Applying for a statement - sorry, very long

[KarenThirl]

I've posted this on another forum so apologies to any who've already seen it.

A bit of background... J's 9, dx of AS, in Y4 of mainstream primary. We moved him to his present school in September and it's fantastic, everything we wanted - small classes, children who like him and want to be friends, autism-aware, friendly and supportive teachers and he's happy for the first time in his school life. His old school was totally the opposite, didn't particularly want SN on the premises, had no patience with behavioural disorders and did very little to support him. Frequently talked the talk but did little to back that up. J's a typical 'coper' on the surface, would get through the day in school then erupt afterwards at home from the stress. There were countless examples of him cracking up but school regarded it as a 'home problem' and offered no practical help.

In both schools he's done academically very well, top sets in everything, loves learning. Even in the old school he thrived on the classroom environment because of its order and predictability, but struggled to cope in unstructured times such as playtimes and lunch. Other children soon learned how to press his buttons, he was bullied and teased but always got the blame because it was mishandled.

Although he's only in Y4 I've spoken with the Choice Advisor from the LEA about appropriate secondary places and she's advised me to apply for a statutory assessment to widen his options. I've explained to her that J is calm and settled in school right now (and afterwards ? no stress-induced meltdowns) because he's in the right environment, and that's why he's presenting no immediate problems. However, in his old school he would lash out in aggressive outburst almost daily, he had no friends, no social boundaries and it was very difficult to teach him how to behave more appropriately - theoretically he understood right from wrong but could never apply those rules when he became emotional. In the time he's been at the new school he's learned so much because he is so much calmer and receptive. However, all the work that's been done with him is at home, apart from a weekly social skills group in school. He's currently on SA+. My aim is to prove that although he's settled now, it's because of a considerable effort to get him to that point and because he's in the right environment. I want to use past evidence to show how severe his behaviour was when his needs weren't being met, so that they can understand the importance of getting him into the right secondary school.

I've been going back through notes and correspondence from the old school and have been quite alarmed at how much I'd forgotten about how awful things were for him there. Countless incidents of him hitting other children in frustration, bullying that wasn't addressed, and the comment from the Head saying that J was 'the most violent child with AS she's ever encountered', and questioning whether that was the right place for him, shouldn't he be in special school.

I would like to think I've got grounds to apply for a statement for proactive reasons, as it's clear to me that his progress and happiness this year have been largely due to the appropriate environment in which he's being taught. But would the LEA agree to assessment if he's coping so well at the moment? There would be no current evidence of his dificulties as he's calm enough to manage them. I want to avoid him sliding back into his old stressed pattern if I possibly can but I think he needs to be in the right school for this to happen. I can't just assume that any school he goes to will meet his needs - the one he's just left got Outstanding in its recent OFSTED and they were nothing short of barbaric at times. The irony is that his new school feeds into the best school in the borough but it's ridiculously over-subscribed and J isn't automatically eligible because we live out of catchment.

If anyone has advice or comments on this I'd be glad to hear them.
Thanks.

[AttilaTheMeerkat]

I would take heed of what this Choice Advisor person is saying because I think they don't necessarily say such things without good reason.

Am glad to read that J is doing so well currently but things will be a lot different in secondary school. If he is still on SA plus he will get very little support there at that time and could thus struggle badly under the strain.

A statement is not only just there for academic needs; its also there for social needs as well.

I'd apply for this anyway. Have seen way too many people struggle badly because their various needs have never been met. You won't know re the statement until you apply for it in person (DO NOT let the school do this); I would write to the Chief Education Officer at the LEA in question and ask for J to be assessed. You need to give them six weeks to apply (mark that date on the calendar). They will likely more than not say NO but you can appeal their crass decision as his Mum. You have far more rights than school does anyway in this particular regard.

Generally the sooner such documents are applied for the better. Certainly do not delay until the end of year 5.

If you are wondering what to write IPSEA have model letters you can use on their website (www.ipsea.org.uk) and they are very helpful anyway to have on board. ALthough their phone line is often bery busy they are well worth contacting; their advice is second to none really.

If you post your question also on the Special Needs board of this website you should get replies that way too.

HTH

[KarenThirl]

Thanks Attila. I've been trying to get in touch with IPSEA all week, have spoken to them in the past and found them helpful. I want to be able to tell school that I've been advised by them to apply. Also seeing Parent Partnership rep on Friday, who seems to think that I have a good case.

Will certainly post again in SN. Thanks for your advice and support.

[AttilaTheMeerkat]

You're very welcome.

Would be slightly wary of PP simply because they often work in conjunction with the LEA and are funded by them!. Their problem therefore is they are not fully independent of the LEA.

Good luck, let us know how you get on.

[clarisa]

KarenThirl, I am so amazed, its like reading what my son is going through at the moment!!! (the first school you mentioned that is!!). Things have gotten so bad I have removed him (still on role) and am HE him whilst I go to tribunal as LEA has refused to assess for a statement. I am so glad you found a suitable schoolor your child.....how did you do this??recommendation??or just visiting lots of different schools???? I am so wanting my ds who is also 9 to attend a Special school, as he has autism, tourettes, dyspraxia and sensory intergration, but cannot get him a placement without a statement. The LEA seem to think the school are coping very well, and are putting into place everything ds needs!!!! Again talk the talk but does not act on it. Maybe put things in place for a few days and stop. Again this school has outstanding ofsted........they don't seem to see what happens behind closed gates!!!!! DS has been excluded 3 times in my mind due to mismangement of special needs, fuel to the fire so to speak. Good luck to you, lets hope your LEA are more understandable than mine. clairsa x

[KarenThirl]

Hi Clarisa

Sorry to hear you're going through a rough time with your son's school too. I think in our case a lot of it was ignorance - they truly felt they were doing their best for J but you can't unless you know how much CAN be done, and they simply didn't have the awareness, they just THOUGHT they did. They didn't even bother to read the materials provided by autism outreach, and actually refused training which would have helped them understand him better.

I was lucky that I knew of the school he's at now by reputation, because several of the mums at my AS support group had their children there. As it was in the same LA as his first school there was no difficulty in getting him transferred, although I was told I wouldn't qualify for transport as I was moving him out of catchment by my own choice (cue driving lessons...) It was well worth it though. The school has an ASD unit attached so all the staff have high levels of awareness, so consequently J manages very well in the mainstream part. Mind you, that's largely because of the massive amount of work I've done with him at home, which has only recently begun to take effect now that he's calm enough to be receptive to it.

I wish you luck with your tribunal, it sounds as though your son really should have that statement so keep on fighting till you get it. As will I!

[clarisa]

Many thanks karen, will talk to parents of my local asd group and see if there are any that can recommend a school. (although I know alot of them have there children in the special school that I wish for my ds son to attend). This is all so wrong for parents to have to fight to get the correct education for their child. I am so worried that ds will be without a statement, and he is due in secondary next year. Head Teacher has on numerous occasions said he would definately not cope in Mainstream secondary....so something definately needs to be done. DS has had such a bad experience with the school that the last straw (other than exclusions) was the day he said 'if you send me back there I will run away, or stab myself'. Obviously this sent so many alarm bells ringing in my head, hence keeping him off. I have a meeting in school tomorrow which Parent Partnership set up as I have had phone call from Education Welfare Officer threatening prosecution a few weeks ago. I am aiming for work to be sent home and a one day a week at the special school I want him to go to. The headteacher from there has agreed to come along also. So tomorrow is going to be a stressfull day, as I know the school are going to make out that he would be fine going back there, and all these things have been put in place....I can hear it all now. All to make the school 'look' good. By the way where abouts are you..... I am in somerset and have been informed they are one of the worst LEA's to get a statement from........on the other hand Devon are suppose to be very supportive.

[KarenThirl]

We're in Gateshead, and I don't think they're much better! Overall it's supposed to be one of the top councils in the country but education provision is still bog-standard and more about form-filling and statistics than children's needs. I know several families with statemented children who still aren't getting the support they're entitled to, despite having it laid out in a supposed legal contract. Good luck with your meeting tomorrow, stick to your guns, you know you are right and will get what your son needs in the longrun.

I've just spoken with IPSEA who have advised that I apply as soon as possible, but stressing that I am very pleased with his current school and am making provision for the future. That's really all I wanted from them at this stage, as I want to be able to tell school at his forthcoming IEP review that I'll be applying and would like their support. Will see what Parent Partnership say on Friday too. After the poor relationship I had with his previous school I want to make sure that nothing I say from this point on can be construed as contentious!

[clarisa]

Fingers crossed for you Karen x keep in touch, its nice to talk to others about identical unfortunate happenings and hearing about bright lights at the end of some peoples tunels!!!! Will keep you informed of any progress that may happen. Take care. Bye for now.

[jaanpa]

In this area, and in all areas in the future, statements are being phased out. The money is supposedly deing channelled into schools for the school to use as it sees fit. in certain circumstances there will be extra funding available, but in order to get this the school will have to open its books to the panel to prove that they are spending its SEN money appropriately and if any other money is available ( from another part of the budget for example) the school will be told to use that before any extra will be awarded. Sadly, this new system will also remove the legal requirement to spend statement funds on a specific child! Children who already have a statement are not affected but new statements are just not happening here!

[AttilaTheMeerkat]

Hi

Complain to your MP, IPSEA and SOS;SEN. The LEA is on very dodgy ground here. Many do act illegally especially if they can get away with it.

I sincerely hope you are aware that LEA's are not allowed to completely dodge their statutory responsibilities in such a manner. Statements are both needed, are still issued and they have certainly not been abolished.

Have a look at IPSEA's website - they are campaigning with regards to these issues (www.ipsea.org.uk).

[KarenThirl]

I've heard this from people in many parts of the country but I'm assured by Parent Partnership that statements are still being issued by my LEA, though they are more strict about the process. I feel I have to do this for my son because he'll sink within a week at the bog-standard secondaries around here. I know I have a huge battle ahead of me!

[allytjd]

We have a problem where we live (Scotland) because having a statement can actually reduce your ability to choose a school for your child, children with a statement are banned from out of county placements(and we live near the border for four different counties!) but the only schools in our county are all bog standard , or lower, comps. We can't try the private school at the end of the road becuase it doesn't want boys like DS2 who has AS and, despite being bright, has dyslexia type problems. We will probably have to move house but of course this will affect my other two kids who have many friends here. The inflexibility and lack of common sense in the system are very frustrating all round.

[allytjd]

I should have said that DS2 does not have a statement at the moment but like Karen's son he is coping ATM because a lot of effort has been put in, I am well aware that things might fall apart at high school.

[allytjd]

I should have said that DS2 does not have a statement at the moment but like Karen's son he is coping ATM because a lot of effort has been put in, I am well aware that things might fall apart at high school.