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Deadlines after sa for a formal decision / issue nil?

(20 Posts)
2boysnamedR Tue 25-Mar-14 15:27:05

The process started on the 16th jan. two weeks ago we was told we would get a nil but now the lea refuse to return my calls and emails about when I will get it so I can appeal. I phoned sendist but they didn't know what the legal time frame was either.

I just wish my house would explode and me and the kids diein the explosion some days. So f ing fed up with this life

ouryve Tue 25-Mar-14 15:48:00

If your LA are good at one thing, it's obfuscation sad

Are you able to take a few days' break from kicking them up the arse, trying to get a response. It sounds like you need to take a few days for a re-boot for yourself. brewflowerscake

2boysnamedR Tue 25-Mar-14 15:58:38

I have been chasing them for two weeks so I don't have much choice but do nothing now. I just wish I knew when they had to reply to me. I get the feeling they will never reply so I can't appeal

AgnesDiPesto Tue 25-Mar-14 16:24:55

They are supposed to complete the whole statutory assessment within 26 weeks, are they over that? If so put in a formal complaint via council website. Then if still a delay you can go to Local Govt Ombudsman.

2boysnamedR Tue 25-Mar-14 16:28:26

26 weeks? That's poo! He will be in year two almost by then'! It will have all changed to ehcps by the time they issue the nil:0(

AgnesDiPesto Tue 25-Mar-14 17:20:44

actually thats 26 weeks from the date they got your letter requesting an assessment until a final statement. if they have decided not to issue a statement I think that should be 16 weeks. see here

AgnesDiPesto Tue 25-Mar-14 17:22:06

or 18 weeks if it takes them 2 weeks to write the nil. sorry i'm not helping am i? confusing myself now.

2boysnamedR Tue 25-Mar-14 17:25:23

Thanks - that would be better news for me! I will dig out the paper work tonight. I'm just so angry again this week. It really hits me in waves of anger, sadness then back to it be normality. This week I mostly want to kick people's teeth in and top myself ( depending on the mood of the second).

JJXM Tue 25-Mar-14 17:32:40

I think I'd prefer you to go for the kicking teeth option - remember they want you to feel like giving up - it means they won't have to fund your son.

What date did they agree to the SA? They have 10 weeks from then to gather the reports. They then have 2 weeks to either issue a statement or a NIL. If they haven't done this then I would call IPSEA and ask for their advice. I think you only need the refusal letter in order to appeal. Don't email or call - send them a letter both recorded delivery and with proof of postage.

If you want to do something so you are feeling you are taking action, then you could send a Data Protection Request asking for all information held on your DS including medical reports, ed psych report and school report which were collated as part of the SA. It might give them a kick up the behind? They do have 40 days to do it - but they won't be able to ignore this the way they are ignoring your emails.

bjkmummy Tue 25-Mar-14 17:40:44

the problem is that they are delaying issuing the NIL giving her the right ot appeal so she is stuck until she gets it - depending on the time thats passed you could write them a snotty letter reminding them of the time limits and if they continue to refuse to issue the NIL so preventing your right to appeal then you may feel the need to start judical review proceedings or you could even go and see you MP and get him to write a snotty letter

KeepOnKeepingOn1 Tue 25-Mar-14 18:20:45

Try this timeline calculator
www.plymouthparentpartnership.org.uk/index.php?p=23_9

2boysnamedR Tue 25-Mar-14 18:49:20

Thanks. It will be the 10th of April when 12 week has passed from the start of statutory assessment. I will dig out there timeline guidance tonight and make sure I have the deadline set right in my mind then remind the lea that I expect them to honour it or I'm righting to mp and looking into judicial review.

I put in the dp request the day I found out about the nil.

Ds is six and school said he has colours on his IEP. What does that say about his functioning level? Year one and he doesn't know the difference between red and black Ffs. I could seriously wring some ones neck in my lea. Lets pray there is such a thing as karma and they all get a bout of noro virus over Christmas and new year ;0)

2boysnamedR Tue 25-Mar-14 19:19:28

Just sent parent partnership a email saying that the lea will not return my calls or emails and cc'd the school senco and his case worker.

I would worry that I have started a shit storm but I started drowning in the stuff the day he started school

bjkmummy Tue 25-Mar-14 19:23:19

i would copy in your county councillor as well as the LA staff are answerable to them - i did that recently when my LA were stalling over the decision to assess - got the response within 24 hours and my right to appeal

2boysnamedR Tue 25-Mar-14 19:31:45

Lets see what happens tomorrow. My mp is rather famous and has already been onto the lea more than once on my behalf.

I went to a special needs support group last week and the other people there was floored by the way I have been treated. Yet it never gets any better. I am totally sick to my teeth with these morons. I bet I get a stupid reply like the case officer has been off sick. Yet in the corporate world I have to get my work covered. In the lea world it's a bonus reason to be even more incompatant and screw over vulnerable kids.

I really feel that my lea treat sen parents with vile contempt. I am bug to be exterminated. Well this cockroach will be still standing even after its nuked.

£&@"***!!!!

Nennypops Tue 25-Mar-14 19:54:14

You don't necessarily need the NIL, what you need is a letter that says they have decided not to issue a statement and giving you notice of your right of appeal. Have you had that? If not, point out that the Regulations say that they must send you their decision with two weeks of completing their assessment, and if you don't get it you will be instructing a solicitor with a view to issuing judicial review proceedings.

2boysnamedR Tue 25-Mar-14 21:56:24

I phoned sendist and unfortunately they need the refusal letter and the nil

Nennypops Tue 25-Mar-14 23:41:10

They really don't need the NIL, 2boys. Have a look at the appeal form on the SENDIST website - http://www.justice.gov.uk/forms/hmcts/send - it says IF the LA has issued a NIL, then you need to send it. It follows that, if they haven't issued it, but you have a decision letter notifying you of your right of appeal, you don't have to file an NIL.

2boysnamedR Wed 26-Mar-14 07:51:16

Ok thanks nenny. There's no harm in me sending off their decision email (its been two weeks today since they made the decision and I've had no formal letter) if sendist need more then I can just try again

bjkmummy Wed 26-Mar-14 12:33:40

When the appeal gets to the tribunal the judge may issue a direction for the LA to issue the nil ASAP so I would lodge it and see what comes back from the tribunal

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