers you need to remember that a statement is just a piece of paper - it's only as good as what is written. Therefore your next thing is to think 'What do I want in the statement and why?' You need to detach yourself here from your son - if you can think about him in terms of someone elses child. Your main rationale is long term, ie, yes the current school have put things in place but they are not set in stone, funding can change and schools can change. Also what happens when he moves school for transition.

On paper, from what I have read, with my SEN teacher hat on, the school comes across well - remember - I don't know you, the school, your son. Neither do the people in the SEN LEA office - well not really 'know' the situation. The only people who do know what is going on are 1. You and 2. the school. The school are in a difficult situation in that they do not want to be seen to be failing a child. They are obviously not going to want to paint themselves in a bad light to the LEA. Also, they may well genuinly think they are supporting your son in the right way - I can vouch for the amount of thought and effort we teachers put in to teaching children (although I have to say the IEP targets are crap). It is really really hard when you are doing your best with the limited resources you have and some SENCOs seem to deem it as some sort of failure on their part to have to apply for a statement. I was really lucky as a parent because my son's headteachers and SENCOs couldn't give a damm about the LEA and battled away for him and me. You are really going to have to think of how you play this with the school - particularly when your son is going to be there for several years. You really need to get them on your side but before you do that you really need to think the Why do I need a statement and make it precise, objective and structured. It might help if you can talk this through with the school - pointing out the obvious benefits to them to him having a statement. Do bear in mind that unfortunately there may be other pupils in the school who have just as significant means or more so and the school are (to an extent) meeting those needs but those pupils don't have a parent who has the will, intellect or drive to take on what is a horrible battle. I see this on a daily basis. Please don't think I am being 'opposite' for the sake of it but I just want to pose these questions to you because by answering them it will help your battle.

Good luck. Your son is a very lucky chap to have you.

So sorry that they have refused to assess claw. My ds's requests for Stat Assements go to panel on Monday and will ring them on Tuesday to find out if 'yes' or 'no'. Am dreading it. As lou has said how can they know they don't need to assess until they do a FULL ASSESSMENT!!! I have a feeling I will be posting much the same come Tuesday so wish you much success in appealing. When I spoke to lady at the LEA on Friday I asked if I would be sent all the reports received from the professionals but apparently they don't unless you specifically request them and they have to have the professionals permission. Is this right? Have you received all the reports on your ds? x

How frustrating for you. My LA initially refused to assess too - I think it's the most common reason for appeal, as mentioned earlier it seems to be their way of testing a parent's determination. In the end, we managed to get additional evidence and they pulled out before tribunal.

I'm not sure if you'd need independent evidence if your NHS team are behind you, but I got an independent EP report for ours. Is it something you'd be able to consider?

Have you got a copy of your child's school records and GP/hospital records? They often contain valuable bits of information to back you up.

Flyingmum - Im grring at the school, when ds reports to me being hit in the playground, his version of events cannot be relied upon because of his communication problems, but yet they are now relying on them

SALT report highlights things such as 'limited conversation skills, confused easily etc etc. Bibic report highlights 'needed extensive explanations as to what was required of him'

But they have questioned him and relied upon it and and again. The sly, two-faced bleeps!

Ds is over friendly and his social attempts are usually inappropriate, the school seem to be confusing this with him being social and having friends, despite most of his attempts resulting in him being hit.

Thanks for the teacher prospective on this and i have written it down and will certainly ask myself those questions.

Thank you.

Sugar, i have an private EP report which i paid for in December 2009, it showed that ds was 'gifted' learner and had a very high IQ and reading and spelling age of a much older child.

Unfortunately, although it will be helpful in proving that the school have no idea or understanding of ds ie advanced reader, lets give him a target of applying his phonic knowledge to his reading (when he can already read like an 8 year old) spell 10 words from the first 100 list, when he can already spell like a 8 year old) etc, etc. His revised target are now to read 10 words from the 100 list, he can read a bloody newspaper, so he will always be meeting these targets.

The majority of ds problems and difficulties are emotional and social ie he self harms, he struggles to dress himself, he cant eat, inappropriate social attempts, no facial expression etc, etc. No targets have been set for any of the things he has difficulites with in this area. Im not sure if an EP could assess these?