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Nil after assessment - what are the legal time frames?

(10 Posts)
2boysnamedR Wed 19-Mar-14 22:39:33

So two weeks ago I got the fission that ds will get a nil. I told my lovely lea I look forward to the appeal. Since then they have told my I can't appeal until I get the nil. Now I wonder if they are drawing it out to delay my appeal.

So - is there a deadline by which my lea has to issue this nil? Or can they take months? Hence me not being to appeal?


bjkmummy Thu 20-Mar-14 06:57:04

ill get my code of practice and look it up for you later - NIL are rarely given out where I live so its not something instantly know about - but I know the code mentions them being written similar to a statement although they don't have the same legal position as a statement so I wonder if the process is along similar timelines but just ran it through my head and thought - no that wont work - I would think that there would be some legal timeframe but im guessing they are going to delay it as they probably know you will appeal. its just such a farce isn't it? and what a play on your emotions - no , yes, then no again whilst the child sits there in the middle of it not getting the support they need. you may need to phone ipsea or book a call from them to see exactly where you stand legally

Nennypops Thu 20-Mar-14 07:06:10

You're not appealing against the NIL, you're appealing against the decision not to issue a statement. At the end of the 10 week assessment period they should have sent you a formal letter saying that and giving you notice of your right to appeal. If they haven't sent you a formal decision letter, push them for it.

2boysnamedR Thu 20-Mar-14 09:21:12

Thanks, that ten weeks must be up and I have had no formal letter. Only email replays where I have chased. I need to phone ipsea and sendist.

Anyone have sendists number?

2boysnamedR Thu 20-Mar-14 09:22:39

I emailed the lea last night asking what the legal time frame was. I guess they think I will go away. But like herpes, I'm not going anywhere lol!

MariaNotChristmas Thu 20-Mar-14 17:44:25

Is your appeal written and ready to post?

There's no legal obligation to issue any NIL.
My guess is they're not going to bother sending it until you appeal
and it'll be neatly phrased to try & negate all your arguments

MariaNotChristmas Thu 20-Mar-14 17:50:54

First tier tribunal: SEN appeals guidance

Tel no on cover

2boysnamedR Thu 20-Mar-14 21:29:38

Thanks. I will phone them tomorrow to see if I can post my appeal now

Nennypops Thu 20-Mar-14 21:56:47

You can't send your appeal until you get the formal decision letter. If you look at the blurb at the beginning of the form, it says you need to send "A copy of the letter from the Local Authority telling you their decision and of your right to appeal", and in the form itself you have to tell them the date you received the LA's decision letter.

2boysnamedR Thu 20-Mar-14 22:01:16

Thanks I will have to phone the lea up and ask for my formal decision letter then - boo!

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