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Refusal to assess - appeal date is here - help!!

(22 Posts)
bjkmummy Thu 06-Feb-14 12:53:13

So much for going to have my hair done, come home and pack for butlins - got the letter re my appeal so now my head is in turmoil even though I knew it was coming!

Appeal date beg of may. I can't get another EP report as last one done at the end of October. Independent OT was due to see her towards end of march - all reports to be in about 2 weeks later so thinking I may need to bring the OT appointment forward.

Have no idea who I can take to the hearing, could consider her dyslexia teacher.

The LA also won't be able to get an EP report either even if they wanted to because mine will be within 6 months old. Expect LA to call her teacher which will be interesting as they are in another LA and will be an academy by the time of the hearing. Cannot see her class teacher who is also the senco wanting to be anywhere near a tribunal.

I know there are things I should be doing and I need to get on and do it, namely that I need to request the files etc and get other information that I should have done a week ago.

My hearing is about 3 months from when I applied so a quick turnaround as only judge and one panel member sitting.

I was in a coffee shop today where there were 2 councils employees. Is all kicked off there today and the guy had been removed from the building by HR for his safety as the head of inclusion had verbally abused him this morning as he had resigned! I'm about to make her day even better with this appeal landing in the office!

ouryve Thu 06-Feb-14 13:08:22

I'm still rattling my brains for DS1's hearing and I only have 2 weeks left to send in my attendance form. Mine's a refusal to amend, and is running on a longer timescale.

Was your EP report private? If so, can you afford to pay the EP to be a witness?

bjkmummy Thu 06-Feb-14 13:17:32

It was an EP from dyslexia action so not sure if I can call her as a witness as its written under their heading so to speak. The LA have in their refusal to assess just ignored the whole report and only looked at the evidence school provided re NC levels. The EP report is shocking as she's on the 2nd centile for lots of things. I spoke to another independent EP to see if she would write a report but due to the 6 months rule the hearing date is too soon. I read her levels to her on the phone and she was shocked we had been refused an assessment. I'm hoping that when the tribunal read the report they will consider it unlike the LA.

KeepOnKeepingOn1 Thu 06-Feb-14 13:22:06

If you think about it logically the LA won't send in the EP or do any other assessments at this stage because they are arguing that assessment is not necessary.

They have to send an EP for assessment anyway. You could find that the LA does an informal observation to say that all is well.

I would keep the Indi EP for the end of May as the LA won't get it together that quickly if the tribunal orders assessment. Then your EP could focus on needing a statement rather than a NIL.

bjkmummy Thu 06-Feb-14 13:32:36

That's what it thought keep - keeps cost down as well. My concern is that the LA will only produce her NC levels and get the school to show that she has made further improvement hence refusal was justified. I won't be able to show whether she has/hasn't made improvement since the last report. I will have an OT report and have reports from her dyslexia teacher. I will also have the next Iep - as it stands she will not reach the targets. If they call the teacher I guess I can ask her to confirm she told me Keira needed more specialist teaching eta plus I have her written report where states Keira has not made progress - she will have to make a huge u turn and it would affect her credibility I'm sure. I will submit examples of her homework/ handwriting

KeepOnKeepingOn1 Thu 06-Feb-14 14:14:09

Can you get the dyslexia teacher to repeat standardised reading and spelling tests? She could do another set now and then another one before the hearing. Seriously they only take about 10 mins each.

wetaugust Thu 06-Feb-14 14:54:26

If you already have a 'shocking' EP report that is less than 6 months pre=Tribunal that should suffice. You can argue that sge could not have improved from the 'shocking' assessment in such a short time.

This 6 moths 'rule' is becoming farcical. It's about time guidance was issued to SENDISTs telling them to stop being so bloody stupid

claw2 Thu 06-Feb-14 14:59:06

Keep calm and 'choose life' grin

No seriously, professionals are really good with preparing reports quickly for tribunal, our EP emailed me report 10 days after he assessed and draft was made final 2 days later. Just let OT know the date now you have it and ask if this will be enough time.

You don't need another EP report yet.

You could always take a friend to tribunal just for support, if you don't have any professionals.

LA don't base their reports on when you had indi EP report. They have to get EP to assess as part of SA (if agreed), even if your indi EP report was done the week before. But as Keep says, they wont get an EP to assess, as they saying your ds doesn't need it, hence the tribunal.

Class teachers/SENCO etc work for the LA and are paid by the LA. They have to attend tribunals really, they are not supposed to be on the 'side' of the LA or parents, but to give evidence about the child.

claw2 Thu 06-Feb-14 15:00:16

God has it gone down to reports having to be within 6 months now? it was a year when I applied a year ago.

KeepOnKeepingOn1 Thu 06-Feb-14 15:20:10


Keep calm and pass the dutchie on the left hand side grin

TOWIE2014 Thu 06-Feb-14 15:22:57

If you don't ask the dyslexia teacher to attend as a witness, I would strongly recommend you get her/him to write you a brief informal report. Nothing formal (ie not an assessment) but just her opinions/views/etc on how DD is when the dyslexia teacher is teaching her.

I did this with appeal for part 2, 3, 4 and the judge very heavily used the evidence from the dyslexia teachers because they had direct working experience/knowledge of DS's difficulties. He had 2 dyslexia teachers. Each teacher wrote a double-side A4 sheet and then I sent these in with my evidence. The Judge used these informal reports both during the hearing, and then afterwards in their Decision. In many ways it counted more then the professional EP formal reports because this was direct experience.

claw2 Thu 06-Feb-14 15:26:36

LOL Keep i thought we were passing Horlicks on the left hand side, dutchie is so 80's and for youngsters!

bjkmummy Thu 06-Feb-14 16:03:45

the dyslexia teacher writes a report end of each 6 weeks so ive got one report already and im expecting another one next week. I will approach her and ask her if she will come. she may say no but I know she will happily write a report for me.

im not going to be able to keep a straight face now when musical youth is on! will have to pass the dutchie through cyber space to you all! I don't think they did any more records really did they?

KeepOnKeepingOn1 Thu 06-Feb-14 16:08:39

I don't like Horlicks though! Given a choice between a Camberwell Carrot (Withnail) or a Caring Carrot (MNSN) I'd be settling into my beanbag and sparking up grin

claw2 Thu 06-Feb-14 18:04:02

Haha! im not keen on Horlicks either, il have vodka and coke too please to go with my carrot! In fact I think we should be going with BJK grin

StarlightMcKingsThree Thu 06-Feb-14 18:09:20

You could get the original EP in for a quick observation (not full assessment) with an update report to say recommendations still stand, and then for attendance at the tribunal.

Dates can be changed if one of the key witnesses can't make the date btw.

wasuup3000 Sat 08-Feb-14 14:46:02

I don't know if your LA do the same but mine is going with the argument that it gives the school enough funding to provide a child with SEN with 20 hours of support.

wasuup3000 Sat 08-Feb-14 14:47:56

Oh and the LEA EP went into school and assessed my child - 2 weeks after they had refused to assess. I am interested in their response to the tribunal concerning this.

KeepOnKeepingOn1 Sat 08-Feb-14 15:40:29

Wassup - was it a planned assessment or EP doing an informal assessment whilst there to observe another child or a 'routine' visit?

2boysnamedR Sun 09-Feb-14 23:31:06

If you just put 'tbc' for all of your witnesses and who is attending. I did that. I had no intentions of calling any witnesses. They backed down day five after getting my attendance form. I think once your private report hits sendist the lea well might back down as they know they can win

2boysnamedR Sun 09-Feb-14 23:31:21

Can't win I mean

wasuup3000 Wed 19-Feb-14 12:09:35

A planned assessment Keep. The school had asked for the assessment/EP support as they were struggling with ds. I still don't have a copy of the EP report even though LA have sent their response back. They are doing the whole - needs are not serious enough to warrant a statement/assessment and school can meet his needs.

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