Statementing question

[beautifulgirls]

If the school submit the request for statutory assessment and the LEA refuse, who can or can not then appeal to tribunal. I thought that parents still had this right, but I may be wrong having just read another thread? Would it be better for us as parents to put the request in, even though the school is being very supportive here and are definately on side with this??

Its only the school who cannot appeal, you can appeal regardless of whether school apply or you do.

It's generally easier to submit the request yourself. Not only can you then keep a detailed diary of all correspondence and phone calls, etc, but it's simpler than having to keep asking the school for updates.

Moreover, you can appeal to tribunal immediately if the LEA refuse your request for an assessment.

Yes, you can appeal even if the school made the original request. The LA should have written to you to tell you that it would not be carrying out a statutory assessment and that letter should tell you about your right to appeal to SEND. You have two months to appeal, from the date on the letter.

You could just put a parental request in, but unless you have more evidence which the LA hasn't already seen then it is likely to be turned down again. At this stage you might as well put your appeal in as it will save you six weeks.

Use the Ipsea Refusal to assess pack to put together your case.

BG

If you ahve not already done so make the application to the LEA for the statement personally. You will need to write to the Chief Education Officer at your LEA and give them six weeks to reply.

Parents have the right of appeal if the LEA say no, school cannot direvtly appeal a no decision. Parents have far more power than school ever would when it comes to the whole statementing process anyway.

IPSEA's website is helpful:-
www.ipsea.org.uk

Thanks everyone. We are just getting some more paperwork in place first over the next couple of weeks and then going to put in for the request to assess. So long as I can appeal should the LEA decline I am happy to let the school do the initial paperwork. Unusually (from what I read here) the school seem very up on things and a most definately willing to help us and will be keeping us in the loop. They have been jumping through LEA hoops for us to try and close every get out clause the LEA could try and use that we can identify before we send the paperwork in. Of course the LEA are bound to have a secret volume of get out clauses they will bring out as their star weapon, but we are prepared for a fight if we have to!

You have a power to appeal whatever option - school or you apply.

I think it depends on whether you think school will do a decent application. Will you be involved in helping with the evidence they submit and the comments they make on the application form?

My son's school applied and we managed to get a SA which we are undergoing now.

Everything has come through me since the SA decision was made and I have not had to get anything through the school - i.e. all professionals have contacted me directly about appointments and the LA have written and emailed me as we go through. I also write and ask questions of the LA.

It feels like my application to be honest but I am glad they have done it as it is an extra person saying 'we don't have the resources this child needs'.

Thanks Debs40 and good luck with your SA for your son. Yes we will be involved with the school with all the paperwork so this is part of the reason I am very happy to let them go ahead at this stage.