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Is this clear? This letter says 1 thing then a couple of lines down says another - Or is it me?

(17 Posts)
sweetteamum Wed 17-Oct-12 12:56:43

Just as the 6 week deadline has hit us, I received this from LEA today.

As you know we have been considering whether or not to carry out a statutory assessment of dd Educational needs, under the 1996 Education Act.

The PAP meeting has considered the information provided by school and yourselves and has concluded that they would defer the decision until further assessments have been made by X and X and strategies implemented by the school.

I am aware that a meeting was held at the school last Thursday, during which support for DD was discussed ((Support was not discussed and the meeting was to purely to get her back into school)), as well as ways in which the school could implement and strategies suggested at the meeting.

The provision which, should be put in place for DD, will compliment and supplement the school's resources and enable further info to be gathered to determine whether enhanced School Action Plus funding is sufficient or whether a statutory assessment is appropriate.

Then, further down it says:

If you disagree with the decision not to carry out a statutory assessment, you may wish to get support and info from Parent Partnership.

WTF??? It says they're deferring the decision, THEN it says if I don't agree with the decision not to assess, to contact x, y or Z.

I'm trying not to cry as DD is currently NOT in school as even though they were given lots of notice, they decided to let her go in un-supported and that has now led to her anxieties becoming much worse . . mainly about school and extra demands of High School.

StarlightMcKenzie Wed 17-Oct-12 12:59:09

deferring decision is a cowardly way of saying it has been refused. sorry.

StarlightMcKenzie Wed 17-Oct-12 13:02:30

Write to them asking for a copy of the minutes at the school last Thursday as you have no recollection of any discussion about strategies as they have suggested.

Ask them, in writing to specify the provision that they believe your dd will be receiving at school and how she is supposed to access it.

Whilst you are doing this, download the appeal forms and fill them in to the best of your ability.

Delalakis Wed 17-Oct-12 13:06:36

I think you have to read that as a decision not to carry out a statutory assessment, at least for the purposes of the timetable for entering an appeal. It would probably be safest to enter an appeal, not least because that might make the LA concentrate a bit more.

KeepOnKeepingOn1 Wed 17-Oct-12 13:11:06

Had a similar thing with 1st refusual - stimulated a meeting with the school to discuss interventions - just to be absolutely sure that SA+ was not working!

I managed to overturn 2nd refusual by phoning the LEA and speaking directly to the case-worker who was far less informed than I had imagined - she had read the school advice (cut and paste reason for refusual) but hadn't read any of the documents I had submitted. May be worth a try - calm and reasonable but extremely concerned.

So sorry you have had this set-back sad

AgnesDiPesto Wed 17-Oct-12 14:05:36

I would just go ahead and draft the appeal tbh and put all your reasons in the grounds of appeal
They can meet you any time they like but won't bother until they know you will definitely take it further
Look at IPSEA refusal to assess pack
The test for SA is whether they know your child's needs are being met at SAP
If they don't know, because they need more evidence, that is a reason to do a SA
The only basis to refuse is because they are certain your child does not need support above SAP
Check if you are eligible for legal aid now you have a right of appeal, if you are eligible you can now get legal aid to fund private reports which is reason in itself to lodge an appeal

StarlightMcKenzie Wed 17-Oct-12 14:09:35

'if you are eligible you can now get legal aid to fund private reports which is reason in itself to lodge an appeal'

Blimey, - I never twigged that one, but you're absolutely right. Have to try and remember it.

sweetteamum Wed 17-Oct-12 14:27:20

Thank you all so much for the replies. DH & I agreed we will appeal straight away, while we are waiting for the clear letter to come through.

I hadn't realised the legal aid/private report thing either, so will also look into that.

I'm so fuming as I kind of expected it but all reports were relevant and up to date, there was more than 100 bloody pages. I'd spent weeks preparing everything (I know they don't care about that). I just don't understand why they need to assess her before a possible SA, because aren't they going to have to do it again?

Anyway, i'll try the legal aid link now.

sweetteamum Wed 17-Oct-12 14:35:21

Oooops, forgot to add, who should I email to get copies of the minutes of the meeting: School or all who were there or LA?

StarlightMcKenzie Wed 17-Oct-12 14:38:34

Email the LA. You're not doing this to actually get hold of something (how can you when it probably doesn't exist?). Your emailing to clarify what you have been told and to create a documented evidence trail of your attempts to communicate, be reasonable, and also hold them to account for what they say.

sweetteamum Wed 17-Oct-12 14:41:55

Great, Thank you. I've just had an email to say it's been passed to a manager?!?! What the........?

I am keeping it very nice (and it's getting on my nerves). My brother says i'm being polite but to the point hmm shock

I'm so fired up angry and know how lots of you feel a little more now.

Iceflower Wed 17-Oct-12 15:01:03

So sorry to hear this, you must appeal.

The deadline for the LA to decide on whether to assess my ds is Friday 19th, so I'm starting to get a bit nervy. I know sometimes a request is refused just to delay matters, no matter how good a case you and/or your school has made.

sweetteamum Wed 17-Oct-12 15:17:17

Thank you iceflower and even though it seems to be standard it still got to me. I will keep my fingers crossed for the 19th for you.

At least now i've corrected them and they know i'm going to appeal the decision, they can get this stupid letter re-wrote and i can use the new date as my refusal letter, which will also show they are late with their decision.

I'm going to be bloody awkward too.

sweetteamum Wed 17-Oct-12 15:56:19

Just had a call and they have re-worded the letter and will send tonight.

StarlightMcKenzie Wed 17-Oct-12 17:42:47

They've reworded the letter to we refuse, or we will go ahead?

sweetteamum Wed 17-Oct-12 18:27:17

Good point hmm

However, I'm possibly only going to get it to actually say NO. But I've also noticed there's no reason on there. But then again it wasn't a clear no. If I'd of questioned it, without that meeting last week I'm not sure how they would of refused it. But they're jibbering on about the meeting, as if that was the deciding factor.

It just doesn't look like a standard no as its 2 pages long!

sweetteamum Thu 18-Oct-12 07:58:58

Think I may need to start a new thread but will also ask on here for those thatsy come back.

I'm obviously going to be appealing the decision not to assess. I've downloaded the refusal to assess pack and just need ink to print relevant forms out.

What is like is tips for those who have already been, done, going through and have got the t shirt.

I thought I'd sent all relevant documents and the new details are the refusal of school due to no one to one. Do I also need to be getting foi details from the lea?

I'm feeling overwhelmed by it all this morning.

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