Can someone help me find quote from SEN Code of Practice please? Refusal to assess

[smugtandemfeeder]

Trying to complete my appeal form for statutory assessment. DS is 3 and is being assessed at a nursery assessment in a few months time.

Can someone help me find a quote from the code of practice?

Agnes said a while ago "you need to find the bit in COP which says young children with severe and complex needs can get SA without having to exhaust the graduated approach"

Ive tried using the search but im muddled.

Thanks for any help.

Quick question, my LEA has put the reason they are refusing to assess DS is because they "need more information so that they can consider the type of support and level of support he may need before a SA can be agreed to. Eg from the outcome of the assessment centre would be useful" Isnt this saying that my DS may have needs and that they think my DS may need a statement? If im trying to prove DS MAY need a statement, then the LEA have confirmed it in writing havent they?

Im filling in the tribunal form as I have lots of extra evidence to send in now and think I should press on.

Justa hope CAMHS went well. Did they ask you whether you had a happy childhood and how the birth of your DC went?

Smug, not to follow you around but this all goes back to the specific wording in the SEN CoP, and how vital it is not to 'interpret' it and substitute perceived synonyms.

The SEN CoP says that a child should be given a Statutory Assessment if the evidence the LA have shows they probably need a Statement. Not may. The LA are saying to you that they don't have enough evidence to decide if your DS 'probably' needs a Statutory Assessment. In order to decide, they need to work out what needs your DS does have.

Lougle, I very much welcome your advice. I am finding my feet with this and get confused and carried away. If someone tells me I can't do something I have always tried to prove them wrong. It gets me a long way but I try to make informed choices where DS is concerned. There is so much to learn and I am tired. I haven't slept for 3 1/2 years! Your advice is a voice of experience and is exactly the reason I post here. I hope people don't mind me keeping asking questions. I don't know who else to ask or how to organise my thoughts otherwise.

Well, to be fair, whilst it is very kind of you, Justa, I know no more than anyone else here. All I know is what I read. But I do think there is a huge difference between 'may' and 'probably'.

That said, I think you can be comforted by the LA response, because they aren't saying 'he doesn't need one'. They are just saying 'wait until we've seen what the assessment shows'.

The assessment centre prioritise children who are being assessed for a statement. That was my initial reason for applying for a statement, to get them to prioritise him. I feel that DS will need one, but also so that they can keep delaying assessing him. We still have no date for assessment.