Indi EP and SALT can't assess DD til end of May - not likely to be in time for appeal agaist refusal to assess hearing. What do I do?

[pannetone]

I am beginning to think that I won't be able to get reports from an indi EP and SALT before my hearing date - both have said they can't see DD til the end of May. I haven't put in my appeal yet but I have to by Feb 23rd. if I get a tribunal date only 3 months ahead of putting the appeal in that will take us to the end of May - which is when the reports are being done.

Is it possible to request a tribunal date not until the (say) the end of June so that I can get the indi reports done? How inportant is it to have indi reports at the refusal to assess stage?

And 'circumstances' in my DD's case have changed - she has been off school entirely for more than 2 weeks now, her attendance is below 80% and falling, and it is evident that it is going to take some time to 'integrate' her back into school - she has today managed 20 mins in a room with the door shut with a TA and me there - she is nowhere near ready to go back into class. Presumably I put this in my appeal - will that count as 'evidence' for my appeal or increase the chance that the LA will change their minds and assess? (hopeful)

[claw2]

Put in your appeal and see what date they give you, then ask professionals if they can get it done by then, if not ask for a another date.

How important it is depends on what evidence you already have. Will school write a letter saying that your ds has only been able to attend for 20 minutes and the reasons why? or are school saying, its your fault she isn't attending?

[ouryve]

Are they the only ones available to you, or are all the good ones fully booked in your part of the world?

[WhoKnowsWhereTheTimeGoes]

It might be worth asking your professionals if they have any colleagues that can do the assessment sooner, or recommend anyone else.

[2boysnamedR]

If you can get another good indie to do reports and go with the one you want for appeal? I have a indie salt but if we appeal statements I'm getting another who has experience of tribunal cases. My tribunal date was given in nov for April so five months notice as I remember.

My indie report was I think key. It was more detailed ( six pages ) than the nhs and disproved the nhs not so bad reports as they had hard facts. Plus it showed the nhs had done tests two years too junior on my son. Putting him six months delayed where he is in fact 2.6 years delayed

[pannetone]

claw the indie EP and SALT are already saying that their first available appts are not til late May. I might be able to get the school to write saying that DD's attendance rate is now only x%. Not so sure they will say that it is because her needs aren't being met. I think we have got as far as they now know it is very difficult for me to get her into school _ Head heard her meltdown when I finally got her in yesterday - and his office is not right next to the entrance... I have got across that 10 minutes support to meet the TA and then expect DD to go into class won't work, as that would result in her not being able to make it into school at all again. (I didn't say 'refusing'!) School is not meeting needs because they don't know WHAT DD's needs are and HOW to meet needs - though I suspect that another reason is that it is cheaper for the school not to 'look for' needs.

When you say Put in your appeal and see what date they give you, then ask professionals if they can get it done by then, if not ask for a another date, do you mean I can ask for another Tribunal date?

ourvye and WhoKnows - Yes I could ask for other recommendations I suppose but I chose the ones i've approached becuase they are used to doing Tribunal work and I think I might have a couple of those ahead... (Going to request assessment for a statement for DS too.)

2boys when you say If you can get another good indie to do reports and go with the one you want for appeal? do you mean if the LA does assess I could use my 'preferred' indie to do another report for the appeal. The issue there is £££££. I have been quoted £1000 by the indi EP and SALT asessments and can't afford to do reports twice - probably for 2 children...

It is all so complicated with timing and money considerations. I think the SALT terms and conditions say I have to pay a non refundable deposit of £200 just to reserve a date... Then both the SALT and EP are going to have some issues assessing DD because of her selective mutism, but she isn't a non-verbal autistic child as such - well maybe a different 'version' of non-verbal! I suppose there are tests to assess non verbal children.

[WhoKnowsWhereTheTimeGoes]

I'm in a similar position (decision whether to assess due soon, expecting refusal) and spoke to two or three tribunal capable EPs who weren't available till May onwards, but one passed my details on to another who can do it in March, disadvantage is that she's further away so I will be paying a lot more travel costs, but I have to live with that. Maybe phone IPSEA or SOSSEN and see if they can recommend anyone else?

[2boysnamedR]

Crikey at the price! My indi salt was £150 to assess! He needs on going salt and I can only get that privately. So I have to pay out that twice a year to keep things up to date. I wouldn't pay twice for ep within six months as yes thats v expensive. I could have ever pay twice for £150 within six months at £150 as its all from his dla.

Sorry I didn't think about the ep costs

[2boysnamedR]

I had my private salt before refusal to asses came in as well. I emailed about 30 salts as a few we're busy but recorded her. She had space straight as and so did a few others. I got the names from a website of registered salts. The same for ep's with tribunal experience but if needs be I will get one based on recommendation - but that one is very busy

[KOKOagainandagain]

I am appealing refusal to assess and have no intention of getting indi reports. DS2 has a working diagnosis of ASD given by an NHS consultant following 2 years multidisciplinary investigation. Educational impact is clear and has been documented without progress since reception.

Unless things have really changed pre-EHCP this should mean that the LA will have absolutely no intention of actually going to tribunal and will concede - despite the fact that the school have not been putting the first 13.5 hrs/6K in and have not applied for top-up funding (maximum another 6K for severe additional needs pre-statutory). A child can be assessed and given a statement regardless of the number of hours/funding required.

Even if it did end up at hearing, I would only be trying to show the panel that he needed to be assessed not that he had particular SALT or OT needs that needed particular provision.

The reason why indi reports are important when assessment is granted and parts 2, 3 or 4 are being appealed is because the LA will not request OT or SALT unless DC are a current patient. All LA EPs that I have experience of (4) have been pure evil determined to minimise and deny severity of need. When you get to tribunal you need to have unbiased reports that have the well-being of the child at heart.

[pannetone]

Thanks for replies. What is the 'bottom' line if tribunal does not order LA to assess? When can I put in another request?

I am tempted to go with Keep's position and take it that LA will concede and agree to assess once I put my appeal in then I will 'only' need indie reports for challenging a note in lieu or a draft statement. The Indie EP and SALT both have tribunal experience and are used to dealing with my LA.

Keep - how much weight do you think that think the factthatDD isn't currently in school because of severe anxiety will have on the LA conceding and ageeing to assess? DD has made academic progress but it has come to a an abrupt halt - at lesst in terms of NC levels.

[claw2]

Indi EP I had, wrote his report in 12 days, so once you have tribunal date (it could be 3-6 months away). Your indi experts might be able to assess and turn over a report in a short place of time, its what they are used to doing. You can ask Tribunal for another date if need be.

Or when you appeal they ask for dates to avoid.

The reason I got indi EP input, wasn't to assess ds, it was because ds was out of school. I needed a plan for what was in ds's best interests at that point and how he was going to receive an education and maintain an education. EP stated home tuition, not in ds's best interest to return to his school and the reasons why and that ds needed a statement and needed specialist support to return to school and a x, y, z in the plan. He also stated that SALT and OT assessment should be done as part of the SA process.

[claw2]

space not place!

[KOKOagainandagain]

By the time DS1 was out of school the assessment was well under way and the proposed was due.

Claw's DS was already out of school.

I would be concerned that the process from application to a decent statement is too long for a child to be out of school and pressure will be applied to return to school before tribunal to appeal final statement. If you think you need Indi provision I would get an Indi EP report now that suggests different placement now. You may be able to use this to argue there is not forced reintegration into an unsuitable school prior to tribunal decision. This will be of importance later.