Bambi Report post Posted May 16, 2007 Well as most of u know I have appealed about Ts refusal of a statement of special educational needs through SENDIST and i was informed that my appeal has been approved. This morning i recieve a letter from the special needs manager telling me this: Dear Miss ****** T & D.O.B We have recently recieved your appeal concerning T and it is a requirement for the authority to seek the views of the child we would appreciate it if you would contact us to make arrangements to obtain the pupils views. If you do not feel it is necessary to provide these views we will require a written explanation for this. Yours sincerely Mr *** ******* Special needs manager So as u can imagine this is the first time i have heard of this especially as T is so young (6 yr old) and not a teenager to be able to express himself in a better way. Anybody had experience of this when appealing an assessment of statement refusal? Quote Share this post Link to post Share on other sites
pumpkinpie Report post Posted May 16, 2007 Whilst the views of chidlren are obtained(if appropriate) at the annual review I have never heard of this at the statutory assessment stage. It does seem ridiculous. I would contact ipsea and acting on their advice re relevant section reply . I think they have got this wrong! Quote Share this post Link to post Share on other sites
aro Report post Posted May 16, 2007 (edited) I think the "written explanation" is "he is a 6 year old boy with Autism who doesn't understand his feelings and needs and who would be severely distressed by being questioned along these lines!" Talk about stalling!!!! Edited May 16, 2007 by aro Quote Share this post Link to post Share on other sites
Bambi Report post Posted May 16, 2007 (edited) Tell me about it! Well i scanned it and sent a copy by email to my solicitors's secretary, he wasnt in the office today but she will show him in the morn, she advised that i dont do anything in regards to the letter content and not to worry. She didnt waist no time in mailing me back, i do have a lot of faith in my solicitor and he said he will throw the book at them if need be, he described Ts failings as a very sad story and this was in writing after we met for the first time. I have said all i can say and done all i can do, i leave it to him now and he also said if i wish when i get the report from Nottingham he will go through it and guide me with the that also, if i wish? I told him yes straightaway! If it hadnt come to this im sure i would of suffered a breakdown by now, even Ts Paed told me 'i strongly advise u to seek legal help' and that says it all. Bambi x Edited May 16, 2007 by Bambi Quote Share this post Link to post Share on other sites
Kathryn Report post Posted May 17, 2007 (edited) Hi Bambi, The LEA have to formally seek the views of the child as part of their case statement for the appeal, or provide a reason why they are unable to do this. This is a Tribunal regulation, and the LEA are just following the rules, so don't worry too much about it - it's completely routine. As I'm sure your solicitor will confirm in the morning, and I'm sure he'll discuss with you what response - if any - is appropriate in your situation. We were also asked for my daughter's views during our second appeal. As she was completely mute at the time, unable to write a coherent sentence and any mention of school would have sent her into complete meltdown, we just ignored the request! When we got the LEA case statement later, it just said that they hadn't been able to obtain my daughter's views. K x Edited May 17, 2007 by Kathryn Quote Share this post Link to post Share on other sites