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quick question re refusal to assess appeal paperwork(8 Posts)
Hi - would really appreciate if anyone has a sec to help - I'm just about finished doing my child's appeal for refusal to assess and it's taking an age because the form doesn't seem to save - I'm having to print, scan and attach everything to emails. My deadline is Sunday but I wanted to get it in today as the last working day before the deadline. Does anyone know - will it still be OK on Sunday? And is there an easier way to fill in and attach the electronic form? Many thanks.
Yes, Sunday is OK. If the deadline runs out at the weekend, then it goes into the next working day.
Have you got a mediation certificate?
I'd love to know the answer re the form, I couldn't work that one out either!
What happens if they say they are not going to asses? An appeal I guess? We are at week 4 of waiting for a decision to assess or not.
I am thinking there is a fair chance they may say no even though we have a good case - so what do I need to prepare? Might start doing it just in case ….and stay ahead of the game...
Thanks for your replies Isatis and Kisshte Teapot - just seen them! I got everything in I think but just thought - I didn't include our original parent appendix - should I have? ? I did have a mediation cert, yes, thanks Isatis - interesting to know it's not only me who had that issue with the form! How do you find out info about deadlines etc? I couldn't find it anywhere. Wish things could be a bit easier! Kiss - definitely appeal if they refuse to assess - many LAs seem to turn almost everyone down in the hope people drop out. But Tribunal will look properly at the evidence and go by the law. You have 2 months from the date on the refusal letter, or a month from the date of the mediation cert to get the appeal in
What did you have to say in the appeal?
With ours there is abundant evidence from professionals of SEN.
What may be more difficult to argue is the 'he needs EHCP' bit. I suspect LA will say school should be able to manage needs with their 6k and top up funds from LA. They have accessed this for the last year. He hasn't made progress but I don't know how school will do more than they are already doing in the time they have (even if they have more money). Unless he stops doing the stuff he enjoys like topic work - art/history etc.
He urgently needs to learn to read/write but I just don't know how they can tackle he is so far behind. I don't think he will be able to sit exams at 16. He's 9 and can barely string a written sentence together, even copying it.
I am arranging meeting with school for the week after decision date to discuss how they want to rebut the LA (via us) if LA decline to assess.
Vasillisa the main questions on the appeal from are - might the child have SEN, and might they need an EHCP. So we answered those as fully as we could, putting in his diagnoses and all reports, school info etc showing how much support he's had and that he's still not closing the gap between him and his peers, instead it's widening. Have you looked at IPSEA's refusal to assess pack on their website? If school are doing all they can and he's still not making progress that would seem to say he needs more than they can offer. Our LA said in their refusal letter that we could reapply in the future if we get more evidence - so we answered that by saying we have 4 year's worth of evidence and it's not reasonable for him to have to fail more to show he needs an assessment.
Vasillisa, the threshold for being eligible for an assessment is very, very low. You don't have to show that they need/will get an EHCP, or anything about funding. I honestly don't think you can lose an appeal to assess as the bar is so low.
Our initial request was denied because our Local Authority are idiots. They caved before appeal as they knew they would lose. But it wastes time for a bit and saves them some money so why not refuse? Nearly all tribunal cases for refusal to assess are successful.
Mmm. I see what you mean. Suspect they will try this tactic to delay as we are approaching summer hols and can kick into long grass.
How long does appeal process take? Decision due last week June.
Worried now, as we are due to go on hol in July/Aug for a couple of weeks...eek. May have to get someone to check post.