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Statutory timescales during assessment

(13 Posts)
TOWIE2014 Mon 17-Feb-14 11:32:02

I vaguely recall someone stated somewhere on this board (sorry very vague memory!) that LAs do not have to comply with statutory timescales if something, like an assessment/report, has been delayed (for whatever reason).

Is this true: that LAs do not have to meet date xyz (statutory date), if a crucial report is late?

If it is true, can someone point me to the actual clauses in the Education Act and the SEN CoP?

lattemum Mon 17-Feb-14 12:02:52

Hi Towie. It might have been me who asked that question a short while ago. It is true the LA don't have to comply if they are missing a crucial document. In our case it was the OT report. I understand the legal reasons that allow them to do this come under the SEN Code of Practice under regulation 12 (7). In our case the LEA finally agreed to submit out Statement request to the panel without this evidence, which they are still trying to obtain, and they have just issued a proposed Statement for my ds which they will amend if appropriate once they get the additional evidence. I hope this helps!

lougle Mon 17-Feb-14 12:35:43

Annex A gives the exceptions to the timeline. But basically, if Health/SS don't respond within a timeframe, they can delay the timescale.

TOWIE2014 Mon 17-Feb-14 12:44:26

Thank you both. That's very helpful. I've found Annex A on the t'internet. I need it for the timescales between Proposed Statement and Final Statement (8 weeks). Paragraph 17(4) states when that 8 weeks can be exceeded - basically because of something adverse with child/parent - but not because of a late report.

Which makes me think... why am I looking for a late report causing a delay to a Final statement? I need to rethink this. It's for a report which came in long after the Proposed Statement but days before the Final was statutory-due.

claw2 Mon 17-Feb-14 15:13:56

How did they issue proposed, if they didn't have report?

TOWIE2014 Mon 17-Feb-14 17:45:55

Exactly Claw! They shouldn't have issued the Proposed without this key report. And according to Annex 1, they didn't need to rush to issue the proposed, because they didn't have to keep to the timescales. No doubt they'll say it was because it was in the best interests of my child.

It's all part of my LGO complaint.

claw2 Mon 17-Feb-14 18:29:42

Maybe they have realised their mistake?

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/269067/statements_26weeks_2014.pdf

Tells you of exceptional circumstances and which regulation covers it.

claw2 Mon 17-Feb-14 18:30:06
TOWIE2014 Mon 17-Feb-14 19:29:59

Oh to hell with secrecy. I'm past caring if my LA are reading this.

You see, what happened was....

The Proposed Statement was issued on its statutory date. This was before a key assessment had been done. They knew that the assessment needing doing right at the start of SA - there's plenty of filenotes where the LA are trying to arrange this assessment right at the very start of SA. But for whatever reason, DS didn't get assessed until nearly a month after Proposed. Having read Annex 1 - I now know that they should have, in fact, delayed the Proposed Statement until the assessment/report had been done.

However, not delaying the Proposed meant that this key report didn't arrive until 6 working days before the date the Final was due. This report, the LA say, made them change their mind about which school DS should go to. They were originally going to name School 1 but this report made them name School 2. Which is a load of bollocks because School 1 had already refused to admit my DS just after the Proposed was issued - so if the LA had been doing their jobs properly, they should have been actively seeking another school shortly after Proposed was served, knowing full-well that School 1 had refused DS because of the severity of his dyslexia.

Because this key report came in late, which, the LA say then made them change their minds to School 2, the ONLY report served on School 2 was this late report which was served by the LA in a telephone conversation with the school. This conversation took place ON the actual date of my DS's Final statement. The LA verbally "read out key parts" of this report to School 2 (seriously, this is what the LA say happened - they "read out" parts of a report ON the date of the Final Statement!!!) School 2 said that they could support everything in this key report, However, the LA made no refernce to all the other 9 reports which weren't "read out" to the school, no suprise there, then which included full details about his dyslexia. Additionally, all the 9 other reports - which totally specificies in great detail ALL my son's needs - did not go to School 2 at any time until just before Tribunal.

There is no evidence of this verbal consultation. No filenote, no note, no nothing. But 4 days after the date of the Final Statement, there is an email chain between the LA and School 2 where School 2 has been sent just the Statement and this key report and said "yes we will accept him" based on this one report. They are a SALT unit, and yes it was a SALT report - so of course they're going to say yes. The LA say this email contained the whole statement - which is total and utter lie - not least because if it did contain all the reports, then it took School 2 exactly 8 minutes to read and digest over 300 pages of reports AND write a reply back to the LA AND sign their email "All my love". Also the LA did not declare this email exchange in their DPA material, it came from School 2's files.

All the SEN laws and CoP states that ALL the written reports have to be served on the school BEFORE Finalising the Statement. But no, the LGO say that the "reading out" of just one-tenth of all the reports is acceptable!!!!!! And they say that they believe this verbal "consultation" took place - despite there being no evidence. The LGO are totally letting the LA get away it.

There's much much more, but I've already written an essay on this message

I'm beyond angry about this. And I've probably outed myself. But it'll all be publically available soon on the LGO's website. And my website - where mine will have the truth and the LGOs won't.

claw2 Mon 17-Feb-14 22:16:22

I don't know much about LGO complaints, are appealing the statement as well as making the LGO complaint?

TOWIE2014 Mon 17-Feb-14 22:26:29

Yes, I did appeal the Statement, and won - Tribunal ruled School 2 couldn't meet need. My complaint started right back last summer shortly after I won the Tribunal. This is how long it's taken to get a crap LGO view on things - over 6 months.

claw2 Mon 17-Feb-14 22:30:52

That's good, that you won appeal that is. I cant help any with LGO complaint, but good luck.

TOWIE2014 Mon 17-Feb-14 22:34:41

Thank you

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