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LA decide not to oppose appeal for refusual to assess

(25 Posts)
KeepOnKeepingOn1 Wed 19-Mar-14 11:59:49

Reason given to tribunal is that naughty parents have refused to allow EP visit. I think a little corrective email is required as I had not got around to refusing yet as the LA had not replied to my request to know their reasons for wanting to assess at this point.

But anyway - ha - in your face - you have been owned!!

wine on me

They will be gunning for me later in the stage, but the first skirmish has been won by me and I can have a breather get back to writing up my PhD before getting ready for the next battle.

As ever, thanks to all.

PolterGoose Wed 19-Mar-14 12:01:44

Message withdrawn at poster's request.

bjkmummy Wed 19-Mar-14 12:03:04

well done keep!!!!! im so pleased for you wine wine wine

I don't think mine are going to ever back down so im probably going to end up going all the way but I love it when other people get their La backing down - still gives me some hope!

ouryve Wed 19-Mar-14 12:04:55

I guessed this was coming. Well done cakewine

ouryve Wed 19-Mar-14 12:06:58

bjk, we should run a sweepstake on the outcome of yours.

Tambaboy Wed 19-Mar-14 12:08:00

Well done!

KeepOnKeepingOn1 Wed 19-Mar-14 12:49:54

Thank you. If I didn't have you lot and had not done this with DS1, I would blindly agree to things (shoot myself in the foot) because I think that I have to and because I used to think that the LA/school had the best interests of DS2 at heart.

I would never have imagined that the LA would use underhand tactics and that the more nasty they were, the weaker their case. I couldn't understand the passivity that suddenly becomes manic activity around tribunal deadlines. Good job they are crap - forgetting to get consent in time is a joke.

BJK - your indi reports highlight complexity and that is what you need. Don't forget an LA EP told me that DS1 probably wasn't dyslexic 'because he could read and write' and so the expected 'severity' is almost unachievable.

NoRunAround Wed 19-Mar-14 13:08:49

Fab!

bjkmummy Wed 19-Mar-14 13:14:39

thanks keep - in the last few days we have picked up a language difficulty, hypermobility and some other bits and bobs - just need the reports to get a full picture. the dyslexia teacher report is good - I took your advice and got her to check the levels etc and they were dire and what she has wrote is pretty damning as well.

ive got everything crossed for you now that the next stage goes well and there are no further battles ahead for you and you get the statement that is needed.

TOWIESpringHasSprung Wed 19-Mar-14 13:16:56

Wow! Well done! I honestly thought they were going to Tribunal.

I love the thought of a "corrective email"! Can we all help write it? wink

wasuup3000 Wed 19-Mar-14 13:19:06

Brilliant news smile

NoHaudinMaWheest Wed 19-Mar-14 14:34:38

Well done.

Just beginning this process for dd. Every success gives me hope.

KeepOnKeepingOn1 Wed 19-Mar-14 14:40:23

I am pleased but pissed off. The LA clearly did not have sufficient evidence to defend refusal to assess and so never should have refused in the first place. It is just a delaying tactic. grin but angry

Ineedmorepatience Wed 19-Mar-14 15:37:20

Brilliant news keep, really need them to do the same for Dd3 too.

wasuup3000 Wed 19-Mar-14 16:12:02

I got my bundle for refusal to assess tribunal - The LEA have not put any evidence in against it other than the last IEP and the attendence record and timeline as requested as standard by the tribunal. They are not allowed to concede any later than this coming Friday by 5pm.

pannetone Wed 19-Mar-14 17:03:52

Good news Keep - but why did you NOT allowing the EP to visit (or rather the LA thinking you had refused) mean that the LA conceded? Had the LA realised that they couldn't get away with the EP assessing your DS, having said he didn't need a statutory assessment? I am a novice in these matters and I haven't yet understood the levels of LA underhand tactics and deviousness!

My appeal against refusal to assess has gone 'quiet'. My hearing date was set before I could get either of my independent reports into the tribunal, so I am asking the LA to agree to a later hearing date - whilst hoping that they will see that I 'mean business' in getting the reports and thus concede now. (Naive hope maybe)

I really don't see how the LA can get away with not doing SA. DD has already been said by the LA to have complex needs. Now she is out of school because of her high levels of anxiety - so no 'adequate progress' argument is going to hold weight.

trulymadlydeeplyunlikeable Wed 19-Mar-14 17:38:43

Well done! Great to hear something positive. Just received a NiL which we are appealing, buys them more time I guess.

2boysnamedR Wed 19-Mar-14 22:33:51

Well done! Enjoy the breathing space. I still don't have my NIL and tbh I'm grateful to be at a stage where I can do nothing for a few weeks.

lougle Wed 19-Mar-14 23:02:00

Oh well done!

2boysnamedR Wed 19-Mar-14 23:14:13

Truly - I'm in the same position as you then. I think it's just delaying tactics as the lea phoned me up when I told them I would appeal. Now they tell me I can't appeal til I get the nil - which they haven't written yet.

claw2 Wed 19-Mar-14 23:36:27

Great news Keep x

trulymadlydeeplyunlikeable Thu 20-Mar-14 22:07:58

Yes, 2boys, it seems we are. wine ? Is there a time limit by which they have to issue the Nil? I'm not sure how much to send in with the appeal form, as there's so much paperwork to copy. Had a fruitless and frustrating meeting with La so still appealing.

RaRaTheNoisyLion Fri 21-Mar-14 16:42:48

Oh FFS, - I mean er, - hooray!

<getting more pissed off by the minute>

Let me get this straight. They have backed down on their refusal to assess because you would not let them assess?

RaRaTheNoisyLion Fri 21-Mar-14 16:44:06

Yours might not back down bjk, more like fall in a ditch Benny Hill style.

bjkmummy Fri 21-Mar-14 16:51:02

Hope so rara, today has not been a good day for my daughter. Also got school file and school have deliberately changed records so yet again I have the version they submitted to the LA (slagging me off and also saying everything fine at parents evening and dh happy) and the true version with non of these added 'additions' my faith in the LA is pretty rubbish but my faith in the school is hitting rock bottom. Something awful happened to my daughter today and I'm so user I just don't know what to do - will do a thread about it later when I think straight

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