not enough info to assess

[KezT]

Got a letter from the LEA last week, saying the initial 6 weeks from our request for statementing is up, and as they have not received any info from the school or the ed pysch sevice, they do not see any reason to assess him.

 

the school say they have sent info in. they are re-sending.

 

the ed psych service were unable to get to him before Easter. I'm trying to get an answer out of them as to when they WILL do an updated report.

 

so as it stands, the statementing process is over? the LEA have said they will reconsider when the reports come in. does that mean the original time frame will stay? or will the LEA say that we have to restart the whole process when those reports are ready? does anyone know?

 

thanks

[purplehaze]

Hiya, I'm not sure about this but when my sons school first put in for a RSA it was turned down because the school didn't have enough info and hadn't done enough with him either but the LA phoned me to say hold on and we will sort it out & they did they went into school to see what was going on and why they hadn't put in enough support before requesting the statutory assessment and 6mths later the school put in for it again and my son got a statement for 22hrs which he has had since!

 

If I was you I would phone the LA & ask them what's going on explain that the school have said they sent info in etc and see what they say! It doesn't make sense I think the LA would contact the school and ask why they haven't had any info!

 

Edited to say I think the time scale will carry on once the LA get the info you shouldn't have to wait 6 weeks again!

Edited April 21, 2010 by purplehaze

[justine1]

Oh what an annoying situation to be in.I agree with purplehaze I am sure they will continue from the six weeks not start all over again,after all its not yours/your childs fault.I think someone is obviousley lying could be LEA or the school who knows,but that is really bad for your child

[NickyB]

Hi KezT

 

We had exactly the same - the LA refused to assess and said that they needed another report before they would reconsider. Then when they got that report they started the process all over again which gave them another 6 weeks. I must admit we didn't qeury it so I don't know if they followed the correct procedure.

When they wrote to you, they should have given the reasons for not assessing, in detail, along with details of your right to appeal. If they haven't done this, then they haven't followed the correct procedure, so I would contact them and ask for an immediate reconsideration.

The procedure they have to follow is set out in the SEN code of practice (sections 7.69 to 7.71). You can download it from HERE

 

Hope that helps <'>

 

[KezT]

hmmm, the LEA letter did have all the relevent in fo in it, so no issue there.

 

Have called ed psych service again and told them I need to know what date they will assess son - still waiting for a reply from them, but have insisted I am told today.

 

found this bit in the CoP:

 

7:76 The health services and social services departments must normally respond within six

weeks of the date of receiving the request for advice. The LEA will have previously notified

the designated medical officer and the designated social services officer of the possibility

of an assessment.

 

which seems to say ed pysch have broken the CoP as it is now 8 weeks since I requested the statement. do others read it this way? if so, I can use that either to make Lea continue with original request & time scales or in my appeal, as necessary!

 

LEA will be calling me back to "discuss" tomorrow, so I may get some answers then. but would like to be armed with plenty of info:0

 

on the plus side, the LEA leeter does say that they will reconsider when they receive the school info.

 

the school are very much on-side in this, and have been collecting terribly depressing evidence for a couple of terms, so i am reasonably certain we should make it to the next stage at least. the question is, when?!

[justine1]

Hi

Yes I think you do have grounds on which to appeal or better yet get the LEA to "hold off" until the info has come through.It is ridiculous that the ed Psych did not respond to the LEA,HOW ANNOYING

 

Just keep phoning everyone,and double check with the LEA that they have now got everything,dont just take the schools or the ed psychs word that they have sent it,otherwise you back at square one!

 

I am sure you doing so already,but make sure you write down everything,names of who you spoke to etc.

I suppose as they are 2 weeks "behind" it would mean the time limit is extended to 6mths 2 weeks.They may still achieve it all in the 6 mths anyway,heres hoping.

 

I know it will work out for you in the end <'>

[Kathryn]

The original timescale stands, i.e. you now have the right of appeal against their refusal to assess and presumably the letter states that - it should do. Pursue it - i.e. stick your appeal in ASAP. The LA can still continue to gather the additional information they need to make a decision, but they will be under pressure to do it swiftly and thoroughly with a boot up their backside labelled "SEND" - I would put good money on you not getting anywhere near a hearing.

 

K x

 

 

[KezT]

Guess what? Ed Psych didn't get back to me. again!

 

I think a formal letter of complaint is in order!

 

[Sally44]

No, follow Kathryns advice. If they have refused to assess you can appeal that. Whilst the appeal is in motion you get the reports in. As Kathryn has said, it is unlikely that this stage for the LEA to want to go to tribunal as that involves cost, as when all the reports are in it will be clear that he does need a Statement - however if it isn't clear and the LEA still refuses, then you are already in the appeal process thereby saving you time.

I presume the LEA paperwork is correct and that they have advised you of your right to appeal?

If anything I would appeal and start the paperwork for that, and inform the EP service that you are appealing the LEA's decision not to issue a Statement because their service could not work within the SEN Assessment Process timescales.

[KezT]

Ok, spoke to LEA woman - they have now received the school reports and will take this back to panel on Weds to re-decide whether to assess. time frame still stands, ed psych report not needed until a decision to assess is made according to her.

 

will report back when I get the next letter

[KezT]

oh well, got the second letter today. despite the school documenting worsening problems with him, almost mirroring what my original letter said , specifying that he needs full time 1:1 and that is still only keeping him under control and/or in the classroom less and less of the time, despite another exclusion last week for violence and despite the fact that he has regular appts with the CAMHS consultant psych, apparently the LEA does not see there is any need to assess

 

this is because he is not substantially behind academically. grrrrrrrrrrr! school has stated that he is incapable of working within a group, or often 1:1 due to social & communication difficulties, that he regulary is violent and/or absconds, that he has a completely differentiated time table, school procedures and expectations, and that he is starting to fall behind in literacy as they can not facilitate his learning with the resources they have. WTF more do they want?

 

even my mother (who thinks AS is just a little difficulty in playing nicely), read the report and asked was mainstream the right place for him. i still believe it is, but if it is that obvious to her, how can it be so different for the LEA (thats a rhetorical question btw - I know why.....£££'s)

 

oh well, will call parent partnership on Tues and put the appeal in. Ed Pysch is coming in to school on Weds (provided the school have let him back by then - they are still deciding what to do about Friday's incident), so that will be the first report I need - what else do I need to get on with for the appeal?

 

thanks

[justine1]

oh well, got the second letter today. despite the school documenting worsening problems with him, almost mirroring what my original letter said , specifying that he needs full time 1:1 and that is still only keeping him under control and/or in the classroom less and less of the time, despite another exclusion last week for violence and despite the fact that he has regular appts with the CAMHS consultant psych, apparently the LEA does not see there is any need to assess

 

this is because he is not substantially behind academically. grrrrrrrrrrr! school has stated that he is incapable of working within a group, or often 1:1 due to social & communication difficulties, that he regulary is violent and/or absconds, that he has a completely differentiated time table, school procedures and expectations, and that he is starting to fall behind in literacy as they can not facilitate his learning with the resources they have. WTF more do they want?

 

even my mother (who thinks AS is just a little difficulty in playing nicely), read the report and asked was mainstream the right place for him. i still believe it is, but if it is that obvious to her, how can it be so different for the LEA (thats a rhetorical question btw - I know why.....£££'s)

 

oh well, will call parent partnership on Tues and put the appeal in. Ed Pysch is coming in to school on Weds (provided the school have let him back by then - they are still deciding what to do about Friday's incident), so that will be the first report I need - what else do I need to get on with for the appeal?

 

thanks

How annoying for you I would say that given that its a holiday on Monday when he returns on Tuesday insist that he stays on WEdnesday when the Ed Psych comes in,you cannot wait any longer.Also try and met with the Ed psych and insist the report comes through ASAP.I did that with the Ed psych she managed to send the report in after a week of seeing my son.Have you got all the letters from the CAMHS appts?Do you know what info the school submitted?If not maybe you can ask them.

[Kathryn]

Just fill in the appeal form which you can download from the SEND website if you haven't already got it. Send in your letter from the LA and as much evidence as you have at this moment - at least all the paperwork that went in for your request for an assessment.

 

Download IPSEA's self help Refusal to Assess pack from here: you'll find it very useful.

 

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

 

Onward and upward - don't let them get you down!

 

K x

 

 

[Getbeading]

Also get mediation involved immediately, it is a free service and it is very rare that the LEA refuse to assess after a mediation meeting.

 

Here is the link

 

conSENsus is an independent special educational needs mediation service run by Mencap for the benefit of children with special educational needs.

Trained mediators can talk to parents, LEA and school representatives to resolve problems and disputes.

contact: Sarah McRobert

address: conSENsus c/o MENCAP, 8a Looms Lane, Bury St.Edmunds, Suffolk, IP32 7AE

telephone: 01284 757788

email: consensus.mediation@mencap.org.uk

 

Good luck

 

 

[KezT]

Thanks for the replies. i have downloaded all the info and will complete the appeal form after speaking to parent partnership on Turesday. The letter did also give info on the mediation service - I was going to ask about that:) so I will contact them on Tuesday too.

[Sally44]

I'm sure you already know that a Statement is not just about academic progress. The code of practice does list the different sections where a child might need extra support which would fall under SEN.

 

A Statement identifies all the input a child needs which is over and above what the school can provide out of their funding, or for input that is beyond their expertise.

 

One of the helplines, I think it is www.kids.org.uk (correct me if I'm wrong), gives a detailed draft Proposed Statement. If you look through that it should give you some ideas of what to be including.

 

If your child has difficulties with group work and social interation then a SALT should do a full assessment because the child probably has got language difficulties as well as social interaction and communication difficulties. They may need a social group setting up to teach social skills, they may need dinnertime clubs or playground assistance, they may need an emotional recognition programme, etc etc.

 

If it is any consolation, even if your child is years behind academically, you can still get LEAs saying they don't need to do anything - as in my case. But it isn't true, and if you just keep going through the system towards tribunal, you will probably get what you want without even getting to tribunal as many LEAs do give in at the last minute.

 

What is puzzling me though is that your LEA is saying they only ask the EP to go in AFTER they have decided a child needs a Statement?? In our LEA the EP and SALT go in and produce reports and submit them (along with the school report and parental comments) to the LEA and then the LEA decides if a Statement is required, and if so they produce it from those reports. Without expert professionals seeing your son 'WHO' is going to decide he has SEN and 'WHAT' his needs are and 'HOW' to meet them?? So I would query that. What does the Code of Practise say is the process when a parent or school has asked for an assessment towards a Statement?

[Suze]

<'> <'> , just wanted to send you some hugs....this must be incredibly frustrating for you, on the basis of what you have said, I can,t understand why they have,nt agreed to asses, it seems that the school have given ample evidence for it ...does your head in sometimes