Exception to normal time scales

[Tez]

Does anyone know what time constraints operate when an LEA states that an application for Statutory Assessment will be an exception to the use timescale due to the request for advice being received during a holiday period.

 

My son's request should have had a decision made on it last week but due to the holiday period the LEA is unable to say when it will go to panel. Since we are off on holiday Saturday for 24 days I would really like to know where I stand before I fly out of the country.

[annie]

Hi Tez,

 

This is taken from the SEN Code of Practice.

 

Hope it helps.

 

7.25 Exceptions to the time limits

 

In describing the role of LEAs, the health services and social services in making a statutory assessment, this chapter has highlighted the time limits that these bodies must normally meet. There will however be circumstances in which it is not reasonable to expect the bodies concerned to meet those time scales. The regulations therefore prescribe exceptions to the time limits. It is good practice for parents to be told if the exceptions apply, so that they understand the reasons for any delays.

 

The exceptions to the six-week time limit within which LEAs must tell parents whether they will or will not make a statutory assessment are:

 

 

where the LEA have requested advice from the head teacher of a school or early years provision during a period beginning one week before the school closes for a continuous period of not less than four weeks and ending one week before it reopens;

where the LEA is aware of exceptional personal circumstances affecting the child or his or her parents (for example, family bereavement) during the six-week period;

where the parents or the child are absent from the area of the authority for a continuous period of not less than four weeks.

 

 

Annie

<'>

[Tez]

Annie,

 

If I am reading this correctly then the exception should not apply.

 

The school made the request for Statutory Assessment and gave all their advice along with it, this has been confirmed by the LEA. My advice was in by the deadline so according to the COP there is no reason for this to be an exception to the time limit. None of the other reasons apply.

 

Before I go back to the LEA and challenge them over this, have I got this right or am I missing something very obvious because I'm so tired.

[annie]

Tez,

 

Personally, I would agree with you. But it may be worth asking IPSEA the question, at least then you would know for sure. Then at least you can go in all guns blazing.

 

The whole b****y thing is tiring, isn't it? You really deserve your holiday

 

Annie

<'>

[annie]

Tez,

 

I don't know if you have a copy of it, but this is the SEN Code of Practice. I keep it on 'my favourites'........not exactly bedtime reading, I know, but it's always handy. I've been surprised how many times I've had to use it

 

http://www.dfes.gov.uk/publications/guidan...ctice/page1.htm

 

Annie

XX

[Tez]

Thanks Annie,

 

These days it does seem to be the sort of bed time reading that I do. Am going to take away a few lighter books on my holiday and try reading for pleasure again.

[annie]

Tez,

 

I know what you mean, anything to do with 'pleasure' or 'leisure' sort of goes out the window.

 

I've just thought of something. Putting the SEN Code of Practice under 'favourites' is a big daft really, isn't it. It's not exactly 'favourite' anything, is it? .....more like 'critical info' or 'when I'm desperate'.

 

Annie

XX

Edited September 5, 2005 by annie

[nellie]

Tez,

 

This is what the law says.

 

Education (SEN) Regualtions 2001-Time limits and prescribed information

 

http://www.legislation.hmso.gov.uk/si/si20...20013455.htm#12

[Tez]

Thanks Nellie,

 

I can't get the link to work but I've found it from the information that you've given and it would seem that the LEA is delaying illegally. A's headmaster's secretary is just checking whether the LEA has asked for extra advice and will get back to me by tomorrow morning so that I can ask the LEA what they are playing at.

 

The Legislation

Edited September 5, 2005 by Tez

[nellie]

Sorry Tez, I forgot to check it.

 

Hope it's sorted out soonest.

 

Nellie xx

[Kathryn]

I've just thought of something. Putting the SEN Code of Practice under 'favourites' is a big daft really, isn't it. It's not exactly 'favourite' anything, is it? .....more like 'critical info' or 'when I'm desperate'.   

Personally I would file the COP under "fiction"

 

It does sound as though the LEA might be trying it on. I hope you manage to get this sorted out soon Tez, so that you can enjoy your holiday.

 

K

[annie]

Kathryn,

 

Fiction - so true

 

Annie

[Tez]

My husband's boss keeps telling him we're paranoid when he expresses our view that people cynically manipulate systems to their own advantage and twist what is said to give a completely different interpretation to what is said, but experience has taught us we're not paranoid it's just sensible to be aware of what should be happening and keep explicit notes of what is and isn't said. My husband hasn't yet told him I taped the meeting with the LEA, he'll have a field day with that.

[Kathryn]

Agreed Tez. I had no idea people would be so creative with the truth till it actually happened to us.

 

I have kept a diary of the past years events, and so much has happened I'm glad I did as I would have forgotten a lot of it. It's been very useful as evidence when I've needed it.