Wetaugust, Star, Debs, Agnes and all your other statement genuis's

[Claw3]

I was due to receive panel's decision on 25th August and have now been told timescale is 5th October. Timescale has been broken for EP assessment and report which they are saying they could not do due to school closure (Lougle has already told me that they cannot do this and given me the relevant SEN COP) I will be writing to them but my questions are:-

Is a 'panel' qualified to make educational provision for a statement, without an EP assessment/report?

If EP report is not available, who and how would decide what provision is needed?

For example if all reports submitted by me recommended a high level of support, but are vague and not specific about what support is needed.

You'll be fine

Cheers Wet, thanks so much for all your help.

Without you and the others on here, i wouldnt know the first thing about this process and my rights and ds wouldnt be getting the help he deserves.

You are all brilliant and i am forever grateful

Oh and letter is printed, i will hand deliver it today, so it will be waiting for her when she returns tomorrow.

Could i please ask for your advice again.

I have had a response to my letter. LA are saying 5th October stands and is the correct timescale. Letter says (shortened version)

SA was started on 2nd June. All info by 14th July (the six week deadline). However there are exceptions to this time limit, which in this case would refer to late submission of the medical advice (received on 28th July)

The LA are required to give you a decision as to whether or not they will agree to make a statement by the 18th week (in ds's case this is the 5th October)

During this period it is up to myself as case officer to determine whether or not i am in full possession of rerports which will assisst in my preparing a draft statement to present to the SA panel - it is this body who will determine whether or not the LA should agreed to make a statement.

Having read through ds papers i noted that the previous borough EP (Ds changed school's from one borough to another, but our address remained in the same borough) had informed this borough that no EP had been undertaken and i therefore asked the EP in this borough to assess.

18 week deadline stands basically.

Here is letter, in case i have not included all relevant info.

In response to your enquiry i should like to inform you that the date Statutory Assessment was started for ds was 2nd June 2010. A letter was sent to you on this date informing you of such, and also stating that SA would take up to 6 months. You were advised that the return date for your input was 14th July (the six week deadline). This was the deadline for all advice to be received. However there are exceptions to this time limit in certain situations, which in his case would refer to the late submission of the medical advice (received on 28th July 2010).

Papers were passed to me as case officer for X primary school on 30th July, following receipt of the medical advice and a letter was to you informing you of this fact. As you were advised in letter of 2nd June, assessments are dealt with in strict rotation and the procedures are in accodance with the SA time scales. The LA are required to give you a decision as to whether or not they will agree to make a Statement of special education needs for ds by the 18 week (in ds's case this is the 5th October). During this period it is up to myself as case officer to determine whether or not i am in full possession of reports which will assist in my preparing of a draft statement to present to statutory assessment panel - it is this body who will determine whether or not the local authority should agree to make a statement.

Having read through ds's papers i noted that the previous borough Educational Psychologist, who had been asked to submit Advice, had informed this borough that no LA EP assessment had been undertaken. I therefore asked the head of this borough EP service to arrange for this to happen.

I would anticipate that i will be in a position to meet the 18 week deadline, and will inform you accordingly of the LA's decision regarding whether or not to make a statement of special ed needs for Ds. Should this be agreed, a proposed statement will be sent to you to agree the wording. Should this not be agreed a note in lieu will be issued.

Hi Claw

Long time, no speak!

Have you seen this web page:

www.teachernet.gov.uk/wholeschool/sen/faq/faqstatementtimescales/

It says:

Where a local education authority decides to assess a child for a statement, it must give the parents a proposed or draft statement within a further 12 weeks i.e. within 18 weeks of the parents first asking for an assessment. Once the parent is given a draft statement, the LA must consider any comments the parents may make about the statement, and must then give the parents a final statement within a further 8 weeks.

Where an LA fails to meet the time limits it may be because it asked the local health authority or social services for advice about the child, and did not receive a response for a long time. If the delay in such a case was for six weeks or more, the LA is 'excused' from having to meet the time limits. The Regulations also cite several other circumstances in which the LA does not need to comply with the time limits.

[Paragraphs 3 (2) and 5(3) and (4) of Schedule 27 of the 1996 Act; regulations 12 and 17 of the SEN Regulations; the summary table on page 120 of the Code of Practice]

I haven't checked out any of the exceptions referred to but it my be worth doing that or just quoting this back at them?

Reading your post again - is this woman counting 18 weeks from the decision to undertake a statutory assessment or is she arguing exceptions to the time limits?

She clearly has 12 not 18 weeks unless exceptions apply.

Hi Debs, yes i havent seen you around on the occasions i have popped in during the hols, how was your 6 weeks?

Im not sure what she is doing with this 18th week stuff! She appears to be saying that the 14th July was the 6 week deadline. They agreed to assess on the 2nd June (which she also states in the letter)

Then refers to the medical advice being received late on the 28th July, a delay of 14 days, not 6 weeks. Not sure why this would hold up the decision by 6 weeks.

Its about as clear as mud!

Maybe just cut and paste what this website says and state clearly to her that 12 weeks from 2nd June is the August date and ask her to specify the exceptions she's relying on if she doesn't feel this applies.

I will do Debs, thanks.

I have also just realised that the medical advice they are referring to is ds's DX report. They are stating that it wasnt received until the 28th June, i know it was received by them prior to then as i hand delivered it on the 20th June.

Now the plot thickens, i have just checked ds's dx report and it is dated 28th June, although it was emailed to me on the 20th June.

I have just emailed the ASD team to ask why it was dated 28th June, when i received on the 20th

It's probably a typo Claw. If you are using a dictaphone - 20th and 28th sound similar.

Claw

Politely but firmly decline any note in lieu; these are not worth the paper they are written on. Hold out for the Statement.

I have my June and July's in a muddle.

I assumed medical evidence is ds's dx report? (which is dated 28th June, not July) and was hand delivered to them on the 20th June, even though it is dated 28th June.

ARGH sorry ive done it again, time for a cup of coffee i think!

I will start again dx report and recommendations are dated 28th June, i hand delivered them on 20th July.

LA letter is stating they were not received by them until 28th July.

Thats better

Right i think i know what they are talking about.

I hand delivered dx report and recommendations on the 20th July, it was late as Dr refused to make an amendment that i had asked for, she listed no visual impairment, despite ds being under an eye specialist and having a dx of a visual impairment.

I then got eye specialist to write to the Dr who prepared the dx report stating that he does in fact have a dx of a visual impairment and hand delivered a copy of this to LA on the 26th July.

But i had already included eye specialist's dx in my parental contribution and it was included before the deadline.

So it appears they are adding on 6 weeks, because of this, can they do that?

Debs - "Where an LA fails to meet the time limits it may be because it asked the local health authority or social services for advice about the child, and did not receive a response for a long time. If the delay in such a case was for six weeks or more, the LA is 'excused' from having to meet the time limits"

Looks like they have been excused from the time limits.

They asked the DX team for advice, ds didnt receive his dx until the 23rd June and report wasnt received by them until the 20th July, 6 weeks and 5 days!

Can i argue that ASD team cannot be expected to provide info BEFORE they have completed assessments and the 6 weeks allowed for the health authority to comply should have started from the 23rd June, not the 2nd June?

Also is it standard for a member of the LA, the Educational Psychologist who works for them, to be part of the team who dxed ds and for her to be involved in the writing of the medical advice they requested?

I think that is what you want them to clarify - if they are relying on an exception and if so which one with reference to the regulations.

I would check the regulations quoted on that web page too and see what they say and how it fits your situation.

I'd be more concerned about this ststement than the fact the decision may be a couple of weeks overdue

"During this period it is up to myself as case officer to determine whether or not i am in full possession of reports which will assist in my preparing of a draft statement to present to statutory assessment panel - it is this body who will determine whether or not the local authority should agree to make a statement."

Oh no it's not! As we know it's the Education Officer and not the Panel that determines

Thanks Debs, i will ask them to clarify specifically what the exception is etc.

Wet, just to clairfy, case officer can seek advice from a panel, but case officer HAS to decide statement or note in lieu?

Time to quote at them?

Im beginning to feel very dubious about the LA EP being a core member of the ASD assessment team and then being part of making recommendations to the LA.

I asked for ds dx report to be amended to include his visual impairment, as dx report stated he had NO visual impairments. He has a dx of visual impairment from an eye specialist, which i already supplied the ASD team with.

They refused to include it in the dx report as they thought it would not interfere with his education

I had to get eye specialist to write to the ASD team spelling out again what was in her dx report "on the development eye movement test he was found to have type II oculomotor deficiencies which means his visual memory is good but that his ability to follow lines as for reading and writing was very inaccurate and this also made it very slow" wont interfere with his education says who!!

Claw

I'd say that a visual impairment such as you described coudl have an adverse effect on him and therefore should be included in the disabilities that may require additional support.

I take it they have now agreed to include it?

You need to sit back now and let the process run its course. Save you energy for what you may need to do once you receive their decision on Statement.

You LA does seem to be particularly obstructive and unhelpful.

Take a breather until October.

Best wishes

Wet, no they havent included it in dx report or recommendations. They refused to amend it.

It states vision - found to be satisfactory when tested in April 2009. Despite me telling them that it was ds's hearing that was tested in April, not his eyes. He has been under the care of eye specialist since he was 9 months old and has a dx and providing dx and letter from eye specialist.

I gave up in the end, as it was delaying the SA process and report was already a week overdue because of their refusal.

ASD team told me to include it in my parental contribution!

Anyhow will do as Debs suggested, to keep my paper trail in order and do as you suggest Wet, take a breather until October when i suspect the real battle with commence!

Thanks guys.

Thank you for your letter dated x.

If the Local Authority is relying on an exception for the delay, could you please clarify which one with reference to the relevant regulations?

You also state in your letter "During this period it is up to myself as case officer to determine whether or not I am in full possession of reports which will assist in my preparing of a draft statement to present to statutory assessment panel - it is this body who will determine whether or not the local authority should agree to make a statement."

It is my understanding based on the information below, that it is the Case Officer and not the Panel that determines whether or the not the local authority should agree to make a statement.

Ian Coates: Head of Special Educational Needs and Disability Division, Dept for Education. Dated 15 Nov 2005.

"Where a local Authority has established a panel to assist in deciding whether to assess, to make a Statement and/or in relation to provision, the local authority retains its responsibilities and therefore formal decisions must not be delegated but remain with an officer of the local authority"

I see no reason why the decision cannot be made as soon as you are in receipt of the Education Psychologist?s advice, without further unnecessary delay.

Is that ok? I dont want to make mistakes, when i am trying to sound as if i know what im talking about!