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LA have agreed to assess DS

(21 Posts)
Skylar123 Sat 15-Mar-14 11:27:08

I cannot believe it!!! Agreed to assess.wasnt expecting this, was fully prepared to refusal to assess appeal.
What now? They are deciding Nil or statment within 12 weeks. Do I need to get my private reports in. They have only given me till end of April to submit any additional info.
I'm so pleased but completely off track now hadn't prepared for them to say yes to SA

PolterGoose Sat 15-Mar-14 11:41:56

Message withdrawn at poster's request.

OneInEight Sat 15-Mar-14 11:42:43

Great news! Yes, now is the point where you send everything you have got in. They will also arrange for your son to be seen by the LA EP etc and get information from school.

Skylar123 Sat 15-Mar-14 11:48:11

Thank you!
I've sent everything I have with SA application.
Have Private EP booked in but not until May. This would have been Intime for refusal to assess appeal.
I'm going to take a deep breath and see what's what.
One less appeal to worry about anyway smile

Ineedmorepatience Sat 15-Mar-14 11:55:03

Yay!! Brilliant news grin

Personally I would try to move the indie EP if you can, you will get a clear picture of his abilities and functional skills.

The EP might have a cancellation or something.

Skylar123 Sat 15-Mar-14 11:59:27

Yes have emailed EP. He's the only one I want really so will be very disappointed if he can't help sooner.
Even he thought that knowing my LA assessment will be refused . Cannot believe it, they must have a plan!

ouryve Sat 15-Mar-14 12:18:13

Great news!

Maybe hold off with the Indie EP in case you end up having to appeal a NIL?

StarlightMcKingsThree Sat 15-Mar-14 12:24:43

Personally I would assume to be appealing either contents or NIL and delay the EP until then.

Skylar123 Sat 15-Mar-14 12:38:21

Yes star I don't doubt for second that will be the case. I'm not really clear how the process works yet. Is it better to wait for appeal down the line or get report(s) in sooner in the hope that they will agree to statment. Is it ok to get new evidence in once we get a NIL?

2boysnamedR Sat 15-Mar-14 13:52:49

Just get what evidence you have in now. For my appeal to NIL I just hope I have enough in already for them to back down. I don't know what new evidence I can come up with as the lea ep have only just seen my son

KeepOnKeepingOn1 Sat 15-Mar-14 13:55:39

Well done. smile

The first priority has to be the well-being of the child and I can't see how it is in their interests to be have assessments for the purpose of gathering evidence rather than identifying needs. Unfortunately things being what they are, you do often end up appealing parts 2, 3 and 4 and you will need (and therefore the LA will need) multiple assessments and reports. DS1 had about 10 leading up to tribunal.

Second, the time-barring means that assessments have to be novel and can't be used to assess progress.

Third, budget for tribunal-savy experts at appeal of NIL or contents and for them to appear as expert witnesses on the day of the hearing. I ended up paying about £5K for indi EP to assess DS1, to visit LA named school and to attend hearing. Talking to other mum's at DS1's indi ss this amount is not unusual.

If you decide to get reports in early, (I had private reports during SA and again prior to tribunal) to show yourself to have been upfront and keen to share all information (rather than deploy evidence to best legal effect) you should make sure that the reports won't be out of date by the time of the hearing and I would delay indi EP at this stage as you will need them later down the line.

You will likely find that the LA will want their EP report to be the most up to date but they run the risk that the parents will call in indi EP in the meantime and therefore they won't be able to conduct the assessments they want to. tbh it is the narrative and the recommended provision that is key and so the LA will want their own EP to assess as late as possible to submit EP advice at final evidence deadline.

KeepOnKeepingOn1 Sat 15-Mar-14 14:01:16

So what I am saying is that you want ideally to submit indi EP report at final evidence deadline of appeal to parts 2, 3, 4. The report has to be about the child now and not how they were 9 months ago iykwim otherwise the LA will argue that things are different now because the child has progressed so much.

AttilaTheMeerkat Sat 15-Mar-14 17:10:28

Do not accept a NIL under any circumstances; Toilet paper is more useful than a note in lieu!. Your son certainly needs a statement in order to get his needs met.

When the statement does arrive look at Parts 2 and 3 with great care; ask on here and also talk to IPSEA before agreeing to anything. I sincerely hope the LEA do not bodge or fudge parts 2 and 3 but they could well do so and therefore you need to be prepared for that eventuality as well.

MariaNotChristmas Sat 15-Mar-14 17:11:34

KeepOn needs to write a book grin

trulymadlydeeplyunlikeable Sat 15-Mar-14 17:23:37

Well done! Great news. Enjoy the success and give yourself some time off for the weekend, you can start preparing for the next bit on Monday, but for now wine and cake. We just got a NIL and there's some good advice on here, so thank you.

sunshine175 Sat 15-Mar-14 17:39:12

Congratulations - enjoy getting over the first hurdle just for a moment wine thanks. What a process!!!!

StarlightMcKingsThree Sat 15-Mar-14 18:11:21

Each chapter must begin with a famous carrot quote:

1. "The man in the moon drinks claret, But he is a dull Jack-a-dandy; Would he know a sheep's head from a Carrot He should learn to drink cider and brandy." Song of Mad Tom in Midsummer Night's Dream.

2. Pliny the Elder, a Roman Historian and scientist said:"There is one kind of wild pastinaca which grows spontaneously; by the Greeks it is known as staphylinos. Another kind is grown either from the root transplanted or else from seed, the ground being dug to a very considerable depth for the purpose. It begins to be fit for eating at the end of the year, but it is still better at the end of two; even then, however, it preserves its strong pungent flavour, which it is found impossible to get rid of." - It was the Carrot.

3. Irish Proverb "Never bolt your door with a boiled carrot."

4. An old Polish saying " If your husband is old and weak you must have him to drink the juice from two big carrots and one firm celery."

5. John Stolarczyk (1950-?) "Remember a carrot is for life not just for Christmas"; "Gardeners never die then simply throw in the trowel"; "They are not all locked up yet".

KeepOnKeepingOn1 Sat 15-Mar-14 18:38:38

Star - I think you should be co-author grin

You have the knowledge of all things carrot related (importantly 'cultural references) of the true obsessive academic grin

Skylar123 Sat 15-Mar-14 19:16:56

Thanks for all the great advice as always. I would never have even applied for SA if it wasn't for you guys.
I'm still confused though sad so I wait to see what LA decide Nil or rubbish statement. It is at the appeal of one of those that I need to submit EP report and hopefully have EP as expert witness.
Ds has further academic tests at school in the next few months by spld assessment and an nhs OT appointment in April.
Indi EP is booked in for may . LA say decision to nil or proposed statement within 12 weeks
I need to have a think about what I can put together from what we already have that hasn't already been sent in.

StarlightMcKingsThree Sun 16-Mar-14 21:47:27

Yes. I would wait and see what the LA produce, and then challenge it (unless by some miracle you feel it will meet your child's needs).

You need the EP booked a couple of months before your hearing date to make best use of your resources for tribunal.

Of course there are other reasons for getting an EP in earlier, but to be a good witness for tribunal it would be best to be a couple of months before date.

StarlightMcKingsThree Sun 16-Mar-14 21:49:10

I dunno if I could co-author a book tbh. I wouldn't know where to start.

I have thought before now of publishing my communication with my ex LA though. That reads as a sci-fi fantasy.

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