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How can things get any worse? Sa refused now private slt report is in

48 replies

2boysnamedR · 22/10/2013 21:11

It says he is the bottom 1% in his private report but the lea refusal says he is making good progress in this area! Well if your the 1% then surely there is no way to get any worse! When would they not be pleased with progress!

I got the refusal letter sat but the private report came in today. I guess there's no point in sending this to the lea as it will only count for tribunal.

This week has really brought things to a head. Ds almost killed the baby via his inability to recognise danger, he gets refused sa because the lea said the school report was very positive. I got the schools report, what it really said was ds is failing in every aspect of learning and life. It painted him very very VERY badly. Then talking to someone last night it seems he really might have asd and dyspraxia but no dx and no assessment from school. Then this report which was the worse ever.

I'm winded, I am at crisis with no help. I hope this a tipping point to a dx. I can't carry on like this. I am fighting so hard. Inside a thick concrete block. All I doing is smashing myself up, I can't get out. I can make myself heard. I really can not cope. When will someone listen?

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claw2 · 22/10/2013 21:26

Try not to be too disheartened, its common for LA's to refuse SA as a matter of course, im sure without even looking at the request. Lodge your appeal and they often back down before Tribunal.

It took me 4 years, 2 SA requests and 1 tribunal. Not the best example of hope, but it is achievable. Don't give up.

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Ineedmorepatience · 22/10/2013 21:29

Awful situation 2boys, sorry you are having to go through this Sad

I have just requested SA for Dd3 but am fully expecting to be turned down as she is working at above average NC levels.

She is so anxious at school that she is making herself ill but I dont suppose that will matter to the LA Sad

I will appeal and fight as much as I can and will see what happens. You have to keep fighting for your Ds, I hope you can find the strength.

Good luck Smile

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PolterGoose · 22/10/2013 21:36

This reply has been deleted

Message withdrawn at poster's request.

lougle · 22/10/2013 21:47

Poor you. Remember, when you are writing your appeal, etc., that progress is not the same as attainment. Bottom 1% on its own means nothing. It could be bottom 1% now, but bottom 0.1% 6 months ago, which would be stunning progress! So, you need to try and pin down how very slow the progress is - that it's not just a low starting point.

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2boysnamedR · 22/10/2013 21:49

He is under developmental peadiatrics and has a appointment next month but she never talks about a dx. She did tell me three months ago he has dyspraxia but it wasn't mentioned in the report. Ot has written asking for a dx so I think we are close to getting that dx, but he has never been properly assessed. So no tests / assessments of asd / ADHD and I have alway thought it was asd. But he doesn't sit nicely there. Likes people, no verbal tics, no lining up etc but he is impulsive and has No concept of danger and can't apply his knowledge to situations. He doesn't seem to realise when others are upset. But not always

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wetaugust · 22/10/2013 22:17

Well it's time to take out your frustration on the Paed. The Paed should either dx or send you to someone who will.

I know that the LA should not be swayed by any particular dx but TBH, it's all the dozers there understand - ah, he has ASD so we need to do x,y,z. Sad.... etc

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2boysnamedR · 22/10/2013 22:33

I am going to the gp tomorrow to change pead.

If ds gets dla is he registered disabled?

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2boysnamedR · 22/10/2013 22:35

Writing my letter back to my case worker for his sa....

She only talked about his speech, ignored all other issues. I want to say 'he is registered disabled and has hyper mobility, SPd, behavioural issues and ot pead report so please explain why none of this was mentioned in your refusal' type thing

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wetaugust · 22/10/2013 22:53

There's no such thing as 'registered disabled'.

If you need to refer to the fact that he's disabled you could write 'he has been awarded DLA in recognition of his mild/moderate/severe difficulties due to [list dxs]

However, I wouldn't refer to that at all.

I would put

Dear Fuckwit,
I am disappointed that you have decided not to undertake a statutory assessment. I have lodged my appeal against your decision with SENDIST.
Love and kisses, 2Boys

Or not even bother to talk to them at all - just lodge appeal.

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claw2 · 22/10/2013 23:25

I would think mentioning DLA and SA in the same sentence not a good idea.

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wetaugust · 22/10/2013 23:29

Yes, you're right Claw, I don't think mentioning DLA is a good idea. It's irrelevant in respect of the refusal to assess.

You could enclose copy of the private SALT report and invite them to revise their decision (you'll have to give them a copy of it anyway if you do appeal to SENDIST). It might make them change their minds (give them a get out clause - ability to change decision based on new evidence),

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2boysnamedR · 22/10/2013 23:42

I was toying with sending the new evidence but the fuckers panel might just go back to the nhs and score him as a three year old which is what they did in August to get his scores up

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claw2 · 22/10/2013 23:44

Did they contact they professionals you named?

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claw2 · 22/10/2013 23:44

the

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2boysnamedR · 22/10/2013 23:48

I would love to say

Dear thicko, I did enjoy your fictional story. However I was in fact referring to my REAL son. Did you read his nhs reports? Please again let me state my son has learning difficulties not me so please do not try to fob me off with your nonsensical ramblings. I do look forward to tribunal where I would like to shove a lite firework up your area so you know what shit hitting the fan looks like look forward to you enlightening me more on how fantastic my son is and if you think he will do well at Eton

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2boysnamedR · 22/10/2013 23:50

Hmm - I don't know claw. I can ask the ot. Salt hate my guts as I complained so much... My pead only calls me when i am on a verge of a brake down - or complaining to the head of customer care......

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2boysnamedR · 22/10/2013 23:52

I am enjoying writing this letter in the hope they change their mind before tribunal ( fantasty I know ) it's rather therapeutic too. Gets my ideas sorted

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claw2 · 22/10/2013 23:52

I wrote first time around for SA. They did back down and agree to assess.

I am writing to you following your decision to refuse my request for a Statutory Assessment.

I am disappointed that in making that decision you failed to contact the professionals whose reports I provided with my initial request. I consider without their input you have made an uninformed decision.

Those reports identified difficulties that are not currently adequately supported and require specific support.

However, the true extent of those difficulties or the support required will not be known until a full Statutory Assessment is undertaken.

I then went on to give a few examples of 'without adequate help and support in place for x difficulty and the consequence of not receiving it.

The help and support received by ds in school continues to be aimed at academic achievement rather than in response to his social, sensory, emotional or behavioural difficulties. I think this sums up the schools inability to understand ds’s complex needs.

Outside agencies have made recommendations which the school are unable to implement due to lack of resources.

As a result, school are failing to identify what the adults responsibility is in ds's care and are unable to identify what help should be given, how often help will be given, who will give the help, or how progress will be monitored or targets set.

This is not acceptable.

I am lodging an appeal with SENDIST at your refusal to assess.

I am requesting that you provide me with the following information as required under the Education (SEN) (provisions of information by LEA’s) (England) regulations 2001.

• Details of help you expect local schools to provide for children at school action plus with my childs special needs?

Listed difficulties x, y, z

• Details of the criteria you use to decide when to make a Statutory Assessment of children with my child’s special needs?

Yours faithfully
Mrs wellpissedoff

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wetaugust · 22/10/2013 23:55

Claw's given you a good example of the sort of letter you need to write 2boys.

You cannot be emotional - much as you'd like to. You have to stick solely to facts. You need to remember that the Tribunal will probably see this letter so you need to keep it firm and business-like.

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2boysnamedR · 23/10/2013 00:10

Thanks that's a good letter! I can see mine needs to be trimmed at bit. Better take the part out about the firework then....

I will email his pead and ot tonight and ask if they gave evidence. I guess there is no rush as i have eight weeks I just want it done so I can enjoy those brief moments where life isn't all about fighting the system :0(

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claw2 · 23/10/2013 00:14

Backing down before tribunal isn't fantasy at all, in fact its probably highly likely. Backing down before you lodge your appeal, is probably very unlikely.

They should have provided you with copies of the evidence they relied on to make their decision?

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2boysnamedR · 23/10/2013 00:21

No I no copies of their evidence. Just the letter, how to appeal fact sheet and a mediation factsheet

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claw2 · 23/10/2013 00:26

Did you ask for them to contact professionals? If so, ask for a copy of the evidence they relied on to make their decision. My LA did provide copies of evidence, with the refusal to assess letter, so I knew they hadn't contacted the professionals.

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claw2 · 23/10/2013 00:30

In fact just knock up a 'im disappointed' letter very quickly, don't waste too much time or energy, same as lodging your appeal, just get it lodged, worry about details after.

They probably wont take too much notice until they see you have lodged an appeal. That's not to say its not worth a try.

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KOKOagainandagain · 23/10/2013 08:20

When DS1 was refused SA the first time, an LA bod told me that if there was new evidence I could bring this under the initial application and not have to wait 6 months to apply again. You can do this whether or not you have given them the contact details of the assessor in your application.

The blanket policies relating to 1st-2nd percentile are annoying when DC are assessed on the 4th but can work to your advantage in that the application may meet the illegal criteria of severity. The whole point of refusing SA is so that assessments that reveal these scores are never made. If you don't assess, you don't find the problem or have to commit any resources to fixing it.

The only way to refute the findings of the assessment would be to carry out further assessment - which is why you are requesting SA.

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