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Another statement question

29 replies

claw3 · 29/03/2010 11:02

Brief history, school are not backing me, ds is 6 and in year one.

Most of ds's problems relate to self-care, emotional, sensory difficulties for which he receives limited help, school have told me limited help is due to no resources (I know they are contradicting themselves by not backing me!)

Anyhow my question is ds is not behind academically, but class teachers report states

'in class he needs frequent support to complete his work. He is slow with writing in generally (he has hyper-mobility in his joints). He appears to lack motivation and is over reliant on adult support. He needs frequent reminders to keep him on task and motivated'

Private Ed Psy identified ds as a 'gifted learner' but he is not achieving this in school. Can this be used to show slow progress even though he is not behind, he is not achieving what he is potentially capable of?

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sugarcandymountain · 29/03/2010 12:10

Sounds like my DS (but now aged 11)!

Did your independent EP do cognitive tests to show giftedness? Our EP did some cognitive tests (WISC-IV) and attainment tests (WIAT-II). Cognitive tests show underlying ability and the attainment tests show levels of achievement. He then compared them to see whether he was achieving at the level that he should, given his general ability. Ours showed a significant discrepancy in numeracy. As in your case, he wasn't very far behind, but in comparison to his ability he was achieving far below his capabilities.

So I think you'd need to ask an EP to do ability/attainment comparisons with the right tests. Ours also showed a skewed profile which also shows a need for support - slow information processing skills which means that he forgets instructions quickly and needs frequent reminding. Sounds like it may be an issue with your DS too. Did your EP do Working Memory and Processing Speed tests?

claw3 · 29/03/2010 13:28

Hi Sugarcandy,

EP did British Ability Scales ll Psychometric test (BAS ll) as well as reading and spelling attainment scales.

Tests in verbal, non verbal reasoning, spatial, general cognitive ability scores, marked at percentile.

Dynamic assessment of learning styles, states he is able to see designs, even extremely complex ones, as a whole and this would indicate that his simultaneous processing skills are highly developed. (a visual learner, im guessing)

Summary ds is a very able pupil with high scores across the range of skills and abilities tested. This will put him in the area of gifted learners. He only shows a small relative dip in the area of literacy (both expressive output and receptive understanding)

No working memory or processing speed tests other than the one above 'simultaneous processing skill' this involved showing him a complicated picture consisting of lines and then asking him to reproduce it after a period of time. Drawing is his 'thing' and always has been he had no problems.

Ask ds to go upstairs and get his shoes and coat and he will forget what he went up there up for!

I think she has basically identified all of his strengths and none of his weaknesses, if he was tested for the 'right' things i think it would show a different picture.

I am relying on her report for the SA, because she recommends a high level of 1:1, so feel i have to explain her comment 'gifted learner'.

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claw3 · 29/03/2010 13:32

Should also mention at the time i had ds assessed by EP, i had no other assessments or reports to identify what his difficulties were.

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wasuup3000 · 29/03/2010 18:15

Would you be able to stretch to a private SaLT and OT report as these are the areas which you need to show he needs help by the sounds of it?

WetAugust · 29/03/2010 19:16

Hi Claw

You just need to be a tiny touch careful in using the term 'gifted'. Some parents of NT children apply for Statutory Assessments because their children have been identified as 'gifted' and they are trying to get the LA to expend additional resource to nuture this by trying to exploit the need for an eductaion to be suitable to age and ability.

You don't want the SENDIST / whoever to think by using the word 'gifted' that your child is in that category - i.e. no diabilities and applying for statement because offspring is gifted - which is not the case.

The gifted bit is actually immaterial. The Statement / extra support is given to permit a child to overcome the barriers to learning (as a result of its disabilities) and not to attain 'gifted' status.

A good Ed Pysch report will identify areas of weakness, state the cause for those (e.g. ASD, OCD whatever) and recommend appropraite support. To have a report that just commends his strengths and states nothing/ so little about his difficulties and, as a result shows no evidneve for the 1:1 support it is recommending is a poor report that will not win over minds at SENDIST.

It doesn't sound asthough the assessment was comprehensive - my DS's private Ed Pysch ran at least 3 different types (or parts of as he was getting bored), including Wechsler.

Sorry - I didn't want to be the bringer of bad news but I hope you appreciate my bluntness.

Best wishes

claw3 · 29/03/2010 23:37

Wassup, i have a very good SALT report which identifies lots of his difficulties ie limited conversation skills, very confused by emotion based vocabulary, couldnt sequence even at a very simple level. Also a Bibic report which tells a similar story, but also highlights that he has above average underlying ability. (so i feel the need to explain this away even more, as it really is a red herring) Ds is bright when it comes to anything non verbal. But he cant dress himself, he has a food phobia, he soils himself etc, etc.

As for OT report, ive been waiting since 2008 for this. I had to make an official complaint and it looks like ds will have to be reassessed as OT basically made a complete mess of it.

So i now have EP report, 2 good SALT reports, ASD assessment report and bibic report.

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claw3 · 29/03/2010 23:46

Hi Wetaugust, no worries i appreciate straight talking.

Unfortunately i dont think the ds being bright thing can be ignored, it does rather cloud the issues.

I was thinking of using it to show his uneven development and showing why the school are unable to identify his needs and applying the right help? ASD assessment report comment about EP report 'that this picture does not describe his functional abilities'

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claw3 · 29/03/2010 23:46

I have started to write my tribunal case, would you guys mind having a read, if i remove names etc and copy and paste here?

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WetAugust · 30/03/2010 00:00

Ok - I'll be up for another half an hour

claw3 · 30/03/2010 00:07
  1. A full assessment is the only way to identify my child?s difficulties or find out what my Childs needs are and provide the right help for my child. X has complex needs involving more than one difficulty. Senior SALT report dated states ?X is a little boy with a complex pattern of strengths and weaknesses?.

X shows uneven achievement between academics skills and social, sensory, emotional, self-care skills. Education Psychologist identifies X has the potential to be a ?gifted learner? academically. Autism Assessment Service state ?X was seen by a private Education Psychologist last year. The report shows a very able boy in all areas. However Dr X and I felt that this picture does not describe his functional abilities.

IEP?s dated October/November 2009 and February 2010 all difficulties listed as concerns in the IEP were social, emotional, sensory, self-care or behavioural difficulties, yet the help received was aimed at academic achievement.

IEP dated Feb 2010 all difficulties listed as concerns in the IEP were social, emotional, sensory, self-care or behavioural difficulties, yet the help received continues to be aimed at academic achievement.

The school are unable to acknowledge that strategies set in response to his social, emotional, sensory, self-care or behavioural difficulties i.e. their 3 card system and visual timetable have failed and they continue to set the use of these as targets, despite the fact that X has not used these strategies since October 2009; something school confirmed to me during a meeting in February 2009.

I think this sums up the schools inability to understand x's complex needs. As a result, school are unable to identify what help should be given.

  1. The school could not normally give all the educational help my child needs unless it receives extra help from the LA. The school has had to provide much more help for X than they would normally provide at Action Plus.

X already receives a high level of support in the class room for him to be able to maintain focus. Class Teacher states ?in class he needs frequent support to complete his work. He is slow with writing in generally (he has hyper-mobility in his joints). He appears to lack motivation and is over reliant on adult support. He needs frequent reminders to keep him on task and motivated?.

SENCO wrote to me 14/11/09 stating 1:1 help and support was not available for social, emotional, sensory, self care, or behavioural difficulties due to lack of resources.

SENCO has since received recommendations from outside agencies. Education Psychologist states in her report dated 29/12/09 ?X needs a high level of 1:1 support in order to achieve his full potential and to avoid his current emotional and behavioural difficulties getting in the way of effective learning?. SALT report dated 21/9/09 makes 1:1 social skills recommendations. Bibic and Education Psychologists have also made social skills recommendations. Bibic and OT have made sensory recommendations and recommended equipment none of the above can be implemented due to lack of resources.

  1. The school has given my child all the help that could be expected but he has not made enough progress. X has received help on school action plus for over a year and his progress is very slow.

Without adequate help and support X has regressed and began engaging in self-injurious behaviour, which required medical intervention in December 2009 and again in February 2010.

Without adequate help and support at lunchtime, X finds it difficult to eat due to sensory dysfunction and phobia and will only eat a fraction of his lunch and as result his weight dropped shortly after starting school from 91st centile (3/4/09) to 75th (25/6/09) to in between 50th-75th (25/9/09) and a referral to a feeding clinic has been made.

Without adequate help and support for his social skills and sensory needs, X is struggling socially at playtime which often results in above average incidents of him being hit or hurt by other children or ?feeling? that he has been hit or hurt by others. X continues to report incidents to me and has commented recently that ?the world is a horrible place and he wishes he wasn?t in it? and ?I wish I could go to bed and never wake up? . He is obviously still finding school very confusing

Without adequate help and support for his soiling problem. SALT target 21/9/09 ?X will be able to tell a member of staff when he soils himself? has not been met and no progress has been made. X is still unable to tell a member of staff or use his card and returns home with soiled trousers.

Started it today, this is as far as i have got.

I need to read the SEN code and add any legislation i can find it also.

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WetAugust · 30/03/2010 00:27

. A full multifunctional assessment for the need for a possible Statement is the only way to fully identify my child?s difficulties, assess their impact on his ability to learn and ensure that his disabilities are adequately and appropriately supported.

X has complex needs involving more than one difficulty. Senior SALT report dated states ?X is a little boy with a complex pattern of strengths and weaknesses?.

X shows uneven achievement between academics skills and social, sensory, emotional, self-care skills. Education Psychologist identifies X has the potential to be a ?gifted learner? academically. Autism Assessment Service state ?X was seen by a private Education Psychologist last year. The report shows a very able boy in all areas. However Dr X and I felt that this picture does not describe his functional abilities.

IEP?s dated October/November 2009 and February 2010 all difficulties listed as concerns in the IEP were social, emotional, sensory, self-care or behavioural difficulties, yet the help received was aimed at academic achievement and did not address his social development nor aim to proactively assist him in overcoming his behaviourial issues, that result from his diabilities.

IEP dated Feb 2010 all difficulties listed as concerns in the IEP were social, emotional, sensory, self-care or behavioural difficulties. Again the school's strategies failed to address his non-academic issues.

The school are unable to acknowledge that strategies set in response to his social, emotional, sensory, self-care or behavioural difficulties i.e. their 3 card system and visual timetable have failed and they continue to set the use of these as targets, despite the fact that X has not used these strategies since October 2009; something school confirmed to me during a meeting in February 2009. (BIT contradictory but I see where you're coming from)

School is simply unable to understand x's complex needs, and as a result, they are unable to identify or quantify what help should be given.

  1. The school has had to provide much more help for X than they would normally provide at School Action Plus. I have been told by school that any further support would reuqire additional resources from the LA.

X already requires a high level of support in the class room for him to be able to maintain focus. Class Teacher states ?in class he needs frequent support to complete his work. He is slow with writing in generally due to hyper-mobility in his joints. He appears to lack motivation and needs frequent reminders to keep him on task and motivated?.

SENCO wrote to me 14/11/09 stating 1:1 help and support was not available for social, emotional, sensory, self care, or behavioural difficulties due to lack of resources.

SENCO has since received recommendations from outside agencies. Education Psychologist states in her report dated 29/12/09 ?X needs a high level of 1:1 support in order to achieve his full potential and to avoid his current emotional and behavioural difficulties getting in the way of effective learning?. SALT report dated 21/9/09 makes 1:1 social skills recommendations. Bibic and Education Psychologists have also made social skills recommendations. Bibic and OT have made sensory recommendations and recommended equipment none of the above can be implemented due to lack of resources.

  1. The school has given my considerable support but despite having been on School Action Plus for over a year, his progress has been slow and has fallen far short of expectations.

As a consequence of inadequate support X has regressed and has begun engaging in self-injurious behaviour, which required medical intervention in December 2009 and again in February 2010.

Without adequate help and support at lunchtime, X finds it difficult to eat due to sensory dysfunction and phobia and will only eat a fraction of his lunch and as result his weight dropped shortly after starting school from 91st centile (3/4/09) to 75th (25/6/09) to in between 50th-75th (25/9/09) and a referral to a feeding clinic has been made.

Without adequate help and support for his social skills and sensory needs, X is struggling socially at playtime which often results in above average incidents of him being hit or hurt by other children or ?feeling? that he has been hit or hurt by others. X continues to report incidents to me and has commented recently that ?the world is a horrible place and he wishes he wasn?t in it? and ?I wish I could go to bed and never wake up? . He is obviously still finding school very confusing

Without adequate help and support for his soiling problem. SALT target 21/9/09 ?X will be able to tell a member of staff when he soils himself? has not been met and no progress has been made. X is still unable to tell a member of staff or use his card and returns home with soiled trousers.

Just some initialthoughts - I started doing it in bold but it was too difficult.

I'd remove any praise of school. I also removed the bit about having had too much adult support - doesn't jell with this appeal for more.

You need to phrase it so that it's his disabilities and inadequate suypport that are causing the problems. I would avoid stating that his behaviour is bad - and emphasis the lack of support causes the behaviourial issues.

When the solictot did our SENDIST submission it started with a background:

X is a n year old boy who has a dx of x. He is attending x school. His difficulties bceam,e apparent at X age and he has recieved X support. the actuial bits you quoted will be in the documents you enclose so you just need to refernce their page in the bundle you're submitting.

Other than that the sequence needs a bit of ordering so it flows - difficulty - what school have done - why that's inadequate - why assessment is needed. penalty for not doing assessment - further detrioration and full difficulties remain unidentified and unsupported.

Best wishes

claw3 · 30/03/2010 00:28

Oh i have also written to the LA requesting the standard info and to the SEN Governor expressing my disappointment that the school are not prepared to work in partnership with me and requesting standard info. So might have more to add, if/when i hear back from them.

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WetAugust · 30/03/2010 00:36

Give them 14 days in writing to respond with the documents - it's covered by 1998 Education Act but probably also by FOI/DPA by now. they can charge for photocopies but have a ceiling on what they can demand.

I had to hasten DS's school twice to get them and threaten escalation.

Best wishes

claw3 · 30/03/2010 00:38

Thanks Wetaugust, yes that bit is contradictory, i need to re-word some of it and try to bear in mind the people who are reading it have no prior knowledge of ds, so need to clarify a few points.

Thanks ever so much for taking the time to read and for your input. Will start on it again tomorrow and make amendments, have a few weeks to get it just right.

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claw3 · 30/03/2010 00:43

Yep i quoted the 14 day and Education Act at them when i requested the info. Will chase them up too, if they dont provide.

Just needed to know i was on the right track with my appeal, its hard to get the balance right and not just criticise the school.

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WetAugust · 30/03/2010 00:48

Claw - take your time. It just needs to set a bit of background and then flow.

Don't say the school have done too much / little - just bang on about inadquate support and the fact that school have told you they have exhausted their resources. etc.

happy to have another go at a future draft if you want.

claw3 · 30/03/2010 00:55

Thanks Wetaugust i would really appreciate that. I will give you a shout once ive done the final draft, youre a star.

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DelsParadiseWife · 30/03/2010 09:18

Claw If you want to sound scary you can put this in your document:

The test for a statment in law is whether the school can provide for the child from it's own resources with the help of the LEA R v Secretary of State of Education ex parte E FLR 377 Court of Appeal 1989.

The LA should be considering whether a statement is necessary under the Education Act 1996, sections 323 and 324, not according to the availability of information. (This is the one to use if they say you need 6 IEPs or whatever before they have enough evidence)

Also, look at Para 5.42 of your code of practise for some wording you could use to get the boxes ticked.

hth

claw3 · 30/03/2010 09:35

Oh yes Delsparadise, im liking scary!

Although ds started school in January 2009, he didnt have an IEP in place until October 2009 so only has 2 IEP's, an excuse they might well use.

Im finding it difficult to show that the school have done all they can do, as they so obviously have not. I suspect mainly due to their total lack of understanding of ds's difficulties. The school's incompetence is not going to win me an appeal though.

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DelsParadiseWife · 30/03/2010 09:44

'The school's incompetence is not going to win me an appeal though.'

Yes it can. Don't lose heart. Remember as I said before, their incompetence is a resource issue. It is also very much an SA issues. You are not trying to get a statement at this point, just a SA, which will highlight to the school what the needs of your DS are so they are better placed to find strategies to meet them. The lack of awareness and understanding from the school is 'perfect' evidence for why he needs a documented assessment. One step at a time!

claw3 · 30/03/2010 10:00

Delsparadise, thats the thing with the school, because he is not behind academically and is well behaved, shy and passive and all his distress is aimed inwards, doesnt cause anyone any problems, he doesnt need any help.

They seem to have this stereotype of what special needs actually are ie an aggresive, disruptive child who is behind academically.

If i hear, he doesnt look distressed one more time i will scream! He doesnt show emotion, he doesnt understand emotion ffs!

Thanks for your help.

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DelsParadiseWife · 30/03/2010 10:11

Claw That is my child too. I would have been in the same position I should imagine, but for the fact I applied for a SA before he started school so that the school didn't complicate things, but my ds is exactly as you describe yours.

Tis why the statement is so meaningless though. We have one yes, but unless you have every come across a preschool that needs to be told to make pencils and crayons available (the most concrete thing in it) then there isn't a lot of point to it.

Don't give up, and absolutely don't panic. The process is loooooooong but it is a labyrinth, not a maze. You WILL get to the centre.

wasuup3000 · 30/03/2010 10:15

OK well at present communication skills are greatly underrated however Speech, language and communication needs are Special Education Needs. Have a look at The Communication Trust Websites and the leaflets on there which clearly explain what SLCNs are and the difficulties a child has because of them.

wasuup3000 · 30/03/2010 10:21

Also try and place your child's needs in each of the SENCOP categories when listing the help he needs.

Cognitive and learning ability
Communication and interaction
Physical & medical
Social and emotional
development and behaviour

Use a separate heading for tests and scores, centiles ect.

Use brackets to say what report, page number, heading a comment you make refers to, or verbal telephone conversation with dates. Make sure everything you write is more or less evidence based.

claw3 · 30/03/2010 10:33

Delsparadise, bit of a long story. It all stems from the useless OT i had in October 2008, after clinical assessment she told me ds had sensory modulation and sensory processing difficulties. Would advise school, sensory diet, report etc. None of which happened. I have had to make an official complaint about her.

She was due to go into school in January when ds started school and advise staff. She went in, school said he is doing fine, no problems, she left. Despite me reporting the total opposite to her.

From that point on i am seen by school as a 'precious' mother who think OT is backing them, son is unable to dress himself, eat, or wipe his own bottom because he has been mollycoddled!

Most reports state 'mum says' ds has this difficulty. It has only been recently after my official complaint that actual assessments started to happen and my 'claims' were backed up.

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