Is my LEA breaking the rules already?

[JoMaman]

would appreciate your thoughts on if this is something I should complain about or not...

I wrote asking for a SA for my ds1. The 6 week deadline for them to respond (whether they will assess or not) is next Tues.

I got a letter with a standard form asking for further parental input (not the parental advice, just a restatement of why we want him assessed, which is all covered by my original letter). The deadline for this 'submission' is Friday.

Like many posters on here, I've chosen to write a really detailed submission, which is basically my whole parental advice, including what we want for ds1 to have in his statement. I did this in order to avoid falling at the first hurdle and having to go to tribunal twice. He is young and hasn't been to a nursery, so various people fobbed me off that there wouldn't be enough information for them to agree to assess him.

I phoned them today, having realised that the panel meets next Tuesday and my info is due in on Friday, giving them 1 day to read it all, so I wanted to check the timing and see if I could submit early.

They said the panel papers went out already (10 days prior to panel meeting) and my info is therefore not going to be circulated in advance, merely given to panel members at the meeting.

I'm annoyed that they will base their decision to assess or not based on whatever my case officer has cobbled together, with just a glance at my information on the day. I asked the case officer to send them my info as soon as they get it, and promised to hand deliver tomorrow, but she said she will not do anything until the day of the meeting, regardless of when she receives it. She said my deadline had to be Friday because of the part in SENCOP about giving parents 29 days to submit info, but isn't that missing the point if the parents' info is not treated equally vs. the LEA input?

Clearly, this is the first round and so all that matters is that they agree to assess him, but now I feel I have no control over this as nobody will pay much attention to what I've written about his needs, other than what was in my original letter.

I was just wondering if anyone new if this is how the initial phase was supposed to go, or if they have acted inappropriately?

thanks in advance

Yes - they are breaking the rules.

Keep a diary of who you sopke to, what was said and when. You will find it invaluable if you have to appeal.

They should not convene the Panel until all the necessary information has been collated and is available to the Panel. That includes your parental advice. Actually the 'Panel' is a farce anyway as the Education Officer in the LA has ultimate responsibility for decisions that are made but they do like to pretend that decisions have been taken by Panels.

If you've already given them your parental advice I would tell them to shove it and refer them to your original request for assessment for statement which they already have.

Get tough with them - if they try to take a decision without all the relevant documents being availabkle to the Panel tell them that you will raise a formal complaint as this is not a wholly informed decision. That's maladministration.

Best wishes

Thanks wetaugust. I'll let you know how I get on!