11+ Appeal with Statement of Special Needs
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Yes Etienne it is - we feel that our extenuating circumstances are her Aspergers but also feel that the way the school has dealt with everything from not wanting her to do it and insinuating that it was in their control to stop her and not even applying for concessions is a factor as well. Partner Partnership seemed to suggest that once we asked, knowing that she has a statement and a diagnosis of Aspergers, the head teacher had a legal obligation to apply regardless of whether she thought we would get any or not.
How should we approach this? Am feeling a bit desperate!!!!
How should we approach this? Am feeling a bit desperate!!!!
Don't worry!
One more question before I respond. On the appeal form you filled in, there would have been a question on the front page (something like "Do you believe your child to have a disability as defined by the Disability Discrimination Act?" - or words to that effect). Did you answer "Yes" or "No"? It doesn't matter what you put, but it helps me to know.
One more question before I respond. On the appeal form you filled in, there would have been a question on the front page (something like "Do you believe your child to have a disability as defined by the Disability Discrimination Act?" - or words to that effect). Did you answer "Yes" or "No"? It doesn't matter what you put, but it helps me to know.
Etienne
Thanks. That helps.
As it's a BCC school, the headteacher is in effect acting as an agent of the LA.
If there is a disability under the DDA, and if the LA is aware of it, it has a legal duty to take reasonable steps so that the pupil is not at a substantial disadvantage when compared with other children, without justification.
If the authority didn't know about the disability, they could have argued the 'lack of knowledge' defence, but the fact that the school (a BCC school!) knew all about your child but still failed to send in a form requesting adjustments, means that there is no "lack of knowledge" and there may have been discrimination on the part of the LA.
As far as the appeal is concerned, your case should be considered from two points of view (as a disability case and as an "ordinary" appeal). The panel won't take the following decisions until after you've gone, but these are the sort of issues they will probably be considering:
All you have to do at some point is to express concern that the school failed to request adjustments despite knowing all about your daughter. You could mention that you didn't realise something unlawful may have taken place until Parent Partnership advised you recently.
The panel will take care of the rest by asking questions. All you have to do is answer to the best of your knowledge. Try to be factual rather than critical. It's best not to attack the school. Just express "concern" that things may not have been done correctly. It makes a good impression if you come across as a very reasonable parent - which I'm sure you are!
Hope this helps. Let me know if anything is not clear.
As it's a BCC school, the headteacher is in effect acting as an agent of the LA.
If there is a disability under the DDA, and if the LA is aware of it, it has a legal duty to take reasonable steps so that the pupil is not at a substantial disadvantage when compared with other children, without justification.
If the authority didn't know about the disability, they could have argued the 'lack of knowledge' defence, but the fact that the school (a BCC school!) knew all about your child but still failed to send in a form requesting adjustments, means that there is no "lack of knowledge" and there may have been discrimination on the part of the LA.
As far as the appeal is concerned, your case should be considered from two points of view (as a disability case and as an "ordinary" appeal). The panel won't take the following decisions until after you've gone, but these are the sort of issues they will probably be considering:
- 1. Is there a disability within the meaning of the DDA?
See: http://www.elevenplusexams.co.uk/11plus ... ers.php#a5
2. If so, did the authority know, or could they reasonably have been expected to know?
3. If so, were reasonable adjustments made?
4. If reasonable adjustments were not made or were inadequate, on the balance of probabilities would a successful mark have been achieved if the adjustments had been in place? (This is where the gap between the mark achieved and 121 is considered.)
- 5. Were the extenuating circumstances (including any issues previously considered under the DDA) sufficient to explain the gap between the mark achieved and 121?
6. If so, is there sufficient academic evidence of grammar school ability?
All you have to do at some point is to express concern that the school failed to request adjustments despite knowing all about your daughter. You could mention that you didn't realise something unlawful may have taken place until Parent Partnership advised you recently.
The panel will take care of the rest by asking questions. All you have to do is answer to the best of your knowledge. Try to be factual rather than critical. It's best not to attack the school. Just express "concern" that things may not have been done correctly. It makes a good impression if you come across as a very reasonable parent - which I'm sure you are!
Hope this helps. Let me know if anything is not clear.
Etienne
Thank you so much Etienne, that helps so much . We have studied the wording of the DDA over and over again and have also consulted the National Autistic Society Advocacy Team, who think like we do that our daughter is covered under the Act. I have submitted as part of our evidence her statement and all supporting reports that went towards that.
When you say that ticking the box will have alerted the panel does that mean that they will know that there were no provisions made for the exam when we go to the appeal meeting?
Sufficient academic evidence - we have enclosed the Headteachers summary sheet which predicts level 5's, she mentions that DD has a "natural thirst for knowledge and high tendencies for the academic". EP report which puts her at the 93rd percentile for intelligence and 99th percentile on the verbal comprehension index. We will bring some examples of her work along on the day. Do you think this is enough?
Thanks for all your help.
When you say that ticking the box will have alerted the panel does that mean that they will know that there were no provisions made for the exam when we go to the appeal meeting?
Sufficient academic evidence - we have enclosed the Headteachers summary sheet which predicts level 5's, she mentions that DD has a "natural thirst for knowledge and high tendencies for the academic". EP report which puts her at the 93rd percentile for intelligence and 99th percentile on the verbal comprehension index. We will bring some examples of her work along on the day. Do you think this is enough?
Thanks for all your help.
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Morning Glory
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- Location: Bucks
Following my message yesterday alerting you to access arrangements for Year 6 SATs when you get time - (I know you are busy with appeal stuff) but have a look at the link below:-
This gives details of all the access arrangements available for SATs and what evidence you need to be able to apply or some can be provided by the school.
http://testsandexams.qcda.gov.uk/18943.aspx
My DS's school have been very pro-active with access arrangements but I found it very helpful to be able to go in to the meeting already knowing what was available and what evidence is required.
In addition it also shows on that website what the SATs timetable is, so which tests they have on which day and how long they are. This enabled me to work out when I thought appropriate breaks should be given and what adjustments I thought was appropriate for which test.
I am learning that if you have a child with SEN you have to be on the ball and make sure you know what's what!
MG
This gives details of all the access arrangements available for SATs and what evidence you need to be able to apply or some can be provided by the school.
http://testsandexams.qcda.gov.uk/18943.aspx
My DS's school have been very pro-active with access arrangements but I found it very helpful to be able to go in to the meeting already knowing what was available and what evidence is required.
In addition it also shows on that website what the SATs timetable is, so which tests they have on which day and how long they are. This enabled me to work out when I thought appropriate breaks should be given and what adjustments I thought was appropriate for which test.
I am learning that if you have a child with SEN you have to be on the ball and make sure you know what's what!
MG
No, it just alerts them that there are DDA issues. However, if there had been special arrangements, these would have been mentioned in the paperwork. Moreover, the LA rep. is almost certain to comment on this matter in his/her opening statement. In the unlikely event that he/she doesn't, you are entitled to ask questions after the LA statement, so you could say "Can you confirm that there was no request from the school for reasonable adjustments?"lisnagree wrote:
When you say that ticking the box will have alerted the panel does that mean that they will know that there were no provisions made for the exam when we go to the appeal meeting?
What you've mentioned looks good to me, but I'm afraid only the panel can decide if it's sufficient!Sufficient academic evidence - we have enclosed the Headteachers summary sheet which predicts level 5's, she mentions that DD has a "natural thirst for knowledge and high tendencies for the academic". EP report which puts her at the 93rd percentile for intelligence and 99th percentile on the verbal comprehension index. We will bring some examples of her work along on the day. Do you think this is enough?
All the academic evidence normally comes from the school. You've gone to the trouble of getting an EP report, so I don't believe you could possibly have done more.
Etienne
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Sally-Anne
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