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Elefan

Can a parent request a Stat Assess, if school request to LEA

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Elefan   

Hi,

 

The topic header probably says enough! :)

 

I can find in the COP all about the obstacles to 're'assessment (where one has already been concluded), i.e a 6 month gap between old assessment and reassessment,..BUT

 

What about the situation where a school requests a Stat Assess, but the LEA says no to instigating one. Could we, as parents, attempt to request one?! Do we have to wait for any length of time and if so, where will I find the info, please?

 

How long will the school have to wait if they wish to try again?

 

Thank you for your help.

 

I'm coming back as a Prime Minister, I think! The lack of provision, beurocracy and red tape nonsense needs a serious shake up!!! :jester:

 

Elefan

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clintess   

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Hi,i sent of my parental referal yesterday for my ds.I did this after a meeting first with his paeditrition whom suggested it and then with the meeting with the head/senco of his mainstream sch.The head felt it would be dealt far quicker (siw weeks for it to start)than if she done it and would support it all the way.

So the answer to your question is yes.

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As you can appeal a decision by the LEA not to do an assessment anyway, I would imagine there would have to be some time gap before anyone (either school or parent) could re-request an assessment. If nothing has changed and there is no more evidence between the first request and the second, then the decision would be the same. There is no difference in the parent requesting an assessment as opposed to the school (though they do tend to stick to the time limits more if it is a parental request).

 

Call ipsea to check.

 

Karen

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UltraMum   
What about the situation where a school requests a Stat Assess, but the LEA says no to instigating one. Could we, as parents, attempt to request one?! Do we have to wait for any length of time and if so, where will I find the info, please?

 

Elefan

If the LEA turned the school down then you should have a right of appeal ... according to the ACE website ... http://www.ace-ed.org.uk/advice/booklets/Assessment.html

 

 

 

Step 7: Asking For A Statutory Assessment.

Generally the LEA only knows to carry out a statutory assessment if someone such as a health visitor tells them about your child, or if you or your child?s school ask them to do an assessment.

 

Even if the school does not agree, you have a right to ask for a statutory assessment of your child's needs.

 

 

ACE Advises:

It is especially important that you write to ask for an assessment if, for example the health authority or social services has told the LEA about your child. You only have the right of appeal if you or the school ask for the assessment. Schools are busy places and delays can happen, so it?s also a good idea for you to write to ask for an assessment even if the school is also asking for one.

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Kathryn   

Hi Elefan,

 

I submitted two Statutory Assessment requests in close succession - apparently. I didn't realise I was doing this - I thought the second time I was just giving them updated evidence so they could make a better decision, but they treated it as a whole new case. So I got two refusal letters within the space of two months. :wacko:

 

There's nothing in law that says there must be a gap between requests. But as Ultramum says, if the LEA have turned down the school's request, a parent has the right of appeal anyway, so it might be quicker and more productive to go down this route, and make your parental representations as part of your case rather than submitting a new request which the LEA may turn down anyway.

 

If you come back as prime minister I'll be your deputy! :rolleyes:

 

K x

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Elefan   

Deputy, eh!? :) I was thinking of using my Scottish connections to contact gordon Brown as he reckons Education will be top of his list when he takes over!! Heh heh! If only,..

 

I am awaiting the letter from the LEA informing us that they have declined the Stat Assessment requested by the school. I will then ponder my next step and whether it is to go to disagreement resolution or tribunal <my heart sinks just thinking about it!>. Been there,..got the 'failed' t-shirt!!!

 

Thanks for your help all of you.

 

xx

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phasmid   

Sect 7.21 of the SEN CoP states that LEA's must act on a parental request for assessment of needs "..unless they have made a statutory assessment within 6 months of the date of the request". However, regardless of whoever makes the initial request you have the right of appeal to SENDIST if they turn you down. But, in all honesty, the chances are that the 6 month limit before a new request can be made will pass before you can get to SENDIST!

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phasmid   

Been having a think about this. Somewhere I am sure I have read that it may be possible to apply within the 6 months set out in the CoP if you have substantial new evidence to present (new dx of a further problem for example). Can't find where I read this though. If I find it I'll post you the link up.

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Elefan   

Hiya Phasmid,

 

Thanks for your reply.

 

However,...the quote you mention says if 'they HAVE made a Statutory Assessment within six months',... I am wondering what if they HAVEN'T completed a Stat Assess, but they have declined to complete one, within the last six months.

 

Not sure I'm making any sense here! :) Nothing new there then!!

 

Elefan

xx

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phasmid   

You're quite right. Turn that quote on its head and approach it from that angle and it appears they have to act on a request if you make it. Go for it!

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Kathryn   
You're quite right. Turn that quote on its head and approach it from that angle and it appears they have to act on a request if you make it. Go for it!

 

Yes but the LEA only have to consider the request, they don't have to act on it.

 

The second part of this sentence leaves them a loophole to wriggle out of, as always. "The Lea must comply with such a request... unless they conclude, upon examining all the evidence presented to them that a statutory assessment is not necessary."

 

So although the way is legally clear for you to make a parental request, it may well be turned down once again, leaving you in exactly the same position as now, unless you have good reason to think they will change their minds. An appeal may be taken more seriously and move things along quicker, but only you can decide what's best in your situation.

 

Good luck, Elefan, it is a very draining battle and saps morale like nothing else. :wacko:

 

K x

Edited by Kathryn

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In our LEA are the requests for asessment are not directly decided by the LEA themselves but sent for assessment but by a 'Special Needs Asessment Panel' (SNAP) set up by the LEA who look at all the requests and decide if there is sufficient evidence to proceed to a statutory asessment. I am assuming a similar panel exists in your LEA area and they will have looked at the evidence presented to them and decided that there is insufficient evidence to proceed to a formal asessment in your case.

 

What to do next depends to a great extent on why the panel decided that they couldn't recommend proceeding to a formal asessment. At this point it may be a good idea to speak to the statementing officer who dealt with your case to see if they know why the panel did not decide in your favour. They may well have been in the room presenting the evidence so they may well have heard the discussion.

 

In the case of our eldest it turned out to be that the school has not made clear how much of the classroom assistants time was being dedicated solely to J, so the panel had assumed that making a limited amount of TA time available to J from within the schools exitisting resources should be tried first before considering a statement, and all it took was a supplementary submission from the school making clear that he was having a de facto 1:1 already and his case proceeded to formal asessment without a further hitch.

 

There are certainly many formal avenues open to you if the LEA is genuinely being difficult, but trying to get the statementing officer engaged and on your side is also worth pursuing and doesn't stop you 'going formal' later on if necessary.

 

 

Simon

Edited by mossgrove

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Elefan   

Thank you all! :)

 

Although I have not had the formal letter from the LEA advising of their decision to decline the Statutory Assessment requested by the school, I have been advised by the SEN Manager that part of the reason is because she is not at school and they are unable to assess her at home because of her current state of mind.

 

I'll no doubt be back on here to pick your extremely knowledgable brains anon, once I have something official. :)

 

Take care,

 

Elefan

xx

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Karen A   

Hi Elefan.I think that the situation of refusal to assess because of the child not being in school has cropped up before in the last few months on the forum.So others will have some ideas if that is what has happened.Karen.

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