Writing to LA advise please

[Claw3]

I have just composed a letter in response to the LA's refusal to issue a statement and fobbed me off with a note in lieu.

What i would like to achieve is for LA to back down now and issue a draft, so i can save time appealing the NIL and just appeal the draft statement.

I have lots of evidence and i know that the LA would back down before appeal for NIL got to Tribunal. I have lots of new evidence for example ds scoring on 0.4 percentile for a SALT assessment.

ASD Advisory teacher observing he couldnt work well in a small group, difficulties with communication, rigid thinking, separating fantasy from reality. Couldnt change a book without adult help, couldnt refuse a piece of fruit without coming close to tears etc, etc.

Do i hit them with all this now in the hope they will issue a crap draft statement and i can then hold back and go to tribunal with a draft?

I'm sorry to hear this is all still dragging on, claw.

I used to formally write a brief outline, with some.points included but reserving some points for a final tribunal fight of necessary.

But I would also then phone up (theres always something you can phone about!) and verbally let them know I had a lot more information thfam was on the.letter they had just received - drip feed one or two more incidents - which hopefully indicated to them I had shed loads of evidence that I was prepared to use.

I didn't ever like giving away all my information, as I didn't want them to be able to come up with bullshit answers to everything.

Thanks Silver, when they refused to assess last time for SA, i just swamped them in evidence and they gave in long before the tribunal date was due.

Im finding it hold to keep the letter short! They have missed out so much in the NIL. For example they acknowledge that he has significant sensory needs, but dont address this in the provision at all, perhaps i need to keep it literally that short?

For other difficulties they are not acknowledged at all in the needs section or the provision, despite my already submitting reports and recommendations. Do i need to point out everything they have missed out?

I was working along the lines of they have missed out so much, it could only possibly be addressed in a statement?

I also have my big guns (private assessments) booked for tribunal, how much do i really need to hold back as the reports and 'new' evidence i have are all LEA professionals anyhow and i assume readily available to the LA anyhow?

Im torn between going all out in a 5 page letter detailing exactly why the NIL is inadequate or being more vague and just saying its inadequate because they havent included his needs or the recommendations of provision in the NIL.

On one hand i want them to back down immediately, which i dont think they will do unless i spell it out and make it impossible for them not to issue a statement

and being buggered if i go all out and they dont back down ARGH!

Bugger Claw

I didn't realise the sods had refused to issue a Statement (I've been on holiday). They really are fuckwits.

I would just write a formal letter acknowledging the fact that they have refused to isse a Statement and stating that you feel it is a perverse and unreasonable decision that has failed to acknowledge the weight of the evidence that contradicts their decion. I would go on to tell them that you intend to appeal to SENDIST. You may also mention that you will in due course refer the matter to the LGO as putting the parent through unnecesary distress and delay in attempting to secure adequate provision for their child is maladmisistration.

I would make the letter very heavy but polite.

Then sit back and see what happens.

You will eventually get a Statement - I'm sure of that.

Yep Wet, a poxy note in lieu that doesnt even acknowledge half of the needs he has, like self care. And the provision he gets even less than he was already getting in his IEP.

The NIL is a fucking joke. I have one page which lists his only needs as communication and interaction.

Its more like reading an end of year school report and how well he is doing!

For example emotional, behavioural and social development states class teacher at previous school says ds is a lovely chap with no issues, who skips about singing and loving everyone with birds tweeting around his head etc, etc.

Then 2 pages of mum says and the bit that is really getting to me "CAMHS were of the belief they could offer ds and his FAMILY support" I have supplied the CAMHS report and it states quite clearly that his confusion about social interactions etc is what is causing him to be overwhelming anxious.

mum says he engages in self injuries behaviour. Numerous professionals have observed him doing it in school or during the observation.

I feel like i need to name each report and quote exactly what they have said?

Sorry, forgot to say hope you had a nice holiday :)

They have also recommended a social worker (without my knowledge, a social worker just emailed school and school contacted me). I can see exactly where this is heading and i want to put a stop to it now, a big bloody full stop hence the 5 pages of what they have obviously missed in all the reports i sent.

Im probably playing right into their hands and giving away all of my information too early, but i need to put a stop to the ill informed opinions of ds's old school.

Claw

That's total pants!

Do you get a copy of all the Appendices (reports) that you would normally get had they issued a Statement?

I would tell the SW to FO.

Still think you need to formally reject the NIL.

I suppopse it's a matter of reading all the reports and highlighting the 'hard' evidence.

Jeez - they really are determined to make this difficult for you.

Oh - holiday was crap! 9 days of it in fact and now off work being tested for susoected E-Coli

Yep i have copies of all the reports and evidence, most of which are what i sent anyhow, other than EP report.

All their evidence is from old school, which is bolloxs because the reason they agreed to assess in the first place was that old school were unable to identify his needs.

I was going to finish my letter you have 7 days in which to reconsider your decision, otherwise i will be instructing my solicitor to lodge the appeal with SENDIST type of thing.

Im panicking, i feel i need to set the record straight by hitting them with everything ive got (probably the reaction they want)

then im doubting myself for playing into their hands.

then im thinking this isnt a fucking game, this is my boy and his life and i need to get it right and put this thing to bed once and for all. If it takes 5 pages, then its worth it.

But i dont want to tie myself up in knots by giving them too much info. Could you have a read of my letter Wet? Its 5 pages and i would totally understand if you dont have time.

Oh dear, my eldest ds had that (chinese take away) he was really ill, in fact ive never seen someone so ill before. You ok?

Dont worry about reading letter Wet, you must feel really rough.

I will go with what i think i need to do, hopefully then the tribunal will see its the LA who have been game playing and time wasting.

Hi Claw

Happy to read your letter if you want but I would just go for the very formal, short, sharp rejection and statement that I will now lodge a SENDIST appeal.

You'll get your chance to lay out all the reasons when you make your SENDIST submission - and the LA will see them.

I'd just be wary of exposing my hand too soon and giving them the basis of your disgreement befoe the appeal is lodged. The short, sharp approach would keep them guessing and wondering what your argument will be. Seeing it all 'up front' could play into their hands.

But there is no 'standard' approach to these things.

Thanks Wet, its about time i had a bit of confidence in what i am doing isnt it!

The problem i am having it isnt just the LA i am having to fight, its the old school and even reports i have. Old school would report "making pleasing progress" then reports just parrot this, based on nothing more than the old school's word.

For example NIL "it was thought that ds language, vocabulary and expressive language was developing well" the LA sought advice from SALT who was part of the dx team and that is what he told them!. Now he has based that opinion on nothing. Ds hasnt met a SALT target since 2008, he scored 0.4 percentile on comprehension and 2 on expression and his vocabulary is 2 years behind.

Same as SALT report before that "ds is making pleasing progress" and then resets the same targets from 2 years ago.

Same as OT went into school "ds is making pleasing progress and is less anxious in school in recent months" despite making a emergency home visit when ds was discharged from hospital and then continuing to injury himself in school and her having to make emergency recommendations to school via email.

LA are not reading the reports or my evidence, just the summaries of pleasing progress and i feel i need to point this out.

Have you appealed to the tribunal yet? The LEA are not going be all that bothered what you say to them until you have a tribunal case on the go.

Wassup, i have my reasons for appeal written and ready to go, but i am appealing a NIL.

I know that 6-8 months from now, probably the week before tribunal is due to be heard the LA will back down and issue a draft statement. I will then have to start another appeal against the draft statement and another 6-8 months will then have past.

New evidence shows ds to be 0.4 percentile for comprehension, now that is a figure that the LA will have great difficulty denying a statement for. I was hoping that if i present it now, rather than later, LA will have no choice but to back down now and issue a draft statement which i can then appeal, saving myself 6-8 months.

If i give them 7 days to back down or i will lodge my appeal, i have wasted 7 days.

Does that make sense or am i just wasting my time?

I also have new evidence of a massive regression, as same tests that were done this month, exactly the same tests was carried out 7 months ago and ds has regressed massively.

Put the appeal into SEND and write a letter to the LEA at the same time.
The LEA decided to make a statement in my sons case which was also an appeal of a NIL, when the LEA had to give their evidence to SEND. So about 6 weeks after I had appealed to Tribunal,

If i was appealing a draft statement, i would hold back all evidence until appeal to ensure that ds got the best provision, but this is a NIL. Do you see what i mean?

If i am giving the LA 7 days in which to change their minds and lodge an appeal before then, wont that look bad on me in Tribunal eyes?

I have 2 children one with a statement and one with one being made. The LEA do generally make changes to the proposed statement so long as the evidence in the advices used to make that statement back it up.

It won't go to Tribunal claw and if it does you have a great case and it will be the LEA looking bad not you.

I have 2 children in the statement system that should have read - I have 4 children in all!

Thanks Wassup, so im back to square one again, do i give the LA the new evidence now or not?

Give them the new evidence.

Thanks wassup, that is what i was undecided on 5 pages worth of new evidence and spelling out to them exactly what is wrong with NIL or just a short vague the NIL cant meet ds's needs kind of thing.

I was leaning towards hitting them hard and i suppose if they have all the evidence, they will look bad if it does get to tribunal.

Just niggling doubt in the back of my mind, i feel sure it will be impossible for them to refuse to issue a statement, but if i get it wrong and it backfires on me!