Can a child be refused a statement?

[Marne]

My friend has a DS with ADHD, he's 12, he is due to start high school next year (has been kept back a year), his mum is worried how he will cope in MS high school, she has been refused a statement and without a statement she can not apply for a SN school.

Can a child be refused a statement?

What can she do?

I've got no real experience, but I didn't have a Statement in my MS school. This caused all sorts of problems when trying to apply for council transport to college.

The SENCO told me, when I explained our problems one day, that they thought it would "do you more harm and good, and make you see yourself as disabled, when you don't really have that many issues day to day."

We got transport.

Eventually

Sorry I can't be of more help, I'm sure someone will be along soon who can advise

Yes, a child can quite easily be refused a Statement. The onus is on whoever applied for the Statement to show that the child's educational needs cannot be met without the Statement - and that, of course, is quite subjective.

Your friend needs to look at the IPSEA website - will tell her how to appeal, and lots of good advice.

IPSEA

Normally I'd say just reapply, but if it is likely it will just be refused again then you need to appeal. Sadly it is unlikely that the process will be over before secondary but that doesn't have to be the end of the story. Do call IPSEA, or ACE or SOS SEN

I'd say having been kept back a year is a pretty strong reason for needing a statement too.

The reason they have refused has nothing to do with his needs, but place allocation at SN. There will be parents fighting for those places that DO have statements. To stall your friend now will delay the time that they have to either fund a SN school place or deal with another angry parent that will take them to tribunal.

Sorry, but it isn't a nice process.

Thanks, as far as i know the school where he is at the moment seem to be coping well with his behaviour which is why they are saying no to a statement, the school he is in is very small and the high school will be very large. His mum is worried that he won't cope and his behaviour could put others at risk (he can get very angry).

When you say he starts high school next year do you mean September 2011? If so there is time for it all to go through.
IPSEA have a lot of information on their website and also a phone line your friend could try.

Is there a particular SN school that she is looking at? Most children with statements continue to go to MS school, so there is no guarantee that even with a statement, that her child will get into the SN school. The timing of getting a statement will be relevant, as pupil movement in and out of SN schools isn't as high as in MS and it could already be full, especially if she doesn't get it in time for the normal secondary transfer admissions.

Also, there aren't many maintained SN schools which deal with children of average ability - here, if you're cognitively able, you're expected to go to MS (unless you fight for an independent SN place, which is a whole other battle). So if the DS has ADHD but no learning difficulties, it might not provide a suitable peer group or access to a full range of qualifications.

It sounds like she has a strong case for appeal, but she will need to prepare it well - IPSEA etc will help.