Refusal to Assess letter contains inaccuracies

[SpaceInvader321]

We've received Refusals to Assess for both of our children's EHCNAs.

The letter from the LA stated that, in DC2's case, they had not received any information from the school. This is untrue, as the school did submit information and the LA SEND team even emailed me a copy of it a week before the panel's review.

For DC1's EHCNA, they used the exact same wording, saying "There was no school information provided only previous information from the primary school". It is true that DC1's secondary school did not reply to the LA's request for information (the school's SENCo said she would do it but never did, and didn't respond when I chased her for the information). But DC1's primary school did not submit any information either (we submitted a letter from the primary school about some of the difficulties our child experienced there).

It all seemed so copy-pasted together, I wondered if the panel had even really looked at our kids' files.

Aside from following the normal appeal process, is there anything we should do? Is there any point in pointing out the inaccuracies noted above? And f so, to whom? The LA? It's not as if it will change their decision before it goes to appeal. Would mediation be at all useful in this case, or should we just get the mediation certificate and lodge an appeal asap?

I would raise the inaccuracies and appeal.

Appeal ASAP. Don’t bother with mediation, just get the certificate and submit to SENDIST. LAs use mediation as a delaying tactic, if they are going to concede they will do so regardless of whether you actively partake in mediation or just get the certificate and submit your appeal.

At the same time, email the LA about the LA having information from DC2’s school, direct them to the previous emails. I wouldn’t mention DC1’s, as the LA may mean the letter from them you submitted.