fiorelli Report post Posted October 28, 2005 recieved the letter this morning telling us that the LEA will not assess Louis. They say in their letter that the school have not had enough time to implement and assess all the IEP's and Ed. Pshyc's recommendations. (how long should be enough time?) We have 2 months to appeal. Louis has 1 month left at the EOTAS unit, and is being 'weaned off it', so is going to be going less and less. He cannot cope in mainstream school, even with constant 1-1 support. Am so angry, upset, annoyed. We didn't have enough time to send the LEA a copy of the OT report, or even the Paed's report with their recommendations on. Louis's headteacher isn't going to be happy when she finds out. She was expecting Louis to be given a full statement by Christmas!!! The letter states that either us (parents) or the school can appeal. The school were the ones who asked for the statement, so who do you think it best the appeal comes from? What should be put in the appeal? Quote Share this post Link to post Share on other sites
nellie Report post Posted October 28, 2005 fiorelli <'> I am so sorry. Getting in touch with the NAS Education Advisory Service or IPSEA is your best bet. You will get excellent advice and support. 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 Independent Panel for Special Educational Needs. (IPSEA ) SEN Helpline: 0800 018 4016 Website: http://www.ipsea.org.uk Keep us posted Nellie xx Quote Share this post Link to post Share on other sites
mossgrove Report post Posted October 28, 2005 (edited) I am sorry it has come to this, you must be devestated. I remember how we felt when we got turned down for J's assesment at the first attempt. I can't see the harm in both parties appealing. At least at the appeal you will be able to send all the additional evidence that has come to light since the original assessments were submitted If the school have completed any IEP's etc. then these should go in too as evidence that interventions have already been put in place and have not solved the problem. In the panels defence it sounds like they were not presented with the evidence that would have been conclusive, leaving them little option but to ask the school to continue with their interventions and to reconsider at a later date. In our case the LEA were happy to accept additional eveidence for the appeal and J was ultimately assessed and given a statement. You may wish to contact IPSEA or the NAS to clarify whether the LEA is required to consider any additional eveidence you may present or whether they can exercise their discretion not to. You may also wish to speak to your statementing officer directly. If you can cultivate a good relationship with them they may be willing to tell you off the record what you should submit in order to appeal successfully, so it's probably not a good idea to ring them until you have calmed down! I am sure it seems as bleak as can be now, but an initial refusal is not all that uncommon, and there is no reason to believe that you cannot win on appeal. Simon Edited October 28, 2005 by mossgrove Quote Share this post Link to post Share on other sites
CarerQuie Report post Posted October 28, 2005 We were turned down first time because the information was incomplete.Try and ensure the missing evidence is gathered.Check if the school intend to appeal,too.xx Quote Share this post Link to post Share on other sites
smiley Report post Posted October 28, 2005 Can't add more advice - the rest are spot on. Just wanted to give you some of these <'> <'> Quote Share this post Link to post Share on other sites
asereht Report post Posted October 28, 2005 No advice to give , except to say the word appeal is fast becoming an everyday word for me! And to offer these <'> <'> T Quote Share this post Link to post Share on other sites
annie Report post Posted October 28, 2005 Sending you some of these <'> <'> You've already been given some great advice. IPSEA are brilliant by the way . We were turned down for assessment the first time as well. I reckon it's a ploy by the LEA and they think us parents wont try again....... Annie <'> Quote Share this post Link to post Share on other sites
minerva Report post Posted October 28, 2005 we were turned down for assessment right up until we went for tribunal, then the hearing was adjourned because the LEA had no evidence & wanted to have some assessments done they're not very nice people (see how i stay calm? lol) thinking of you fiorelli <'> Quote Share this post Link to post Share on other sites
helenl53 Report post Posted October 28, 2005 Fiorelli, I know it is hard not to feel that you have had a good kicking, but this really is par for the course. Try not to get too weary at this stage. You need your strength because it is a long hard battle, but there are loads of us who have been there and we will support you every step of the way. This is stage one - dont waste any energy on anger - this is why you are rejected - to try and wear you down. Use your energy to stay focussed. IPSEA or NAS and this forum will help you. Love HelenL Quote Share this post Link to post Share on other sites
fiorelli Report post Posted October 28, 2005 Thank you all for your replies. I have calmed down a lot now, and I suppose I KNEW that we were going to get refused initially. I think the fact that the headteacher was adamant that there would be a statement in place by Christmas clouded my judgement somewhat! Will speak to IPSEA and NAS, and also the headteacher and SENCO on Tuesday (teacher training day on Monday), and go from there. I am certainly not going to let the LEA think they've got an easy ride with us!!! Now where are those boxing gloves..... Quote Share this post Link to post Share on other sites
Malika Report post Posted October 29, 2005 Hi Fiorelli Get in touch with the IPSEA they are good. What you can do as well is to ask for your request to be reconsidered with all the new evidences it is better, as then if you have to go to the SENDIST you can show that you have tried to give the LEA another chance to reconsider. If not it may go against you. However do not forget the timing and make sure that in any case you will start the appeal procedure within 2 months. The LEA may even reconsider just before going to the SENDIST. You may find that they will agree to an assessment after reconsideration. All the best, take care. <'> Malika. Quote Share this post Link to post Share on other sites
nvapid Report post Posted October 31, 2005 appeal!!!!! and use the OT and all the reports that you could not send the first time. another parent was rejected as they did not have enough evidaence and appealed with the completed outside assessments - never got to the actual appeal - the lea just reversed their decision and are now assessing. be VERY pleased you have a supportive head! Quote Share this post Link to post Share on other sites
