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RefuSal to assess - school now going to call in EP

(41 Posts)
bjkmummy Mon 24-Mar-14 19:29:41

After refusing point blank to get her to see an EP a year ago as she's. OT more than 6 years behind, us applying for a statement, being refused and 6 weeks to tribunal with teacher being called as a witness, and stating a few weeks ago they would never ever call the EP in, class teacher /Senco tells me today that after speaking to the sen governors they have agreed to fund an EP to come into see her as I have so far had to pay for an EP assessment, dyslexia teacher and OT report - complete turnaround. Teacher made it clear assessment nothing to do with statementing? I'm confused as how will she know what the EP will say? My school in different area to my LA so I don't know who the EP is - should I be concerned? Given with the school Easter holidays the school if in cahoots with la have just 4 weeks to organise and get the EP in.

My indie salt report came in today -it's poor and she's on 2nd centile for working memory so that's every report now and expressive language she's 1% plus scores low in other areas as well. Now waiting for the OT report to come in

KeepOnKeepingOn1 Mon 24-Mar-14 19:55:28

Sounds fishy to me.

There are still 2 weeks to final evidence deadline? You would be surprised how fast they can act when they want to. In any case, if the assessment is already booked and this is referred to at final evidence deadline, there is more of a chance of the report being accepted as late evidence.

I think you need to know exactly who the EP is. Even if not your home LA but neighbouring LA EP, they will do the same job of minimising and the report will be filed for tribunal to counteract your earlier indi EP report.

They are not doing you a favour by funding EP assessment now as you are not now requesting just EP assessment but full statutory assessment and are appealing refusal. And they don't even request BOG consent for such low expenditure (they probably have a deal anyway) and it's certainly not up to the SEN governor to interfere with the teaching staff calling in external experts when they see fit. Bollox to get you to consent. They did ask for your consent, didn't they?

Child should not be over-assessed. You await the tribunal ruling as EP assessment forms part of statutory assessment. Late submission places you at a distinct disadvantage - see the advice given to me grin

bjkmummy Mon 24-Mar-14 20:08:55

So what do I do? Teacher made it clear that they only call EP in if it's for a statement but doing me a favour now by agreeing to fund it. Would I be within my rights to say thanks, i really appreciate it. It in light of how many assessment DD is having including an EP assessment already within the last 6 months can we have the EP assessment post tribunal?

RaRaTheNoisyLion Mon 24-Mar-14 20:17:48

Tell them to stop this nonsense at once and wait for the outcome of the tribunal-ordered assessment as anything else would be a waste of tax-payers money and undermine the process. Reassure them that the EP will be in shortly and it will be free to them.


bjkmummy Mon 24-Mar-14 20:19:10

Okay ! She saw My EP in nov so i can't get an independent EP in to see her until may hence why I haven't got a further report. I have a report by her dyslexia teacher when she's done standardised testing in the last 2 weeks, shes been assessed by OT and salt in the last few weeks plus she has 2 x hospital appointments coming up in the next 2 weeks

I think I can say to the school thank you but in light of all of the assessments she is currently having and that the school are saying that calling the EP is nothing to do with the tribunal but for the schools own use to provide support for her and that as we have already paid for so much that it won't harm my daughter to wait until after the tribunal now for the EP to come in and see her plus it will then be last the 6 month limit so the LA EP could do full standardised testing again with her.

RaRaTheNoisyLion Mon 24-Mar-14 20:20:53

You have a name in your last post btw.

Honestly, thank them but refuse EP now. And do it in writing and copy in the BOG thanking them too (as if they were even asked - ha hmm). If they want to fund an EP offer to send them an invoice for yours.

bjkmummy Mon 24-Mar-14 20:21:10

Rara that's exactly what I'm thinking - I guess I can say no because they are not formally asking to assess her for the tribunal hearing. I will do a letter tonight and send it in. If school really are trying to help then a 6 week wait will be no problem for them at all. I don't trust her teacher, I have evidence to show she ain't trustworthy

RaRaTheNoisyLion Mon 24-Mar-14 20:22:20

Just say you are expecting an EP shortly as part of the statutory assessment and you don't want to confuse things with too many EPs


Do you live in Jokesville?

Ineedmorepatience Mon 24-Mar-14 20:23:17

I wish I had stopped Dd3 being assessed by the LA EP, she produced her consultation record after the final evidence date but I am pretty sure the LA will try to get it submitted or just turn up with it at tribunal!!

It is lame, doesnt say much about Dd3 other than how nice she is confused but I am sure the LA will find a way to use it against us!

bjkmummy Mon 24-Mar-14 20:24:58

Rara - Sat here thinking what does BOG mean then realised what it means - doh! If it is a genuine offer of help then waiting won't hurt will it!

bjkmummy Mon 24-Mar-14 20:26:35

And like you say if I win tribunal then the home la will assess at no cost to school and if I lose then I will take their assessment and run! I will do the letter saying thanks but no thanks and see what happens next and if they put on more pressure to get me to agree

RaRaTheNoisyLion Mon 24-Mar-14 20:29:37

Waiting is fine. Honestly for the first time in all of this, waiting has a deadline and isn't on-going. You could even suggest that you are expecting to win the tribunal based on the evidence and so would rather they reserved their resources for actual provision.

In the unlikely event that the tribunal panel find you short of evidence then you thank them very kindly for their offer and will take it up shortly after the Decision.

KeepOnKeepingOn1 Mon 24-Mar-14 20:47:09

You don't need to hurry to get back to them. Use some delaying tactics. Request further information, in writing. If they have not done so already, the request for consent should be written. Then you need some time to consider this and to take advice. Given that there is a tribunal coming up and you are representing yourself you don't feel confident to consent without advice. Then it will take some time to get through to helplines, and then you need to consider it some more and then it will be the Easter holidays. Don't make a decision in a rush - ie before the final evidence deadline. If you consent in time the LA will say that there is recent EP evidence to be submitted. If you refuse the LA will say that you are unreasonably not allowing the school to find out the nature and extent of her problems and how these can be helped.

bjkmummy Mon 24-Mar-14 20:52:13

my concern keep was that i was so shell shocked that i guess i kind of agreed although i didnt say oh yes please - i tried to sit on the fence. the school have not said that this EP report is for the tribunal - they are doing it as a favour to me as ive spent so much money already on reports. ive just quickly drafted a letter and said that it would be in her best interests to wait now until after may as she has had so many recent assessment - has 2 hospital appointments coming up - i could ask for them to give me the referral form i guess to consider - my concern is that the EP is just going to turn up one day. i wouldnt put it past the school that they are in cahoots with my LA at all

bjkmummy Mon 24-Mar-14 20:53:52

also school have made it clear this is nothing to do with the forthcoming tribunal so to say to wait is okay??? it would only be 6 weeks with 2 weeks for easter anyway. i suppose it could get sticky if the LA are behind it and then i guess they will have to come clean

RaRaTheNoisyLion Mon 24-Mar-14 20:58:43

I imagine your LA has told them that they will have to fund the first x amount and now they are cooperating with them to avoid that.

bjkmummy Mon 24-Mar-14 21:14:34

you could be right rara as this was mentioned at the last meeting and the senco nearly choked when the sen officer said it to her and the senco said it was news to her that she was expected to fund the first 6K

KeepOnKeepingOn1 Mon 24-Mar-14 21:29:00

The school are lying. This has got everything to do with tribunal. This is a good indication that they do not have sufficient evidence to have a strong case at tribunal and are trying - Stasi-style - to gather evidence before the hearing. The school/LA are doing this to make your case weaker and to try and make their case stronger. They are not doing you a favour. You have to pretend to be grateful whilst blocking them.

Don't worry what was said at the time. DH was in a similar state of shock when head announced a date the LA wanted to send in the EP to gather pre-hearing evidence and more or less agreed. They tend to ambush you unexpected and then ask is the date convenient rather than asking for consent. Just email and say that before you can consider consent you need to know x, y and z. The EP is ethically bound to seek written parental consent.

RaRaTheNoisyLion Mon 24-Mar-14 21:31:53

Keep is right.

You know what I learned?

The closer to tribunal, the more accurate your paranoia!

bjkmummy Mon 24-Mar-14 21:33:33

re drafted my email to play the dumb card and play their game - said if its okay can she be seen post tribunal due to all the assessments she has recently had plus if we were to win then an EP would come anyway. ive asked them to send me the referral form for me to consider - so ive done grateful but have not consented - will see what they come back with. i mentioned its only 6 weeks to wait and with the easter holidays in the middle as well its fine to wait. no date was mentioned at all at this stage

bjkmummy Mon 24-Mar-14 21:34:53

will stake out the sen governor as well at school tomorrow and remember to 'thank' her

RaRaTheNoisyLion Mon 24-Mar-14 21:35:49

Give her a thank you card, written in gold pen!

bjkmummy Mon 24-Mar-14 21:40:33

if this is a genuine offer then school will happily wait - if its not then they will have to show their hand

RaRaTheNoisyLion Mon 24-Mar-14 21:43:27

You think there is an if?

Just look at the past. You're dealing with very strange people, with very strange ideas and tactics, which are extreme even compared to some of our experiences on here which until we read about all your shenanigans were extreme.

There is no if.

RaRaTheNoisyLion Mon 24-Mar-14 21:43:56

Sorry. I've probably had too much wine..........

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