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advice re appeal a note in lieu

1 reply

countydurhamlass · 14/02/2011 20:41

ds is 7 (year 2) and in June 2010 school, applied for a SEN Statement. The LEA refused, i appealed and they agreed to assess my ds. we got word at the beginning of Feb that he has been given a note in lieu instead. i am now in the process of writing a letter to them to ask them to change their mind or i am going to appeal.

medical professionals including a clinical psychologist have said he needs extra help and supported our application (even said so in his report) OT and SALT are involved with ds. School have put him at about 1- 1 1/2 years behind where he should be. Everyone is in agreement that he needs extra help.

Problems include speech and language, auditory memory problems, struggles in the classroom setting, writing "isnt a natural process", lack of awareness of danger,vulnerability, every assessment possible has been done and comes back as being low. A soecial needs school is not appropriate because he is quite bright, it just takes him longer to process everything.

Educational psychologist saw him once at school on a one to one basis and once at home (although didnt do any assessments with him at that time) and said he was about 8 months behind.

LEA refused statement.

the school have been fantastic up to now and are doing all they can to assist him. they have got the disability learning service involved who has prepared a lengthy report outlining help the school can provide in respect of his writing and ICT skills.

I am concerned, however, that they will not be able to keep the support up long term without the extra funding they would receive if he had a statement. Also as he progresses through school life it will become harder for him without the extra support.

can anyone offer any tips or advice when appealing the LEA's decision

thanks

OP posts:
WetAugust · 14/02/2011 22:17

As teh LA have made their decision not to issue a Statement and are trying to fob you off with a NIL - unless the LA changes its mind you have no option but to appeal to SENDIST.

I would write to the LA rejecting the NIl and telling them that you intend to appeal the decision not to issue a Statement. They may change their minds to avoid a Tribunal hearing.

But Meanwhile I would get the SENDIST appeal lodged and woudl carry on down that road until and unless I had a Statement in my hand.

Look on www.ipsea.org.uk to see how to appeal.
Best wishes

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