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"Manchester Judgement" and Refusal to Assess

(5 Posts)
LAsDontCare Wed 08-Jul-15 10:17:38

A friend who is active on mumsnet SN boards pointed me here.

I understand that some parents on here had success citing the Manchester Judgement for Refusal to Assess appeals. I have searched but cannot find any useful further discussion on the Manchester Judgement - I think SN threads are deleted after 90 days. I already have a copy of the judgement itself.

IPSEA's legal team have told me "the 'Manchester' case to which you have referred is actually a case about a failure to issue a statement (NOT a refusal to assess)".

I would be grateful for any advice from any parents who used it in Refusal to Assess appeals, whether successful or not.

Many thanks.

Ineedmorepatience Wed 08-Jul-15 10:52:00

I didnt use it for a refusal to assess, I used it for failing to issue a statement.

I can't remember what others have used it for but a few people have used it so hopefully someone else will come along.

Good luck anyway!!

Icimoi Wed 08-Jul-15 14:23:36

Just for general reference, the judgment is here.

It is indeed a case about failing to provide a statement. However, you could use it the reason given for refusal of assessment is that the child's needs could be met within the school's normal resources. The useful bit is the words :

"The question was not whether the necessary provision would come from one budget or another, but whether it would be provided at all without a statement, not for financial reasons but because of the failure to that time of the school or local authority, with the best will in the world, to understand what was needed and provide it. Resources are not available just because they exist if the council is unwilling to use them because, wrongly, it does not consider that they are needed. The benefit of a statement is not just that money will be available for the provision, but also that its precise terms can be the subject of an appeal procedure, and where there is disagreement between the parents and the local authority as to what is needed, and as to the source of funding, that can be resolved on appeal."

Therefore you argue that (1) they can't know whether the child's needs can be met from normal resources till they've assessed them and (2) it doesn't help your child that resources are available if in fact the LA won't use them or wrongly believes that they aren't needed.

LAsDontCare Wed 08-Jul-15 22:12:37

Thank you patience and Icimoi for your replies.
I have sent that particular paragraph from the Manchester judgement on to IPSEA and await their further comment.

Ineedmorepatience Wed 08-Jul-15 22:20:39

That is the paragraph we quoted in our refusa to issue a statement tribunal and the judge included it in her decision notice!

It is partly why we won on the day!

Good luck flowers

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