Statement - help, already met a hurdle and just at start!

[Boboma]

I put a parental request for a statement to the LEA at the start of Dec and I received a letter from them dated 16th Dec 2010 acknowledging the request. So it's now 7+ weeks and I hadn't heard a thing. I called them today and they said that they had just sent out requests for information on 31st Jan and they needed info from Paediatrician and school before proceeding (even though I pointed out that we had put all this information in with the parental request -CDC had helped us get lots of reports).

I knew that they were meant to tell you in 6 weeks whether they were going to assess but I didn't push it on the phone until I had read the SEN Code of Practice better.
I've now read it and it says in black and white section 7.26 and 7.68 that they should let us know within the 6 weeks. There are no reasons for an exception to this from Annex A.

What to do? Should I call IPSEA or someone for more advice? Should I write a letter referencing all the bits of the SEN Code and demand a decision? I'm reluctant to just phone again since I am sensing that this is one for 'written evidence'.

Any ideas , please let me know. Thanks for your help.....

The trouble with the time limits is that the government have not really specified any sanctions for breaking them. You could file an official complaint - you can usually fill out a form on the council website. You can also go to the Local Government Ombudsman if you are unhappy with the response to your complaint.

You could write to the SEN officer but would probably get more action if you make it an official complaint via the Chief Exec office Basically they have taken 6 weeks just to send out the request. Given that these are standard letters which they just have to cut and paste its not much of an excuse.

It could be the fact that your council - like most - are in the throws of making vast number of staff redundant. It could be being useless. Or it could be deliberate delaying tactics.

email or letter. I email for everything so I have a paper trail. Contact them and ask when it will be done, point out you have supplied reports and expect a decision imminently as it is already over the deadline. Ask them to state what they are waiting for.

The clock stops during school holidays so it's actually less than 7 weeks.

They do have to obtain information from school even though you enclosed it with your request for assessment.

I got the Child Development Centre to help and the LEA have now agreed to a statutory assessment. Woo hoo! I've learnt a good lesson though - read the Code of Practice and shout loudly- but I guess that a lot of you know that already

Thanks for your advice, much appreciated.