Applying for a Statement

[diamond1]

My first discussion. My daughter has been on action plan plus for the past year. Despite extra support at school and home, she is not making adequate progress. Has significant difficulties with reading. Current reading age is 6, when she is nearly 8 years old. I am very concerned, but school are not, They want to plod on using strategies that do not seem to be making any difference. I feel frustrated, my daughter is so far behind everyone else in the classs. At least6/7 reading levels behind. The gap is widening. How can she progress if she is unable to read the words? They have predicted she will achieve a 3a in year 6. So in their eyes she has failed before even got there? Just applied for a statement? Any help or advice would be gratefully received.

[wideload]

have you applied for the statement or the school? I would advise it to be you, it will happen a lot quicker if its you. It will be a hard year, but don't give up. Ask these for help too. or your countys version

[AttilaTheMeerkat]

School Action plus is to my mind not worth the paper its written on particularly if the school is not proactive.

Would suggest you have a look IPSEA's website for more guidance; there are model letters you can use re applying for such a document.
Also such a thing is legally binding (unlike plans like SA plus).

www.ipsea.org.uk is the website you need to look at. IPSEA as well are fully independent.

There is nothing to stop you as the parents applying for such a document; be prepared for the LEA to refuse your initial request and do not give up!!.

DO not let the school go anywhere near a Statement application; it needs to come from you as her parents. You are in a far better position than they are in this regard.

Some Parent Partnerships organisations can work in cahoots with their particular LEA; sound out your particular PP by all means but you can do this without their help necessarily.

[stpauls]

The problem for your daughter is that the gap between her chronological age and her spelling age is not wide enough. In other words she would not qualify for a statement. Very often there also needs to be a complex range of needs in order to qualify. Good luck anyway!
In the meantime 'Wordshark' is a fantastic computer program which could be used daily to develop your daughter's spelling skills and children love it. Also ask the school to look at something called 'Toe By Toe' which is a reading/spelling programme that both you and the school could deliver jointly on a daily basis. It's had a dramatic impact on a number of children I work with who have a specific learning difficulty similar (it sounds) to your daughter. These can be sourced via the internet.

[isgrassgreener]

Just to add what stpauls has said many LEA seem to use 4 years as the gap that is needed before they will consider a statement. Of course this gap is not listed anywhere in the code of practise, but it is often used.

The "Toe by Toe" people also do a book called "Stairway to Spelling - A manual for reading and spelling high frequency words" by Kedra Cowling £17 I bought it on amazon.

I used a specialist tutor for a while, I used to take DS1 out during school time so that he didn't feel like he was having to do even more extra work. We used to do homework from the tutor as well as his school homework. The downside of that was it was quite expensive.

It's a difficult place to be and often it isn't easy to find a good solution. We ended up taking DS out of his mainstream primary and putting him in a specialist school, we are doing it for 2 years and hope that the intensive teaching and small class sizes will help him to catch up. Then he will have to go back to mainstream for secondary school.

Good luck and don't give up hope.

[AttilaTheMeerkat]

"Just to add what stpauls has said many LEA seem to use 4 years as the gap that is needed before they will consider a statement. Of course this gap is not listed anywhere in the code of practise, but it is often used".

Hi,

Such blanket policies are often employed by LEA's but it is illegal for them to do so. LEA's know it is illegal (the Dfes has told them often enough!).

This stance by LEA's has been challenged many times and successfully in the courts. LEA's have a statutory duty to provide a statement if needed. IPSEA are very good and would suggest you read their website which is www.ipsea.org.uk.

[scoggins]

ONly the school will have enough paperwork in order for an SEN panel to even think about awarding a statement - so you must do this in partnership with the school. If you go it alone you have no proof of your child's needs and they will refuse you everytime.

[minniebirdy]

Attila is right - go to IPSEA - they will advise. The school will not necessarily have the rightinfo and some will resist your child being statemented as these days they often have to contribute to funding, lots more paperwork,etc. if you ask for a statutory assessment and the LEA turns it down you have automatic right of appeal to a SEN Tribunal. 60-70% of these cases are directed by the tribunal to go on to full Assessment. If this happens the Educational Psychology Service will have to do a full psychological assessment on the child which will highlight all his/her difficulties. Failing that you can get a private EP report for about £300-£400

[AttilaTheMeerkat]

Hi Scoggins,

Re your comment:-

"Only the school will have enough paperwork in order for an SEN panel to even think about awarding a statement - so you must do this in partnership with the school. If you go it alone you have no proof of your child's needs and they will refuse you everytime".

The above is not in my experience and I certainly would not let any school go near a statement application. Also if parents "go it alone" parents can appeal to Tribunal; schools cannot.

In my son's junior school ALL of the statement requests the school have put forward the past 5 years have been refused by the LEA. I wonder why!!!. And it's not due to lack of paperwork on their part.

The main task for parents is to get the LEA to agree to assess in the first place. This is the initial hard bit. The LEA will write for reports once they have agreed; parents certainly do not have to provide a mountain of stuff beforehand.

Any parent thinking of applying for a statement should look at IPSEA's website initially.

[scoggins]

I have applied for 6 statements for children in my school and none of them have been refused. WHen a parent tried to apply on her own she was refused.
Parents don't have to provide a mountain of stuff but how do you think the LEA assess - who do you think they ask - the school! and it is that paperwork that the LEA need to see.

[AttilaTheMeerkat]

Hi Scoggins,

"I have applied for 6 statements for children in my school and none of them have been refused".

Well that's great to hear because it shows you've done a good job - along with the other specialists who have made reports. Sometimes when it is shown that such a group of people are both bloody minded and are also not going to go away, the LEA will be prepared to assess. They probably dread seeing your name!!.

"Parents don't have to provide a mountain of stuff but how do you think the LEA assess - who do you think they ask - the school! and it is that paperwork that the LEA need to see".

I know full well how the LEA assess - have been through the statementing process and come out the other side. The LEA don't just ask the school; they also ask for reports from all the other experts the child sees e.g the OT, speech therapist, developmental paediatrician to name but three. Therefore and in my view a successful application is not solely just down to how the school words their application.

The hard bit (one of many hard tasks) is to get the LEA in question to agree to assessment in the first place.

As you are likely to be a SENCO/inclusions manager at school I would like to ask you why you think ALL the applications for statement that my son's junior school made were refused by the LEA (didn't even reach panel stage). And that was not through want of trying either so I will give you the reason why. It is because in this area anyway the LEA will refuse any school made application because they can!. I was advised a few years ago when DS was in infants to make the application myself and I am extremely glad I did.

[KT12]

Attila, every Local Authority does things their own way. I work in the field and have worked in several authorities. I would certainly advise that first prize is always for the school and the parents to work together. I am sorry to hear this was not possible in your case.

Also about illegal policies...every authority interprets the Code of Practice differently, as it is in fact a guideline and not a legal document. As long as the policies are properly documented and all are clear and have copies and the policies were created through appropriate consultation, they are legal. In the authorities where I have worked diamonds1's dd would not meet criteria for statutory assessment and a tribunal would not over turn this.

Depending on the authority, School Action Plus can provide appropriate support, eg in the authority where I currently work you can get funding at SA+ ie without a Statement. And when schools are expected to fund support from their own budget, this is usually because they have delegated SEN funding.

[AttilaTheMeerkat]

"Attila, every Local Authority does things their own way. I work in the field and have worked in several authorities. I would certainly advise that first prize is always for the school and the parents to work together. I am sorry to hear this was not possible in your case".

Yes LEA's certainly work in their own mysterious way!. Many of them still try and dodge their statutory responsibilities - you surely cannot deny poor practice and obstructiveness in many LEA's. I do have a degree of sympathy for many LEA's, they are working under extremely tight budgets and staff shortages - but many of them are still actively breaking the law. And that's precisely where my sympathy for them ends.

You misunderstand on one point - we did work together (the school backed my application but we made the initial request ourselves). I was advised that I would have a greater chance of success if I made my own Statement application. I did this and got the Statement.

"Also about illegal policies...every authority interprets the Code of Practice differently

they certainly do!!!. Illegal blanket policies though are just that - illegal and LEA's know it. Many LEA's do not properly follow the statutory guidelines.

"As long as the policies are properly documented and all are clear and have copies and the policies were created through appropriate consultation, they are legal. In the authorities where I have worked diamonds1's dd would not meet criteria for statutory assessment and a tribunal would not over turn this".

I love that phrase "appropriate consultation". Hah!!!. Even when a statement is obtained it can be badly worded and vague thus setting up the need for it to be challenged.

Some LEA's go out of their way to be deliberately obstructive. I've actually met with some of the staff at the LEA I reside in and found them to be humane if not somewhat dogmatic in their approach.

It is not impossible to be statemented for dyslexia but it is extremely difficult.
The majority of cases that go to Tribunal are found in the parents' favour.

"Depending on the authority, School Action Plus can provide appropriate support

HELL NO!!!, not in this LEA (even you say depending on the authority). Children are being failed here. SA plus to my mind is not worth the paper its written on. It has no teeth and importantly no legal backing.

"eg in the authority where I currently work you can get funding at SA+ ie without a Statement. And when schools are expected to fund support from their own budget, this is usually because they have delegated SEN funding".

Ah yes the delegated self funding scheme that some LEA's are bringing in. Ah yes, don't give the child a Statement (and the legal protection that goes with it) but let the school sort the problem out. A scheme that is itself causing no end of problems for both schools and parents. People are being short changed and failed by a system that is designed to help them, not challenge them at every turn.

I am just glad that such an organisation like IPSEA exists because that above scheme you write of in particular needs challenging.

[KT12]

Attila - I don't think it is possible to shift your extremely strong opinions - but for anyone else reading this thread I'd just like to stress that there are many professionals who work in the field who ARE very supportive to children with SEN, their parents and the school. There are many parents with whom I have worked very closely who have been very grateful for the input and the outcomes of LA professionals involved - it is not all just a one-sided story.

As this thread is about application for Statutory Assessment, I'd just like to say that in the authority where I work, a parental request over a school request will not result in a more favourable outcome as the criteria are very specific and clear. These critera are based on level of need and not diagnosis.

[AttilaTheMeerkat]

"These criteria are based on level of need and not diagnosis".

You cannot deny there are instances where children are refused statements when it is clear that there is a need. I am just saying that a lot of LEA's do try and dodge their statutory responsibility. They are not all bad and there are examples of good practice (some LEA staff doubtless feel demoralised) but there's a whole body of information out there showing obstructive behaviour from LEAs. Behaviour as well which has been successfully challenged in the courts.

I would still advise any parent to write the initial letter of request to the LEA - you know its been done then as some schools can sit on such requests for an age.

[AttilaTheMeerkat]

I am also grateful to the LEA employed specialist teacher who comes in every term re my DS but his school don't really want her there at all.

[stokeymummyn16]

"How can she progress if she is unable to read the words? They have predicted she will achieve a 3a in year 6. So in their eyes she has failed before even got there? Just applied for a statement? Any help or advice would be gratefully received."

Hi
Have you tried a reading recovery programme?
my mother in law bought my son the 15 minutes a day programme and all of the books (£60)
with guidance
we did this every day in the school holidays
my son started it at school in september and is progressing slowly
he could only recognize about four/five words in May but can read at least 50/60 words now (he is in year 2) and is slowly increasing his skills despite language difficulties.
friends have tried this at home- whiteboard and marker pen, writing reading and spelling the words- three a day. should last about 12 weeks but my son is on week six or so and this has taken since september. good luck. if you want further detials re. 15 minutes a day- let us know