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Have I made the right decision

(7 Posts)
madprest Wed 03-Oct-12 10:10:26

Quick recap- was going to Tribunal for refusal to assess, mediation was held day before Tribunal. LEA offered a provision agreement and I debated well over an hour whether to accept or go ahead to Tribunal. IPSEA volunteer was at mediation and advised me to accept.

The provision had many promises on it and I thought I was not going to risk goint to Tribunal and lose it all. I had my own Private Ed Report and it showed my daughter was behind 3 yrs in many areas and some 4 yrs behind. It had a significant difference to what LEA assessments came back with.

Okay, the provision- For DD to receive a one to one 8 week programme of intensive support. An adult in school to read with DD on a daily basis. Homework to be broken down so she is not overwhelmed. Specialist teacher & Teaching Assistant time to be detailed in the IEP.

I have only listed the above as these are the areas they have already failed to do. Meeting on Monday with senco and lea, when I put the above issues they answered as follows:-
DD is receiving 30 mins per day with TA, so that is the intensive programme.
Current teacher passed over timetable to show what she is getting. LEA said no need to put on IEP because you have the timetable. Yet when I said about it not being on July IEP (silence).
Reading that as never happened, LEA (stumbling) it's included in the 30 mins.
TA time on IEP, no need you have the timetable.

Because of the LEA so abrupt and the provision over rated I have made the decision to reinstate my appeal. Do you think that I have made the right decision? I do not trust them anymore (tbh never have) and I feel they are panning things out until she leaves and goes to secondary. She is in YR 6. Please your opinions would be really appreciated. Thank You.

AgnesDiPesto Wed 03-Oct-12 14:20:16

Check with legal advice line (perhaps not IPSEA!) eg contact a family, NAS (if relevant), SOSSEN but I am pretty certain you cannot reinstate your appeal, when you withdrew the appeal ended. I think you have to make a new application for statutory assessment, which you cannot do within 6 months of the last assessment. When they turn down the new request then you get a new right of appeal. Thats how I understand it. I am not sure when the 6 months would run from i am guessing the date of the letter turning you down last time as that would be when the last assessment ended???

bjkmummy Wed 03-Oct-12 14:50:33

I don't think you can reinstate it either. You can ask for an early review and then ask for amendments - if they refuse you then get your appeal notice and go to tribunal but the la will drag it out or wait until your annual review. Either way you are looking into quite a way into next year for appeal to be heard. The things not being done - are they in the statement? If they are and school/lea not complying, there is a letter in IPSea you can send to the lea. If they still don't comply you could go to judicial review to force the lea to comply.

StarlightMcKenzie Wed 03-Oct-12 14:57:22

The OP doesn't have a statement. The OP 'won' good provision by threatening to appeal and took advice that recommended she withdraw.

However, since they refused to assess (rather than refused a statement), I'm fairly certain that the OP can submit another request for SA immediately.

madprest Wed 03-Oct-12 15:03:20

Thanks for replies, I can reinstate appeal, which I am doing with advice from IPSEA. You just get to a stage and think am I being unreasonable, but after fighting this long and giving them a chance, I think enough is enough. Never trust them and I will never in the future.

StarlightMcKenzie Wed 03-Oct-12 15:05:34

That's interesting mad. Fwiw, I don't think anyone here is in doubt that you are doing the right thing.

madprest Wed 03-Oct-12 15:12:20

Thanks Star, it's just the 1-1 8 week programme of intensive support was what swayed me at the time but what they are offering I feel it was misleading or glorified to make me withdraw along with other many things that is on the provision. So I feel they have been given a chance and I also felt thaqt LEA waws abrupt. Very interesting that LEA (top knob) from the disability and SN team was attending all meetings with school and I until I withdrew and now I get underdog.

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