LEA stalling for time

[KezT]

way back in April I applied for a Statement for DS. Despite a DX, shed loads of evdence from school, CAMHS, OT, EP etc th LEA refused to assess. I appealed and was given a Tribunal date of 10 Dec!

 

I felt at the time they were just stalling to see if I would go away. especially as each time I spoke to them they were "waiting" for something and would sed out a new letter refusing to asess each time that something happed, with anew Appeal time limit. I wrote saying that I was taking their first letter (28 April) as their actual refusal to assess and would be apealing within the time frame detailed on tht letter.

 

Tody I received a letter from Tribunals Service saying that he LEA were not opposing my apeal, and therefore WILL now be assessing DS.

 

I am sure this was all about wasting time. DS is in yr6 now, so we have already applied for secondary scool- originally I wanted the Statement to name it for him (although our application states that we confidently expect the statement to name it. HA!).

 

Does anyone know if we can still hold themt the original timings of 28? weeks from April whe we applied to have him asessed? or does it all start again - even though the have not produced an ioa of eidence for their refusal?

 

thanks

[KezT]

My written reply to the decisionto assess:

 

Further to your letter to the Tribunals Service stating that you would not be contesting the appeal and therefore will be assessing Son; I am writing to express my considerable concern regarding the way this request has been dealt with.

 

I note that despite writing in your letter of 3rd September 2010 to the Tribunals Service that you would inform us of the decision not to contest the appeal, I have not to date, received any information from your department.

 

I originally wrote to you on 27 February 2010, requesting a statutory assessment for Son, detailing the numerous difficulties he had in school, and the provisions already in place to support him. As he has a diagnosis of a recognised condition (Asperger’s Syndrome), and that the request for an assessment was supported by both his current school, and numerous professionals involved with Son, I was surprised at your refusal to assess dated 7 April 2010. I expressed that surprise in writing to you at the time.

Considering the amount of evidence we provided, and your repeated letters refusing to assess each offering a later date for this refusal, I considered the LEA was “stalling for time” to avoid their statutory timescale responsibilities, and I stated this concern to you in an email dated 21 May 2010.

 

As you have not provided any evidence to myself nor the Tribunals Service as to how you arrived at the decision not to assess, and as you have now agreed to assess Son, I consider that the original refusal was baseless in fact and therefore that statutory procedures have not been followed. This has undoubtedly caused Son extreme difficulty at school, as now five months have elapsed. Son has started a new school year, and we have now had to apply for his prospective Secondary School without the Statement that we are confident will be issued.

 

My original request for an assessment was on 27 February 2010. As you had no basis for your refusal to assess, and have now agreed to assess, I expect the original time scales to be reinstated. Therefore you are now several months out of time to make the assessment and indeed, to provide a written statement if that is what is agreed.

 

Please confirm exactly when you are expecting Son to be assessed, and what timescales you expect to work to following this assessment, explicitly stating all dates and deadlines.

 

I await your immediate reply.

 

Copied to Head of Education & Michael Gove MP- for all the good it will do......

 

 

Opinions?

[NickyB]

Hello KezT

 

I had exactly the same issues with DSs assessment request. The LA refused twice, with very flimsy reasoning. It was only after we appealed to SEND that they backed down, the day before the hearing. I have a letter from them which actually says the reason they changed their minds was purely that we appealed to SEND - I don't think they are supposed to do that All in all it took 16 months from our initial request to the statement being finalised

 

From speaking to other parents, this seems to be a general tactic that LAs use to 'stall for time', as you say. I've studied the SEN code of practice and cannot find any reference to original time limits being reinstated - I think it's a bit of a loophole to be honest. There is only mention of the timescales they are expected to 'normally' adhere to, but it takes no account of what happens when LAs repeatedly refuse to assess. So, as it stands at the moment I think a refusal to assess means the process starts all over again, meaning they have the full 26 weeks again. I may be wrong, and I am happy to be corrected by someone more knowledgable

 

Having said all of that, it does not make it morally right to drag things on this long, and you make a very valid point in your letter about their lack of evidence. I hope they will now get on with the assessment urgently.

 

Nicky x

[Kathryn]

Hi Kez,

 

Good news about the decision, first of all!

 

The LEA must start the assessment within 4 weeks from the day after they officially notified the Tribunal that they would not oppose the appeal. The assessment officially starts with the LEA written notification to you that they are going to do it. That's the only timescale they are legally obliged to adhere to now, unfortunately. You could possibly complain to the ombudsman about maladministration though, even after the whole process is over.

 

Note: the process should take no more than 20 weeks from this point to a full statement: 10 weeks to gather the advice and make the decision, 2 weeks to issue proposed statement and 8 weeks (max)to make the final statement. (see COP para 8:134 p 120). That's assuming it's plain sailing all the way and they do agree to a statement, of course.

 

hope that helps

 

K x