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Help :-(

(26 Posts)
flyingunderpants Mon 22-Oct-12 12:16:32

Just recieved a letter turning DS down for a statement.
His teachers,SENCO,EP and myself were all so sure he would get it.
I feel like i have been kicked.sad angry

AttilaTheMeerkat Mon 22-Oct-12 12:20:55

On what grounds was the refusal to assess made?. LEAs usually do this, its certainly not unknown for an initial application to be refused.

You must appeal their crass decision as a matter of course. Use IPSEA's refusal to assess pack via their website

bjkmummy Mon 22-Oct-12 12:22:13

Take a deep breath - it must be an awful feeling but you now need to pick yourself up and appeal. Theres plenty of advice on here to get you through this. I'm convinced the lea reject loads of requests to see which parents are prepared to fight. Fo every parent that doesn't they save a fortune.

StarlightMcKenzie Mon 22-Oct-12 12:26:23

If you are all sure he'll get a statement then he probably will do, once the LA have fulfilled all their unwritten policy requirements.

Who put in the request you or the school?

flyingunderpants Mon 22-Oct-12 12:46:49

Breathe in and out. Thanks.
I know i shouldn't be shocked.I was told its normal to be turned down first.But i just was ready to hear from them yet.They had got till the 17th nov to contact me,and of course its half term so can't talk to anybody from school.
The reasons given:
Panel recommened that the school implement the advice and strategies recommended by EP dated 15th march and 30th july 2012.
It was noted that the EP was to make a referral to the child ans adolescent meantal health service and panel felt a report from that service as to the nature and degree of xxxx difficulties should be pursued in order to provide advice and guidance to the school.
A further referral containing evidence of these actions would be accepted by the SEN assessment panel.

My head is going round and round i can't think.
DS as been on school action plus since reception and now in year 3.He has made very little progress.He is working at reception level.
Thanks for all the help and advice.

StarlightMcKenzie Mon 22-Oct-12 12:49:05

In that case put in an appeal. All those things can be done whilst appealing. Would you get legal aid?

flyingunderpants Mon 22-Oct-12 13:12:59

We have an appointment with CAMHS on 2nd Nov.
Yes i think we would get legal aid.
Does it always go to a Tribunal? Or can they decide to assess just with any information i send in a appeal letter?

ArthurPewty Mon 22-Oct-12 13:35:58

Message withdrawn at poster's request.

flyingunderpants Mon 22-Oct-12 13:45:03

I am going to appeal.Its half term so can't talk to the SENCO or anybody.I feel like LA have sent this letter now,knowing full well its half term.
Just another delay in getting DS the help he needs.

StarlightMcKenzie Mon 22-Oct-12 15:09:29

'.I feel like LA have sent this letter now,knowing full well its half term.'

Sorry but yes. Know too that you are not alone. They probably sent out a batch on that day.

Have you a copy of all the paperwork submitted?
Legal aid will usually cover independent experts which makes it IMO in your favour that they have put you in an appeal position. It will ultimately get you a better statement at the end of this.

ArthurPewty Mon 22-Oct-12 15:44:38

Message withdrawn at poster's request.

flyingunderpants Mon 22-Oct-12 15:50:36

Starlight no i haven't got a copy of all the paperwork.Even though i did ask for it,after i was adviced too, by you i think.
I will chance that up on monday.
I'm starting to think its good, i have this week to sort afew things.At least i can go into school monday ready to begin fighting.

StarlightMcKenzie Mon 22-Oct-12 16:30:17

So put in a subject access request for a copy of everything they have on you and Ds.

You'll get everything include communication between them and the school/other agencies. You might be surprised.

At the same time research legal aid and a firm that might help.

flyingunderpants Mon 22-Oct-12 16:36:05

Thank you Starlight for all your help.
Do i apply to the school for a subject access request or the LEA?

StarlightMcKenzie Mon 22-Oct-12 16:38:24


You can do an additional one for the school, and further ones for any agency I.e SALT.

It can be interesting to send the requests at the same time.

StarlightMcKenzie Mon 22-Oct-12 16:39:55

But it is ultimately the LEA's stuff that will be most helpful. You can ask for all documents held, but specifically documents and communication relating to SA request.

flyingunderpants Mon 22-Oct-12 16:50:38

Thanks again.thanks
I'm going to search online for a template letter now.
At least thats something i can start doing before school reopen.

StarlightMcKenzie Mon 22-Oct-12 16:52:34

Start with your LA's website. They might have information that will help you get the right documents of proof. They usually require ID to stop anyone else cycles sing your info.

flyingunderpants Mon 22-Oct-12 17:52:35

Right now the DC are fed and happy for abit,i'm off to google.
Thanks again Starlight and everyone else.thanks

AgnesDiPesto Mon 22-Oct-12 18:15:58

If you can get legal aid then do that - get a lawyer and let them do the rest eg get the file etc. Thats what they get paid for.
In some ways its a blessing as you can now get indep reports paid for which will provide, as Star says, a much more detailed and quantified list of provision needed. LA professionals will only give wishy washy advice which is often written to the LA / NHS resources and not to need.
No it doesn't always go to a hearing - our LA backed down on assessment the day after the appeal docs hit their desk. They were just trying it on.
The way it was explained to me by another parent is that if there are 10 families asking for a statement and they put 10 hurdles in the path of each of them then they hope at least one family will fall / drop out at each hurdle and very few, if any make it to the end.
Get a lawyer list here and let them get on with it.

StarlightMcKenzie Mon 22-Oct-12 18:36:34

Agnes, SEN Lawyers are a truly lazy bunch ime!

sweetteamum Mon 22-Oct-12 18:37:03

So sorry flying sad we are in the same position. I'm just starting appeal also and asking for all DDs details held by LEA.

Good luck and keep googling.

AgnesDiPesto Mon 22-Oct-12 18:41:58

Star I am not saying lawyers don't need regular prodding!
Both times I have bought a house and was working in a legal firm that did conveyancing I ended up doing most of it myself and nagging the Solicitor constantly!
But getting free reports on legal aid is too good a chance to pass up.

StarlightMcKenzie Mon 22-Oct-12 18:43:47

Oh, yes, agreed. Also, there is no harm in seeing what you can get the lawyers to do first and picking up the slack, rather than just assuming they'll be too slow/lazy etc. grin

flyingunderpants Thu 25-Oct-12 18:27:03

Small update.
I spoke to the case officer from SEN.She has agreed to a meeting at school with SENCO,class teacher and myself.To see if there is anything that can be changed or added,to allow an assessment to go ahead.
Got to wait till school reopen, to confirm which of two dates the meeting will take place.But both dates are after the appointment at camhs.

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