Appealing against a refusal to carry out a statutory assessment

[jlp]

I'm wondering if anyone can help with regard to my appeal letter to the LA with regard to an appeal against a decision not to carry out a statutory assessment of ds#2 (5). He has PDA (and we should be finding out if he has ASD on 2/12) and a number of exclusions, is barely in the classroom and has very challenging behaviour.

 

The reasons given not to assess were

 

'We have looked carefully at the evidence presented. Having considered this information, we have decided not to do statutory assessment. This is because we have insufficient evidence of his educational needs at this stage and therefore believe statutory assessment would be premature.

 

We would like an opportunity for the Educational Psychologist to work with ds#2 at School Action Plus before further consideration can be given to initiating statutory assessment. However in recognition of his difficulites, we have asked that the Special Educational Needs Support Service continue to work with ds#2'

 

They are correct (the ed psych is coming in 2/12) I suppose but my gut feeling is that we can't wait 6 months to reapply. Even with support ds#2 is mostly out of the class, only attending school part time and there has been a variety of professionals giving advice on handling him. School feel that he should be in a special school, the ASD team think the best place for PDA is mainstream. I can't see the Ed Psych being able to add any more to the advice given. School have even been trained on PDA.

 

The Child and Family Unit were not contacted with regard to this decision and they're well aware of the severity of his behaviour.

 

Do I have any grounds for appeal? Any advice welcome!

Edited November 24, 2008 by jlp

[Kathryn]

Hi jlp,

 

Do you have grounds for appeal? Yes definitely.

 

This reason is frequently given by LA's when they turn down a request for statutory assessment: the school hasn't done enough to help your child - (there isn't enough evidence of failure!)

 

From what you say, you have a good case, the school are supportive, outside agencies are already involved with your son and you have evidence of the interventions that have been tried, and are still being tried. You have two months from the date of the LA letter to put your appeal in, so start gathering together all the evidence you have of your child's difficulties.

 

Ipsea have a very useful Refusal to Assess self help pack which helps you think clearly about the case you need to make, what evidence you need and how to get hold of it. The tribunal procedure has recently changed a bit, so ignore the bits which explain the tribunal process and timetable - they need updating.

 

http://www.ipsea.org.uk/refusaltoassesspack.htm

 

Your LA refusal letter will have details of how to appeal, or you can get the appeal booklet - (which is up to date: I've checked) - from the Sendist website here:

 

http://www.sendist.gov.uk/Documents/3nove0...cisionFINAL.pdf

 

Hope that's helpful - if you've got any questions please ask.

 

K x

 

 

[julie1]

my advice would be to appeal. It seems to be very common for the LA to turn down any request for a statutory assessement. From my experience with all your evidence it would be a waste of time waiting yet another 6 months just go to appeal what have you got to loose. That is what we had to do then we had to go to tribunal after the statement was written for a school of our choice, we won. Yet at the start the LA were saying there was not enough evidence for a statutory assesement yet. Good luck i hope you suceed.

[pumpkinpie]

Definetley appeal.

If they can put parents off for a few months or years by sending out letters like this think how much money the LA is saving.

Its a common practice to say no at the first request so Id show them you arent prepared to back down