ryansmum2 Report post Posted January 19, 2012 hi there, my son has Aspergers and Severe Dyslexia, he started secondary school in Sept 20011 , he has a 'note in lieu' , but things have gone from bad to worse for him ... he has developed a severe case of school phobia - vomitting , insomnia , severe anxiety ect ( mainly due to 1 subject - French , and is stuggling very baddly with 4 other subjects) but seems to be coping ok'ish with maths / science / geog / tech im a bit rusty on where to start (due to ill health myself), basically i think i need to try to get him Statemented do i ask for a re-assesment 1st , or do i ask for a Statement ? the 'note in lieu' has about 5 months remaining on it, befor a review. many thanks for your help in advance , mel xx Quote Share this post Link to post Share on other sites
Kathryn Report post Posted January 20, 2012 Hi Ryansmum If the Note In Lieu was issued within the last 2 months you can appeal to tribunal against the refusal to issue a statement . If it was over 2 months ago you've lost your chance to appeal unfortunately. Your next step would be to ask for another statutory assessment which would start the process again. K x K x Quote Share this post Link to post Share on other sites
Sally44 Report post Posted January 20, 2012 If you have to ask for a Statutory Assessment again, and they either refuse or issue a Note in Lieu you can send in an Appeal to SEND [special educational needs and disability]. As Kathryn says, there is a timescale by which you must have sent in your appeal. Many LAs refuse to issue Statements or give Notes in Lieu as standard to screen out those parents who are not confident in taking it further and lodging an appeal. When you lodge an appeal the Tribunal service will write to you giving you a date of the Appeal and also giving you deadline dates by which you must have completed certain things eg. a deadline by which you must have submitted all reports/documentary evidence supporting your appeal. If you can appeal now, I would suggest you do so. If that happens the appeal would be about the LA's refusal to issue to Statement. So if you won [which on your description of your son sounds likely], it would mean the Tribunal would Order the LA to issue a Statement. However the LA may then issue a weak and illegal Statement and you would have to then Appeal about that too. It can be a lengthy process, but it is worthwhile just working through it all in a very methodical way because the Statement is the ONLY legal document relating to special needs. Quote Share this post Link to post Share on other sites
Sally44 Report post Posted January 20, 2012 If you do appeal now about the Note in Lieu, the LA may decide, before the Appeal, to agree to issue a Statement. They can do that. But again, you need to go over any Statement with a fine tooth comb to ensure all his needs are included in part 2, and that provision is quantified and specified to meet each and every need in part 3. If it doesn't - which they often don't - you lodge an appeal to SEND again about the contents of the Statement. Quote Share this post Link to post Share on other sites
Sally44 Report post Posted January 20, 2012 (edited) This is a link to an organisation that has useful advice on requesting a Statutory Assessment for a Statement, and also Getting the Statement Right. You access that via the links on the left hand side of the page. Then their booklets are via the links on the righthandside of the page. http://www.ace-ed.or...ucational_Needs Edited January 20, 2012 by Sally44 Quote Share this post Link to post Share on other sites
