Appeal

[seeking-sanity]

Hi

Need some words of wisdom from you all.

J was refused an assessment, we were recommended to hold fire cos we thought medical needs at this time were more important, we were told by the parent partnership we had 6 months to appeal, we've now found out this is wrong and only have 2!! so weve only got a week to appeal. Saw Js head yesterday who says J needs a statement(which is very confusing, cos Im sure it was her lack of help that stopped it in the first place) but now have dx of aspergers and dyspraxia (think shes back peddling).

Trying to fill in appeal form and it states to enclose reports, I still only have ed phscy report, the report from salt with dx on says not to be used for statemnt purposes, do I ask for one for statement?? Also although we have had dx from consultant,physchologist and salt we are still waiting for final meeting with them all(which they have said should be done as matter of priority, but have not heard) so we still have nothing in writing from them confirming dx other than salt, which says not to use?? am I making sense here??

Not sure what to do cos don't seem to have anything new in writing.

Also Im not sure what sort of things to put on the appeal form.

I get the feeling from county that Js fine cos hes having home tuition at the moment, but hes only getting 2 hours a week(wow) and hes desperate to learn and they are planning to gradually intergrate him back hopefully for sept so we need the help set up ready for him.

Any advice would be really grateful.

Thanks for reading.

[mossgrove]

I'm no expert in this area, so it is probably best to contact someone like the NAS helpline via

 

http://www.autism.org.uk

 

or your local parent partnership to get specific advice, but the first thing you should do is to send a letter to the LEA giving notice that you intend to appeal (Send it recorded delivery) but that all the relevant reports are not yet available. You may also wish to telephone the statementing officer to lete him/her know and they may be willing to put things on hold for a few weeks while all the relevant reports are asesembled.

 

 

Simon

[Infojunkie]

I would also suggest you get hold of a copy of the ACE 'Special Educational Needs handbook' from http://www.ace-ed.org.uk/publications.html as I have found this very helpful

[nellie]

Yes, I think you need to get expert advice as soon as possible. You may find it easier to get in touch with IPSEA. Your local parent partnership has already given you wrong advice, so be wary.

 

Independent Panel for Special Educational Needs. (IPSEA )

SEN Helpline: 0800 018 4016

Website: http://www.ipsea.org.uk

 

National Autistic Society (NAS)

NAS Education Advocacy including Tribunal Support Scheme 0845 070 4002

Website: http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=143&a=3435

 

Good luck.

 

Nellie xx

[Helen]

the report from salt with dx on says not to be used for statemnt purposes, do I ask for one for statement?

Seeking-sanity,

 

What is the exact terminology on the report that states it cannot be used for Statementing purposes? I find this strange...

 

The SALT report should have words to the effect of:

"This report is provided on the understanding that it may be used in its entirety and not quoted in part. It must not be duplicated or distributed without the consent of the Speech and Language Therapy Department or the client."

 

Your son would be the 'client' and because he is a minor you have parental right to act on his behalf, therefore, you would have the right to distribute this information to whomever you wish.

 

If I were in your position I would definitely query this with the SALT department. I would want a written explanation as to why I wouldn't be able to use this report. But, all this is going to take some time? you could miss your appeal?s deadline simply by waiting for a response from the SALT department.

 

Look, if someone is determined to play silly beggars and mess you about by putting this hurdle in your way then you can play them at their own game. You have a choice, you can either submit the report or go to appeal without it.

 

If I were in your position I would submit the report and I would be selective in my choice of words - something along the lines of : I am submitting the SALT report for the purpose of the 'statutory assessment process' to show the panel that child X has a particular diagnosis and therefore it would be in his best interest to further investigate his needs." The statutory assessment process is one issue, the statementing process is a different issue. At the moment you are only asking for an assessment - not for a Statement.

although we have had dx from consultant,physchologist and salt we are still waiting for final meeting with them all(which they have said should be done as matter of priority

Do you have this information in writing? This information would show the appeal's panel that there are other professionals who feel that there is a need to further investigate your son's difficulties.

Edited May 24, 2005 by Helen

[Helen]

Seeking-sanity,

 

You could contact AFASIC for guidance on this issue, you should receive some sound advice from this charity.

 

http://www.afasic.org.uk/f_helpline.htm

[phasmid]

I will look it up in the morning and post it for you, but, under the SEN CoP it clearly states that the LEA MUST inform you in writting of their decsion of their reasons for turning down a request for assessment. In this letter they are obliged to tell you the procedure to appeal against their decsion. If they have failed to do this you may well be able to appeal against the time ruling as you were acting under advice from PP (who, quite frankly ought to have known this!). Look up the Local council ombudsman service.

 

HTH