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what to do post refusal to assess

(25 Posts)
bjkmummy Wed 05-Feb-14 22:21:41

appeal is already lodged and I should know in the next couple of days when the hearing will be

I have read some old posts on here and some of you wrote to the LA questioning their decision. I haven't done this but I do need some information from them such as the criteria they used - (although I do know what it is - I want to hear it from the horses mouth so to speak)

they mention her NC levels but do not mention at all the EP report we submitted putting her on the 2nd centile and that she needs specialist teaching - the refusal letter is the usual white wash - needs can be met at SA plus, school can call in Ep if they want to blah blah blah.

im just wondering if sending such a letter makes any difference as such - my LA in my other tribunal never listened to a single word I wrote and every single email went unanswered (although of course they were all sent to the tribunal!)

I guess I don't want to waste my time and effort but also don't want to do nothing and question nothing as what they have done and things in the refusal letter are wrong and they have twisted everything and left out important information/facts. I have an inkling that at the 'panel' meeting there was no panel meeting but that's another issue I guess

claw2 Wed 05-Feb-14 22:39:16

Writing to LA and school isn't to make a difference to their decision, its more to gather evidence that school could not give all the educational help your child needs unless it gives extra funding.

bjkmummy Wed 05-Feb-14 22:47:56

yes that is true - I know in the ipsea refusal to assess pack they give standard letters to send to get the information you need so I will do those letters and leave it at that. I just wasn't sure if I should do more but like I say they never listen and if I set out my case how she isn't making adequate progress so they are wrong in refusing to assess her its gives them the information to go and counter against me I guess.

im off for a child free weekend on Friday so wanted to get this bit done before I head off for some fun! I need also to do the request for her school records as well. school don't know I have appealed yet though they haven't spoken to me since I applied!

claw2 Wed 05-Feb-14 23:06:34

I did standard IPSEA letter to LA. It helps to know the amount of funding and what help school usually supply, just in case they argue school should be doing more etc, etc.

I also wrote to school saying that LA had refused to assess and i was considering appealling etc, etc.

1. How school are going to meet ds’s needs as highlighted in various reports, without the aid of statement? I then listed them.

2. What actual input ds will be getting i.e. how much 1:1 and how much small group work?

3. Who will be implementing the 1:1 and the small group work and what training they have had?

School replied offering alternatives to what had been recommended and basically saying they didn't have the resources to meet all of his needs. Like OT input for example.

Which is exactly what you want them to say.

envy at your child free weekend and good for you managing to fit some fun in, you need to have some you time!

claw2 Wed 05-Feb-14 23:13:32

Oh and don't forget to request copies of LA and PCT files too, along with school file.

bjkmummy Wed 05-Feb-14 23:16:17

im off to butlins on an 80s weekend with some friends for a 40th birthday - we all have asd kids! we will be spending it probably sleeping! toyah is on and im sooooo excited - even got my 'choose life' tshirt!

the following weekend both me and dh are child free as the charity who run the independent school my son goes to are running a residential weekend so can take both asd boys and also taking my daughter as well!!!! so we drop them off at 9.30am on Saturday and pick them up at 4.30pm on sunday. we are going to go ikea and then head to the pub and have an afternoon in the pub!

claw2 Wed 05-Feb-14 23:22:29

Sounds great! Toyah and 'choose life' t-shirts, oh dear we are showing our age grin

You really do need some time to relax, in the midst of this going on. Sounds awesome!

Cant remember the last time I had a child free weekend, I am really jealous!

claw2 Wed 05-Feb-14 23:26:43

I had a 'choose life' dress and fancied Andrew blush stop me now before I start talking about leg warmers and bangles grin

Hope you have a great weekend/s

bjkmummy Wed 05-Feb-14 23:38:34

theres a wham tribute band on! also tpau are there so can forsee lots of loud singing of china in your hand! I have leg warmers and bought some bangles from primark today!!!! for some strange reason the birthday girl has decreed we have pink lady jackets! have no idea why!!!

who else is on = oh yes musical youth, owen paul - there is every 80s tribute band you could ever dream off - im especially excited to watch the duran duran tribute band!

the friends I am going with a particular feisty bunch of ASD mums who have fought for their kids so I think the LA ears could be burning this weekend as we put the world to rights!

claw2 Wed 05-Feb-14 23:53:27

Lol leg warmers and bangles, you will have to have crimp your hair too!

Duran duran grin My first ever concert was Nick Kershaw! those were the days eh! Sounds like you will have a laugh and perfect for letting your hair down.

Cant get 'pass the dutchie' out of my head now you have mentioned Musical Youth!

claw2 Wed 05-Feb-14 23:58:18

Im off to bed now (humming pass the dutchie) you have found the perfect thing to do post refusal to assess, you don't need any advice! smile

KeepOnKeepingOn1 Thu 06-Feb-14 06:25:31

Ha! Musical Youth must be Musical Middle-Aged now grin

I was going to remind you to pass from the left hand side grin

bjkmummy Thu 06-Feb-14 07:16:23

I think all of the stars are going to be in their 50s tonight! saw nik Kershaw a few years ago and he wasn't very good - I was really disappointed and I think he was completely bald as well!

hair crimpers are packed - im off to the hairdressers this morning in an attempt to cover up the grey!

the worse bit is leaving dh with the 3 kids and having to organise everything before I go, then I remember I was once alone over xmas for 3 months one year and I had to cope.

ive even arranged respite for the boys tomorrow and daughter at drama so he gets 3 hours to himself and also arranged it so its the easiest it possible can be for him! hope he realises just how much I do but probably not as ive organised it so well for him

claw2 Thu 06-Feb-14 07:31:50

Keep, oh yes they must ALL be middle aged now and im sure its more a case of 'pass the Horlicks from the left hand side' grin

Nick Kershaw was never very good, unless you are a 14 year old girl, although im sure after a few vodkas he would be brilliant again!

Im sure your dh and kids will be just fine, anything like ds and they wont even notice you have gone, until you get back!

Skylar123 Thu 06-Feb-14 08:46:51

Bjkmummy have a great weekend away! Sounds as if it will be lots of fun.
Claw what do you mean by request copies of LA and PCT files too, along with school file. I know what the school file is but info do the other too hold ?

claw2 Thu 06-Feb-14 09:01:37

Hi Skylar, school have a file on your child, as do the LA and PCT. You should request all 3 at the same time.

I found some very interesting stuff, which was brilliant evidence. For example I found records of conversation which LA had recorded between them and SENCO, which school hadn't recorded and vice versa. Very important stuff. No wonder my ears were burning!

On PCT file, I found that SALT had not been going into school, like SENCO and SALT claimed she had been. I found that ds didn't actually have a SALT programme, as claimed etc, etc.

Once you have received copies of files, LA, school, PCT they cant suddenly produce documents (that don't exist) or alter records.

Skylar123 Thu 06-Feb-14 10:10:13

Thanks claw, I should do this after I have made my SA application and been refused ? Thx

claw2 Thu 06-Feb-14 10:50:19

Well you have 2 months from the date of the letter refusing to assess to lodge your appeal.

When you request info they have something like 20 days to supply, however they can ask for more time and sometimes use delaying tactics, like writing back to you asking you to go there and look at the file or asking you to be more specific etc, etc.

The files are usually very large bundles, so take some time to look through and weed out relevant pieces.

You will probably want to include any evidence you find on files in your appeal. You can add to your evidence anytime before the date of Tribunal within the deadlines. (Tribunal should give you a date within 10 working days of receiving your appeal, could be anywhere between 4-6 months) So you will have time to add to your appeal

Depending on how organised you are and how much time you have. Personally I waited until after they refused to assess.

Skylar123 Thu 06-Feb-14 11:47:33

Great thanks again

Skylar123 Thu 06-Feb-14 11:49:01

Sorry to be thick what is PCT? Lol

bjkmummy Thu 06-Feb-14 12:45:58

Skylar - pct is health so requesting all the medical files etc

Skylar123 Thu 06-Feb-14 17:58:50

Thank you so much , do I get these by writing to our pead or gp ?

claw2 Thu 06-Feb-14 18:31:09

You do a subject access request, in writing to the individuals ie LA, school and PCT (primary care trust) I cant remember if it takes 20 or 40 days.

There are templates you can use. They go something along the lines of giving child's name, dob. I am writing to make a subject access request under the Data Protection Act 1998 for any personal information you hold about my child, including, documents, emails, phone calls. In short everything you hold relating to my child. This should also include any information held by......list professionals involved in your childs care ie SALT etc, etc if writing to PCT. If writing to school any information held on SEN file.

I am happy to pay the fee for processing this request. (they can charge up to £50)

Tambaboy Thu 06-Feb-14 18:31:32

bjkmummy sorry nothing to add regarding your appeal but I just wanted to say that I'm going to the same 80's weekend! Most of us will be wearing Frankie says Relax t-shirts! I'm dreading it and looking forward to it in equal measure!
best of luck with the appeal

Skylar123 Thu 06-Feb-14 19:01:12

Thanks claw and yes good luck bjkmmy with your appeal.

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