Long Fight with Education Authority

[Bookworm]

Good girl already!

 

Go, GC!Go, GC!Go, GC!

[groovycaz]

Bookworm

how lovely, thats put a smile on Sams and my face, thank you..Gc

[lindsay22]

goodluck hope it does the trick, i feel the same i have not had no support and only found out about parent partnership this year..i am off into town later to buy his new school jumper and to look at some books so when i write my letter its right.

 

again good luck and keep us updated

 

 

xxxxxxxxxxxxxxxxx

[GlasweJen]

good luck GC

[zaffie]

Hi

just found this thread. Good advice already given. It is really important that a parent requests an assessment of their child. If turned down you have the right of appeal to tribunal. If school request an assessment and it is turned down by LA it is dead in the water.

My son is now 17 have been fighting LA since he was 4. He has ASD and attends an independent residential school. even with a statement you have the annual fight for it to be continued !!! my sons statement has cost the LA a LOT of money. Now as then meeting needs has nothing to do with it. It is always about "budgets".

Empower yourself get to know code of practice inside out. Get back up of MP IPSEA are a fantastic resource as are NAS.

We had a lot of independent reports done when our son was being assessed. Cost us a lot of money but won the day there would hve been no way the LA would have funded my sons placement at £120,000 per year without them.

you have to be militant fight hard and never give up.

 

Good luck

 

Zaffie

[mariejader]

Well done Grooveycaz for starting the process running again, now you need to keep an eye on the deadlines they have to reply and make sure they follow the procedure correctly this time, did you order the SEN COP as I suggested in one of my previous posts?

 

I would also suggest that you cc the letter to your MP, give their office a call and explain your concerns and problems and ask them to help you.

 

My LA advised me at the start (before they had even done the assessment) that they did not issue statements for anything under 15 hours I searched the web again and found this is totally illegal they cannot issue blanket policy's each childs needs are totally different and need to be assesed correctly to meet their own requirements,

 

Sadly I am now under the impression that most LA's think they are above the law I know of cases where they have failed to tell parents that they have the right to appeal?

 

Maybe it would be an idea for you now to use this topic as an update of what's happening with your case, post the reply you get from the LA etc as there are so many posts in here giving you good advice hopefully this will help you get the support that you son needs.

[groovycaz]

Hi all and thanks for the advise and support given,

 

Marie, yes I ordered the SENs code of practice book from the number you gave me, has'nt arrived yet but on its way, after speaking to Sams Psychologist the other day he told me that its always been the case that the school can not appeal the LEAs decision not to award SoN however parents can appeal any decision regardless of who initiates statutory Assessment, ive had all his files spread out and the way in which we've been treated is appalling, the letters ive written, when reading back through them again, I cried, they are like begging letters, begging to help my child, ive copied them all and will take your advise and send them to my local MP, whatever happens, this year my son will get his statement, In 1 of the letters of complaint I wrote around 2 years ago I ended the the letter by stating "you will be hearing from me again and I will ensure my son receives the help he needs to successfully complete his education" and they just did!!..Gc

[zaffie]

Hi

Do you have copies of sons IEPs? where you involved in targets and reviews?

IEPs should give you good evidence of your son failing. It is only when there is good evidence of failure that you are likely to get a statement. sad but true i;m afraid.

It might be an idea to request to see your sons school file. Often there is good information in it that you can use.

 

Regards

Zaffie

[groovycaz]

Hi Zaffie,

yes I have all copies of his IEPs and im very much involved with all his reviews in school, (although the same cant be said about his old school), since nursery school it was noticed that all was not ok as he was not interacting with other children, he was only diagnosed as autistic last year, which was after the last request for SoNs, the school he now attends is excellent compared to his old school and as for his social skills, I can see a massive improvement, his problems are quite complex, and his dyspraxia is very difficult for him, he cant sit still at all and constantly wriggles around, he can now fasten his laces (massive achievement) but still struggles with buttons, he tends to stammer over his words as if he has no confidence to speak and does not understand a phrases like "in your shoes" or "acting the goat" so we forever trying to explain these things to him, were all learning all the time in our house and have had some laughs along the way..Gc

[mariejader]

Forgot to mention it would be a good idea to keep a daily diary of events, even things that happen at home, I always make a point now of writing down any contact also with the LA and school, ie, the call what was discussed and with whom the call came from, or received letter dated xxxx sounds silly I know but 6 months down the road for example will you remember?

 

I always after any meeting I attend follow up with a letter confirming what my understanding of the meeting was and what and when if any help will be put in place, I always give them the opportunity to respond if my understanding is not the same as what they were offering or not as the case may be.

 

From experience I have found never trust any information you are given at face value, I have been in meetings when pressure has been put on me to make decisions there and then, more often than not they are not the in the best interest of my child so I now use the line "well it all sounds very good, however I would like time to consider my options and talk to my husband/partner about this, if you would put this in writing then I can then make my decision"!!!!!!

 

All sounds very negative I know but I think most of us here have learnt the hard way when the LA are involved

[Jangles65]

AUTISM WORKING GROUP (2002) (online) Autistic Spectrum Disorders, Good Practice Guidance. Department for Education and Skills, http://dfes.gov.uk/sen

just for interest

[mariejader]

Jangles65 can you check that link again please? It won't work for me

[groovycaz]

Had two supprises this week, 1 a letter from my local MPs office, stating they were extremely concerned about my issues with my LEA, his office have asked me to call his PA to arrange an appointment to discuss my concerns, and attempt to help me resolve any complaints I have, WOW lets see if they do any good, also, a reply to my letter to Durham Education Authority, of course they are very sorry for any distress I may have suffered, but they are following proceedures, and as the criteria changed for the issue of SENs they can only go from the information they are provided, they failed to answer my question as to why they gave no reason, not to undertake SA after my request, and still maintain that all their members of staff had followed the quidelines as set out by the government, this is just about the answer's I was expecting, its my intention to now keep the presure on, ive informed them that I WANT a Statuary Assessment to be undertaken for my son, ive told them that working with the school, we have every report that they could possibly need, and this will be sent in, in the following 2 weeks, ive informed them that I want them to look at all the reports on reciept and if there are any missing that they think are relevant, I want to be informed the same day, Im going to be ringing them every other day and be the biggest pain in the arse they've had in a long time...Gc

[mariejader]

Glad you have had a positive result from your MP, hopefully this will now start the ball rolling for you

 

GC I would suggest that you appeal their decision through SENDIST they should have informed you how to do this within their letter advising you they were not going to carry out an MPA, if you need details on how to do this then shout. Please be aware you have time limits in which appeals need to be issued.

 

I would also suggest that you arrange a mtg with your local authority to discuss the reasons why they have refused you and maybe you will be able to present any addition evidence they may have ignored, I know this may be a waste of time but if you go to tribunal it will prove you have done everything possible to resolve the matter before the hearing

[groovycaz]

Marie. im well out of time to appeal the LEAs decision not to undertake SA, at the time I was unaware of my rights of appeal, and after speaking with parent partnership, it was they who informed me of my rights, by the time I wrote my letter of complaint I was well out of the set time limits for appeal, and anyway they also told me that I had no grounds of appeal , and that I was unable to appeal non-statutory decisions, they failed to inform me that I could have appealed to an internal panel, which formed port of my complaint, I accused them of withholding information from me, and therefore denying any opportunity I may have had to obtain any help available so that my son could successfully complete his education. im more than ready for them this time, im in the process of following your links (thanks Marie) and my imput in his file when it goes to panel is, to say the least massive..Gc

[mariejader]

Sorry I must have mis read your earlier post.

 

How long ago did you apply for a statement? you may be within the time limits to apply again now.

 

The LA had a responsibility to tell you your rights when they told you they were not going to carry out the MPA, I would suggest that you also follow this up.

 

When are you meeting with your MP?

[groovycaz]

Hi Marie, it was nearly 2 years ago since I asked for them to undertake Stat Ass, their reply was that they decided not to undertake SA but to award Sam a Summative D Banding which gave the school some extra funding, but they said that the school would be able to give Sam the support he needed with the resources already available within the school, I then removed him from that school, they gave no explaination as to why they decided not to assess him and ive asked the school child psychologist about this and he said, its a money saving tactic, which most LEAs do regularly, they issued him with a D banding, so giving a little support to the school and hoping it will keep me quite, even the OT said she had never come across the problems ive had with Sam, she knows other children who's needs are'nt as great as Sams, who've had a SoN without any problems, I feel like ive been on a never ending journey with this.

Im waiting for an appointment to meet with my MP, who actually a good friend of my friends father, so who knows!!, the LEA will know whats hit them with the contents of my letter when we apply for Stat Ass, my imput is massive, after pointing out all the problems with Sam has every day, I then have my turn, and boy are they going to be shocked, I feel like getting a solicitor to complain on my behalf about the way they treated me and dismissed my fears for my child, there is one lady at Durham who was dealing with Sams case who now won t speak to me, so I always get put through to the head of the dept and I can hear it in his voice, but it just makes me more determined and I know I have an attitude in my voice but I really cant help it..Gc

[groovycaz]

Hi all, very happy with the way things are moving at the moment with Sam, had my meeting with my local MP, he was lovely and took on board everything and all the problems ive faced and his office have put together a very nice letter to add into his SENs application which went in yesterday, CAMHS wrote an excellent report stating that Sam cannot work independently and needed constant support, also same from child psychologist, autistic society and dyspraxia society, the school reports are also very well written, and I dont feel as if anythings been left out, in my own input, which mostly consisted of their failures and how they are letting our children down, ive also informed them that if Sam is again turned down for his statement, I am well aware of the appeal process. And massive celebrations in our house tonight, Sam just swam 5 meters at the pool today, and his whole class clapped and he was the special boy, im so proud of him, a little star..Gc

[Bookworm]

That's great news, GC, really pleased for you.

[groovycaz]

Hi all,

just a quick update, had a letter from Durham LEA informing me that Sams SENs following a request for statement from his school will go before inclusion panel on 13 Nov and I will be informed of the decision no later than 5 days after.. so were off, im ready if they turn him down again..Gc

[Bookworm]

Excellent. I don't want to bring you down, but don't build your hopes up, better to expect the worst and be ready for it than the best and get your hopes dashed.

 

We're all rooting for you.

[Jangles65]

Its great stuff when things get moving, Its all about pushing the right buttons.

 

Just checking, did you write the request for assessment yourself as well as the school? Its just that you don't have the same rights to appeal if you havent.

 

Good luck

[groovycaz]

OMG no it was the school who applied for assessment, I applied last time and they decided not to undertake assessment and told me i had no rights to appeal, what does this mean? if they turn him down again does this mean, because it was the school who applied, will i have no right of appeal? please help, i expect nothing from Durham LEA as we've been let down so many times before..what will i be able to do if they again turn him down..Gc:o

[groovycaz]

just remembered i did write a letter to go in with all his paperwork the school sent in, although it was not a direct request for assessment, i refered that i believed his educational needs should be reviewed as he could not access the school ciriculum without constant support..Gc

[Jangles65]

Don't panic, sure you will be fine. this is what ipsea is saying

What if the school offers to write on my behalf?

 

The Headteacher is able to write and ask for a 'statutory assessment', but if you do it yourself you can be sure that the request has definitely been made, and you will know when it has been made. However, if the Headteacher is willing, you could ask him or her to write a letter which supports your parental application.

Who should I write to?

 

Write to the top person at the LEA, usually called the Chief Education Officer or the Director of Education. You can find out what the top person is called in your LEA by asking at the school or the local library.

When should I hear back?

 

The LEA must reply within six weeks.

Remember: Always ask in writing. Keep a copy of your letter. Make a note of the six week deadline for the LEA’s reply. Ring IPSEA if you don’t get a reply after six weeks or if you want further advice.

Model letter

 

Dear Sir or Madam,

(child’s name) (date of birth)

Request for formal assessment

I am writing as the parent of the above child to request an assessment of his special educational needs under the 1996 Education Act.

(child’s name) attends ..................... school.

I believe that

(child’s name)'s

special educational needs are as follows:

 

 

My reasons for believing that the school cannot on their own make the provision required to meet my child’s needs are:

 

 

I understand that you are required by law to reply to this request within six weeks and that if you refuse I will be able to appeal to the Special Educational Needs Tribunal.

Yours sincerely,

 

Does anyone else have any information? it might be worth sticking the letter in to ensure you have crossed the T's. Ipsea site does not say that you can't appeal if the school has asked on their own. Sorry if I gave you a fright but its best to check everything.