Should I ask LA wtf they're on about?

[Carryoncatsbum]

Regular but name changed.
Recently been refused SA , main reason being that ds is working at Nat. Curriculum levels and doesn't therefore nmeet criteria for assessment. Will be writing to LA asking for a copy of this criteria. Would like your advice on whether I should also query everything else they have said:
He is making steady progress - I can't see any evidence of progress in the paperwork sent to them. School cannot see what steady progress they are talking about either. Things have actually been deteriorating to point of exclusion. Can I ask them what evidence they actually have of this steady progress?
School may like to refer back to behaviour support service for advice and support - School have had support from them at various times in last 4 years with no progress made and are currently still using their services! Shall I ask LA why they are suggesting referral to a service that is already being used?
I do intend to appeal but first wish them to clarify what their comments relate to? Will this seem reasonable or will they think I'm just being difficult?

Yes, do. Can you give a clue as to LA?

Agree with Lougle

LA is in the county known for girls with white stilettos if that helps.
I will ask them to confirm their reasons for every point they have refused on - will be interested to see how they can answer these.
The main difficulties he has are social communication (possibly AS) and the only mention of this is 'we felt he needs a more focused IEP to support his social and communication needs'. Can I appeal or does IEP now have to be amended to see what happens?

Yep write to them, questions everything they say and tell them why you dont agree with it, quote the SEN COP and points of Law at them. Tell them you will be appealing to SENDIST.

When they reply, question that too. I kept on even after i had lodged my appeal.

I took the view that the whole point was convincing them to change their minds before Tribunal. Although, as others advised me on here to hold something back for Tribunal, which i did. Just keep giving them a little taster of what is come.

I wrote my very detailed Tribunal submission. Then used bits from this when i wrote to them.

Even when you lodge appeal 'Reasons for appeal' keep it short and dont give too much away. Save your detailed submission for Tribunal.

Dont worry what they think, you have a child with SN's who you advocate for, you are already labelled as difficult

They have a duty to maintain a dialogue with parents while waiting for Tribunal, it is your right to expect answers from them.

Definitely carry on with this.

In ds3's SNU a fair few kids are working at level of NC: ds3 gained all lvel 2's (end of ks1) alst week, and is far from teh best child academically: needs vary, attention, sensory, aggression........ NC levels dont' reflect anything much at all.

Also i would add, ds has a very high IQ and was probably in line with the NC levels. EP wrote in her report ds is in the bracket of 'gifted learner'. He has an advanced reading, spelling, math age too.

This means fuck all. He has sensory, anxiety, speech, communication, social problems, eating in school, soiling etc, etc. There isnt a NC level for these things. Its not all about academic progress.

SEN COP 5:41 states ?Whatever the level of pupils? difficulties, the key test of how far their learning needs are being met is whether they are making adequate progress?.

5:42 adequate progress can be defined in a number of ways. It might, for instance, be progress which:

? closes the attainment gap between the child and their peers
? prevents the attainment gap growing wider
? is similar to that of peers starting from the same attainment baseline, but less than that of the majority of peers
? matches or betters the child?s previous rate of progress
? ensures access to the full curriculum
? demonstrates an improvement in self-help, social or personal skills
? demonstrates improvements in the child?s behaviour

I know the county well as I reside within its boundaries (I do not own any white stilletos though!). You do realise that Essex are well known to IPSEA; they get the second most number of complaints regarding these issues after their neighbour Herts.

Appeal their crass decision asap. IEP means nothing really - individual empty promise is an apt name for this non legally binding document. Your son needs a Statement and nothing less than this will do.

Thanks all.I don't wear stilletos either! Yes, I have almost finished composing my letter questioning every point they have raised as a reason for refusal. Ds has to have trauma counselling due to his infant school failing to understand and meet his needs. Also DH has a brain tumour and should not get stressed - LA have been advised of this. I am on first-name terms with local MP - do you think it's worth raising this with him? Also the grammar used on their refusal letter was appalling - a bit choice that they won't help my ds with his SEN's!

Oh our Head and grammar... sob! LEA's even worse.

SOS!SEN are fabulous; they really do give you the energy to fight.

WRT to MP, absolutely. Some are better than others mind: ours wasn't interested (from what I hear didn't even want to stand this time but nobody suitable in party to replace him) so the AM helped us instead- a lot.