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I'm going to ask panel to review their decision not to assess. Before . . .

(15 Posts)
sweetteamum Sat 10-Nov-12 08:36:09

. . . I take this to appeal, which is based on information, reports received and calls since last applying.

I know it's their monthly meeting soon but do you think it's even worth it or should I just concentrate on the appeal. I want to prove I've give them as much chance as possible to reconsider before they get my appeal paperwork.

wasuup3000 Sat 10-Nov-12 09:18:27

If you feel you want but you will be looking at may or june now for a tribunal date and if you delay appealing any longer you might be looking at September/October next year. If you appeal now the LEA can still change their minds based on the info you will give them in the process between now and possibly may when you would be looking at for a hearing date.

KeepOnKeepingOn1 Sat 10-Nov-12 09:45:30

When I received the 2nd refusal to assess I phoned the LEA and spoke to the caseworker. There were specific circumstances - after the 1st refusal the LEA sent an Advisor to talk about concerns regarding academic progress. They said they needed to measure ratio gain during a Wave 3 intervention and that if it wasn't adequate we could submit new evidence to the 1st application and not have to wait 6 months and that there would still be time to get a statement in place prior to September 2012 and him starting high school. The school faffed about putting in place the intevention and so in the event 6 months had passed and so the new evidence was treated as a 2nd application. Ratio gain was 0.3 (inadequate) and so he met policy criteria for SA.

It turned out that the case worker had not really read my submission but had only read the school report. Have you got a copy of the information the school gave to the LEA after you made the application? I doubt the school would have shared this with you but if you request a copy of DD's file you will get a copy.
LEA's will usually cut and paste from the school report to justify the refusal.

Your case is a different in that I think I am right in remembering that the decision to grant or refuse assessment was being deferred pending further assessment? And that this happened some weeks ago and that there has been a meeting since (although their focus has been on getting DD into school)? And that the LEA are involving SS and/or EWO?

tbh I wouldn't waste my breath. Put in the appeal asap. A lot of appeals to assess don't reach Tribunal. I know that you have time in mind and that appeals take time. I intend to lodge the appeal and then negotiate with the LEA when I have nothing to lose in a practical sense. I think somebody said on here (veritate?) that Tribunal hearings can be expedited when the child is out of school which I am hoping is the case.

wasuup3000 Sat 10-Nov-12 09:50:29

If you want an appeal expediated they can sometimes hear cases via phone conferences.

claw4 Sat 10-Nov-12 09:55:43

Why dont you do both, lodge your appeal, then write urging them to reconsider?

I did this with my 1st SA and they did actually agree.

sweetteamum Sat 10-Nov-12 09:59:37

Thanks for all responses. I just needed to see it from all angles. I'm definitely going to appeal anyway but shall I wait for data protection details to come through or just get it in and just forward them in when I've got a case number?

The lea has said that dd is an urgent case as she's not in school but they've still not agreed to SA. I've also received lea file and there's no notes regarding meeting which came to decide all this. It's just mainly things I've sent in and a very little pile of paperwork from high school. There should be notes re: all calls, emails, meetings from the past year at least but there's not even anything handwritten so it's confused me a little.

You remembered my situation right. Thank you for coming back. Hope I'm not repeating myself but just wanted all angles covered smile

sweetteamum Sat 10-Nov-12 10:02:54

Definitely am going to do that claw. I'm also going to ask in the meantime for home tuition which they have a duty to do as she's off on medical grounds and all absences are unauthorised on details I've seen. I've booked dd appointment for this coming week with doctor. They know its regarding a sick note for school but wanted to see her and get her opinions.

I've seen a little diary she's got (she showed me) and it says she hates school and can't cope there. Ill get copies of it.

claw4 Sat 10-Nov-12 10:13:23

Sweet, sorry im not really familar with your situation, other than what you have posted to me over the last few days, so forgive my not being totally up to date, i havent been around for a bit.

I would say lodge your appeal, you have plenty of time to add to it.

This is my 2nd SA request, but 1st time round, i lodged my appeal, then wrote to LA telling them i had lodged my appeal and asking them to reconsider, using some of the points of my appeal and they agreed.

Im sure when the LA receive an appeal, it is just put on a pile and someone looks at it, just before appeal is due to be heard and they then decide, oppose or not.

I didnt get notes of 'panel' meeting, as i dont think there actually is one, its the named officer who decides.

This time round i have my SA Tribunal in a couple of months, i had already lodged my appeal before i asked for copies of school file and LA file etc. I found something rather interested on LA file from my 1st request for SA, the named officer was actually drafting a statement, then that all changed and they refused to issue a statement. I wont be telling the LA about this info yet, but saving it for the last minute.

sweetteamum Sat 10-Nov-12 10:50:10

Thanks claw that's really good advice.

Ill get this sent today/Monday then wait to see what school file shows.

claw4 Sat 10-Nov-12 11:00:42

Sweet, would also add, you do find some little gems on school file and it really is like a light bulb moment, like a 'aha i knew i was right' which will reinforce you in your decision to appeal.

I can remember being very nervous, thinking do i have enough evidence or are school going to look right about the 'over anxious' mother! School file straightened that right out, all my doubts were gone. School file confirmed what i already knew, that school were not monitoring progress and were either telling a pack of lies or had lets say, to be nice, having a great deal of trouble keeping up with the paperwork and communicating.

sweetteamum Sat 10-Nov-12 11:05:03

Hmmm I think the school file will have more 'interesting' details on and if not I'm confused where all meeting notes have gone.

claw4 Sat 10-Nov-12 11:38:35

I also noticed that the school file and LA file did not match ie school had recorded conversations between SENCO and LA, but LA had not recorded the same conversation for example and vice versa.

Good luck smile

sweetteamum Sat 10-Nov-12 11:54:26

Oh really?!I hadn't thought of those contradicting each other. If there's nothing on school file after all meetings last year then i'll be even more suspicious than ever smile

claw4 Sat 10-Nov-12 23:38:41

There was nothing on school file about any meetings i had with them, no minutes or notes or even the fact that they took place.

Unless there was something specific said during these meetings, that you intend to rely on, i wouldnt worry to much about that. Our meetings were always pointless and ususally involved telling me what great progress ds was making and what a good job they are doing!

I found far more interesting stuff, like post it notes had not been removed from my letters before photocopying, stating what lies they were going to tell me to cover their arses. Also things such as a progress sheet had been filled out the day before my ind expert was going into school and about 30 targets had not been met, yet they my ind expert 'no difficulties' and 'meeting targets', such bad memories to have forgotten from just the day before eh!! and lots more, hopefully minutes of meetings wont be relevant once you receive a copy.

sweetteamum Sun 11-Nov-12 04:32:40

Thanks claw I'll get my detectives head on - when I get the details, that is. Like I said, there really wasnt alot from the LEA so it's down to the school file and medical records file from nhs.

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