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?

Also amazed that the school managed to get any answers about school, as when i ask him similar questions he shouts 'i dont want to talk about it'

When CAMHS asked him similar questions, he shouted and shook his head furiously 'NO NO NO NO' and refused to answer any questions about school.

A comprehensive EP report can also include information on social and emotional needs - ours did, as DS is also doing ok academically. But as your report was very recent, I'm not sure it would help to get another one now.

It sounds like you have enough evidence already. I have to admit I used a solicitor to help me prepare my appeal and that ensured all the wording was sharp re SEN COP. You could certainly do it yourself with help from Ipsea or SOS SEN, I personally just felt too overwhelmed by it all to do it all myself.

Sugar, it is definitely overwhelming isnt it!

I will spend a few days reading up on SEN COP etc and roughly putting my case together, then speak to IPSEA (as they already have a record of my case so far) to brush up on it.

Hopefully once i start writing it down, it will start to take shape and make more sense and wont seem quite so daunting finger crossed!

Claw am so sorry but we went through this and they backed down as soon as we got a tribunal date and agreed to assess. This is normal behaviour.

The way it was described to me was that 20 parents start off on this journey and the LA will find 20 obstacles to put in the way and at every obstacle one family will drop out, give up, be overwhelmed by the paperwork, believe the lies, think they can't get the evidence and so only maybe 1 family in 20 clear the course.

We have been at this for 10 months and even now the LA are ignoring overwhelming evidence in favour of specialist input to save money. They have never looked at what my son needs but always looked for the one piece of evidence they can latch on to to say he doesn't need it.

So you just rebut what the school says, politely and firmly. And you put your case again. IPSEA do have a refusal to assess pack on their website which I found useful but Debs is right you have to deal with the COP issues - the LA will ignore the COP but that is what a tribunal will be looking at. When you get to tribunal if it gets that far they will listen to you and hear your story. Your story and the LA / school story will be at odds and that is fine the tribunal is used to that. But you will almost certainly have evidence they don't.

You can submit video and photos to a tribunal as evidence. If you want ask your son the questions the school says they asked and video his responses. Take photos of his injuries when he self harms. Keep a diary of every incident. Do his "friends" ever call? Invite him over? etc Tribunals will be used to hearing similar stories of children apparently too able to be statemented.

I think you also need to decide what support a statement will bring? What is your goal? Sorry I can't remember is it another school? What can they offer that this one won't. You will have evidence to say you asked for social targets to be set and the school refused. You can say he is not making adequate progress because these issues are not being addressed. You can talk about your concerns for his mental health.

Have a look on SEND website you can look at previous decisions and may find some similar cases that will help you word things.

You may find that once you put in the appeal and get a date they will back down. They are just trying it on to see if you jump the next hurdle. But don't expect that to be the last hurdle!

Good luck.

My first question is why didn't the school show you the Ed Advice before they submitted it? WhenI was Senco it was regarded as good practice to show the Advice to the parents and then ask them to sign and date that they had seen it.This certainly happened when our DS was statemented.If they had done that you would have had the opportunity to discuss it without waiting for the shock of a refusal.
I am sure you can appeal. Ring IPSEA for advice.

Thanks Grumpy, I have reports, i keep a diary, i have minutes of meetings where the school contradict themselves, i have photos. I supplied all these with the request.

No, ds has never been invited to party or on a play date, he is in year 1. Other children 'use' ds for their own amusement.

Same school, ds has his name down at another school. If im honest i would have the same problem at any school, ds is not considered 'severe' enough, he doesnt disrupt anyone and is regarded as 'average' academically to warrant the help i think he needs.

I seem to have lots of evidence, i just need to get my head around it and put it onto paper.

Imahappy, The school are crap, is the short answer to that.

The shock i expressed is not at the school, not telling me what they were going to write i expected that.

Im shocked at their denial of any other problems other than speech. Despite having reports, an IEP, referrals etc which indicate that he has numerous social, emotional etc difficulties.

Thanks everyone for your advice and support.

Im going to switch off now and take a break. Please keep your suggestions and ideas coming, they are so helpful and i need all the help i can trying to get my around this!

Thanks again.

You must appeal the LEA's crass decision not to assess as a matter of course. They usually do such tactics to put parents of children off applying for the things.

I would also call IPSEA and SOS:SEN on Monday to get their opinions. The more advice you get the better.

I would also be looking to transfer your DS to another hopefully more understanding school. Even if he had a statement in place this current school won't want to help him and they certainly have not done so to date.

BTW I was refused twice at panel and fought the LEA's decision not to assess (and I live in a LEA who as a county have a pretty dire track record when it comes to complaints received into IPSEA); they gave in on the third attempt. If you can stomach the idea I would meet with the LEA officers in question and discuss their refusal face to face.

One to one salt twice a week is not going to happen unless it is specified within the Statement in both parts 2 and 3.

Am glad he has you on his side - you are his best and ONLY real advocate.

Just sitting here reading through everything and LEA states.

'The authority also recommended it may be usueful for the school to arrange a CAF.

What is this?

Why would they recommend this?

I can google, but would really appreciate your experiences.

Hi Claw

You wrote "..Oh they havent contacted any professionals, just the school."

Did you name any professionals that you wanted them to consult when you submitted your request for SA?

If you did name some and the LEA didn't contact them then that's grounds for appeal - i.e. basing their decision on an unimformed opinion as the 'experts' who are involved with DS were not consulted.

Because SA is a legal process between you and the LEA, it's the LEA you need to concentrate on - not school.

You should write to the LA as soon as possible stating that you disagree with their decision, (and if the failed to consult the profs uou listed you should complain about that too). You also need to tell them that you have lodged an appeal with SENDIST against their decision.

The LA will either back down and agree to assess or will stick to their guns and you'll be forced to take it to SENDIST (where you will probably win).

The dx is irrelevant - Statements are issued to provide support for difficulties and not because a child has a certain DX.

You also need to lodge your appeal with SENDIST. Your argument will be "My son has difficulties which are not adequately supported and how can the extent of those difficulties or the support required be known until a full SA is undertaken". Second grounds for appeal will be LA's failure to consult the relevent professionals (if the did fail to do this).

Appealing is not difficult.

Hi wetaugst, you have a way of making things seem so simple, im glad youre here

I didnt realise i had to request that they contact the professionals. IPSEA just told me to quote professional and supply copies of all reports, so that they had contact details. I assumed they would contact.

So my grounds for appeal with be the 1st one. Do i need to provided evidence of how he is not adequately supported?

Yes, you should have explicitly named the professionals you wanted the LA to contact.

It's till worth trying to get the LA to reverse its decision.

So I'd still write that letter stating

1. That you're disappointed that they failed to contact the professionals whose reports you provided as you consider that without their views the LA has made an uninformed decision.

2. That you don't agree with the decision because the reports you enclosed have identified difficulties that appear to have been ignored / overlooked by school and require a level of specific support in excess of that which is currently being provided.

3. That you have lodged an appeal with SENDIST.

The LA may reverse their decision. If not you must appeal to SENDIST within the statutory period. So you could give the LA a couple of weeks before you lodge your appeal.

But the important thing is to get the letter off to the LA asap.

Then you can tackle school about the IEP etc and the unhelpful advice / misinformation it gave the LA.

Also keep a diary of all DS's problems at school - that will help you put together the LA case.

Sorry not LA case - SENDIST appeal.

Thanks very much Wetaugust.

Should i enclose copies or give examples of what the school have ignored?

You could put the record staright about any inaccuracies you think school have told them but I wouldn't go into great deatil.

The decision has been made - unless the LA change their mind you'll have to appeal to SENDIST.

Going back to the LA with your letter just gives the LA an opening to 'see sense' and see that you mean business - and hopefully back down instead of forcing the matter to SENDIST.

So letter needs to be firm.

They'll probably contact you and ask you in for a chat and hope they can appease you - but stick to your guns

Best wishes

Thanks again, much appreciated.

Should the school also have supplied evidence that ds is making progress?

All the school have supplied is copies of IEP's and stated that he has made progress.

Hi claw,

IPSEA have an information pack on their website called Refusal to Assess. Its on their homepage (green box in the middle and click on Refusal to assess):-

www.ipsea.org.uk

It has very useful information on it and there is a model letter you can use for writing to the LEA appealing their refusal.

You have two months from the date of the LEA letter to get your appeal into SENDIST. You must act promptly.

Thanks Attila, thats really helpful. I will get letter done on Monday and sent off. Then make a start on my appeal for SENDIST.

Thanks Star, i was planning on drafting the letter on Monday and speaking to IPSEA to run it by them, before sending.

I will mention that to them. Ds should have been discussed at the team meeting this month, just waiting on MD meeting for dx now.

SENCO is claiming in the paperwork that i take up too much of her time with my constant letter writing and phone calls and only wants to speak to me once every half term unless its an emergency and again!

I have spoken to her once on the phone and ds has been at school for over a year now!

I have written to her a handful of times mainly about adjustments to the IEP that i wasnt consulted about, enclosing copies of reports or informing her that ds has been in hospital!

They really are trying to make me sound like a mad women.

Have you got copies of your letters to the SENCO with the relevant IEPs?
Have you got the SEN code of practice?

The SENCOP section 7:43 says;

LEAs should also seek evidence of any other identifiable factors that could impact on learning outcomes including:

clear, recorded evidence of clumsiness; significant difficulties of sequencing or visual perception; deficiencies in working memory; or significant delays in language functioning

any evidence of impaired social interaction or communication or a significantly restricted repertoire of activities, interests and imaginative development

evidence of significant emotional or behavioural difficulties, as indicated by clearrecorded examples of withdrawn or disruptive behaviour; a marked and persistent

inability to concentrate; signs that the child experiences considerable frustration or distress in relation to their learning difficulties; (Please note: Henry soils and wets after a school day) difficulties in establishing and maintaining balanced relationships with their fellow pupils or with adults; and any other evidence of a significant delay in the development of life and social skills.

The SENCOP section 7:58 says

Children who demonstrate features of moderate, severe or profound learning difficulties or

specific learning difficulties, such as dyslexia or dyspraxia, require specific programmes to aid progress in cognition and learning. Such requirements may also apply to some extent to children with physical and sensory impairments and those on the autistic spectrum. Some of these children may have associated sensory, physical and behavioural difficulties that compound their needs. These children may require some, or all, of the following: flexible teaching arrangements

help with processing language, memory and reasoning skills

help and support in acquiring literacy skills

help in organising and coordinating spoken and written English to aid cognition

help with sequencing and organisational skills

help with problem solving and developing concepts

programmes to aid improvement of fine and motor competencies

support in the use of technical terms and abstract ideas

help in understanding ideas, concepts and experiences when information cannot be

gained through first hand sensory or physical experiences

claw,

Even with a Statement in place I doubt very much that this school's overall attitude would change. They've put obstacles in your way ever since he started there.

I would look for another more understanding school. Not all schools behave as poorly towards their charges.