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Refusal To Assess


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#1 Mummybearof 2

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Posted 19 March 2013 - 11:55 AM

Hello everyone,

 

Just received Big bear's letter from LEA refusal to assess. It was not a real surprise but we feel a little left in limbo. LEA noted a big difference in the school's and our perception on how he is doing at school. They are pleased they get more work out of him and academically he is doing well apart from literacy (narrative, story writing). We see a very stressed and anxious child with low self esteem.

 

Also just received initial findings from private SALT that says her report will not help our case because Big bear is extremely bright and scores on the majority of things very highly. She did agree that the sort of things he needs are not a lot really to ask for but that he wouldn't get it on a statement at this point on time. I think his acts of aggression are not frequent enough although increasing and they are directed at peers and not teachers. He would need one TA to work with him consistently and not 3 different ones at different times of the day, proper anger management sessions 3x week 30mins and really vitally a proper organised weekly social skills group that would tackle usual issues of teasing, sharing, turn taking all the usuals aspie difficulties. Early intervention with this would make a huge difference to him and his learning.

 

LEA say we should meet with school and EP (finally we get to see one, although he will meet with us not going to see our child, hasn;t got a clue who our child is ) and the Behaviour support which has been intervening over the past year all going to meet to discuss how they are helping him at school action plus.

 

My question is that school do not provide the 3x a week 30min anger management sessions as instructed by BS a year ago, in their submission they said they did 15mins a week (most weeks it is less than this more like show a social story about anger at the beginning of the day). They cannot provide TA cover to the class let alone for him to cover full time. Friday afternoons there is no cover at all. They cannot provide one single trained TA rather than sharing it with 3 TA's at different times and they do not have the time and resources to provide the social skill group which he really needs to prevent some of the anger that stems from frustration and misunderstandings. How can I get the school to implement what is required as outlined by my SALT and the Behaviour support. At every meeting they say they cannot do social skills group they can only do it as part of a general class circle time which the BS says is not adequate. Who is able to enforce this and review that it is being done? The BS up to now has let it slide.

 

LEA say the school say they manage him fine at school action plus yet they have not reviewed any of his IEPS which have not changed over 2 yrs. They were not impressed that his targets were not reviewed but did say that the targets were appropriate??

 

Private EP is coming so I will have more info before this muti-team meeting with EP, school and BS that needs to take place. Should I take partnership with parents with me? Is this a standard LEA response, the school should be doing more at school action plus?

 

Do I appeal or wait for 6 months when nothing is implemented and he will be so much worse in terms of more internal exclusions (has had 3 very recently which school failed to mention in their submission)? The only reason we wanted a statement was to guarantee a trained TA for certain number of hours (gets 14hrs currently this yr but no idea what will be available next yr) and just to make sure that the sessions he needs social and anger management are implemented. If all of this were to be in place he wouldn't need a statement and he would learn how to cope now before it gets to crisis point.

 

Any help greatly appreciated!

 

PS can they continue to give him internal exclusions for aggressive behaviour towards other children when he is unable to control his anger. These exclusions make him feel ashamed of his behaviour but as he says he cannot control it so it doesn't stop him from re-offending. Surely they should be providing more support and preventing the anger escalating, he should not be punished through lack of support surely?


Edited by Mummybearof 2, 19 March 2013 - 11:57 AM.

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#2 Huwbert

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Posted 24 March 2013 - 10:57 AM

I've not been in this position, but I'm not in support of the LEA's 'don't act until its well out of control'  approach.
 

Good luck getting all your evidence to appeal
HUW x



#3 imperfect parent

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Posted 24 March 2013 - 01:40 PM

My question is that school do not provide the 3x a week 30min anger management sessions as instructed by BS a year ago, in their submission they said they did 15mins a week (most weeks it is less than this more like show a social story about anger at the beginning of the day). They cannot provide TA cover to the class let alone for him to cover full time. Friday afternoons there is no cover at all. They cannot provide one single trained TA rather than sharing it with 3 TA's at different times and they do not have the time and resources to provide the social skill group which he really needs to prevent some of the anger that stems from frustration and misunderstandings. How can I get the school to implement what is required as outlined by my SALT and the Behaviour support. At every meeting they say they cannot do social skills group they can only do it as part of a general class circle time which the BS says is not adequate. Who is able to enforce this and review that it is being done? The BS up to now has let it slide.

If the school cannot provide this from their own resources then it follows that a statement is needed.

 

The internal exclusions for loss of control concern me most.  If they are punishing him for his disability it is wrong.  Since they have already admitted that they are not delivering the recommended anger management sessions I would think they are on a sticky wicket with this.

 

I would appeal now.  Remember at this stage you are appealing a refusal to assess.  He needs to be assessed for a number of reasons and you should list them.  I'll start, but you may find more

  • We see a very stressed and anxious child with low self esteem.
  •  academically he is doing well apart from literacy (narrative, story writing) 
  • extremely bright and scores on the majority of things very highly.
  •  He would need one TA to work with him consistently and not 3 different ones at different times of the day,
  • Needs proper anger management sessions 3x week 30mins
  • Needs a proper organised weekly social skills group that would tackle usual issues of teasing, sharing, turn taking all the usuals aspie difficulties. Early intervention with this would make a huge difference to him and his learning.
  •  the Behaviour support which has been intervening over the past year all going to meet to discuss how they are helping him at school action plus.
  • Friday afternoons there is no cover at all. 
  •  IEPS which have not changed over 2 yrs. They were not impressed that his targets were not reviewed 
  •  internal exclusions for aggressive behaviour towards other children when he is unable to control his anger. These exclusions make him feel ashamed of his behaviour but as he says he cannot control it so it doesn't stop him from re-offending.

 

 I've cut and pasted what you've written so it's your words.  Quite why they are unwilling to do a statutory assessment when it is clear his needs aren't being met is wrong.  However they will generally refuse if there is a good chance that a statement is needed.  (Not all Statutory assessments end in a statement, you could get a note in lieu)

 

 Should I take partnership with parents with me?

 Yes

 

 

 

 

 Is this a standard LEA response, the school should be doing more at school action plus?

 

 Yes,and yes if they have the funding.  One criteria for the need for a statement is that the school cannot meet the needs of the child from their budget, or with expertise within the school staff.


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#4 naelith

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Posted 25 March 2013 - 08:38 AM

Yes this is a pretty standard response from what I have seen. I got this response for my daughter last year and appealed. They backed down straight away did a SA then issued a note in lieu, I appealed again went to tribunal (at this time my dd had gone from bad to worse because of lack of intervention) I won and got a statement. I've now got a tribunal again next month because the statement given is a load of waffle.
Sounds like you have a lot of evidence to appeal with x



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