Statutory Assessment refusal to assess. LEA agree DS needs to be assessed??!!

[smugtandemfeeder]

Right so in my letter to the tribunal I am trying to show that a full assessment is the only way to understand what my childs needs are.

I keep going back to the LEAs letter and they seem to agree with me. In writing....

I quote

"In DS's case the Authority needs more information so that they can consider the type of support and level of support he may need before a Statutory Assessment can be agreed to. For example, the outcome of the assessment at the Children's centre."

Why am I having to prove to the LEA that DS needs a full assessment to understand his needs when they agree with me anyway. In writing!

I feel I should quote them in my tribunal letter.

Is this a normal way to word their reasons for not wanting to assess?

Do not unduly worry yourself.

From what you have written here, the information put forward originally to support your son's case for a statement was not thorough or detailed enough (it does look like a report was missing) so the LEA now need more information in order to make a decision. They use a variety of reports to cobble together the statement document. This same type of scenario happened to someone I know not so long ago and her request for statement was ultimately successful.

The LEA are not saying an outright "no" to you as yet from the way their letter is worded. If they do eventually write no in answer to a request to a Statement then you can at that stage go to Tribunal and use IPSEA's refusal to assess pack.

"In DS's case the Authority needs more information so that they can consider the type of support and level of support he may need before a Statutory Assessment can be agreed to. For example, the outcome of the assessment at the Children's centre."

What they are saying is that the evidence provided doesn't give enough information about your child's needs.

To succeed in securing a Statutory Assessment, you have to be able to demonstrate that a Statement of Educational Need is 'probably' necessary.

The LA are saying that on the evidence they have, they can't decide if his needs are significant enough for a Statement, or whether School Action/School Action + would suffice.

LAs only have to do a Statutory Assessment if they think that on the balance of probabilities, it will result in a Statement being awarded. They can still assess and then issue a Note in Lieu, but the majority of LAs only agree to assess when they envisage that the child will need a Statement.

You need to stay strong this is more a reflection of the LEA than your child, it was hard enough to get a statement a few years ago, now is even worse, the LEA where I am now only issue statement for over 20 hours, Special schools and units. Your son is 3 which is even harder unless your child needs a nursery placement which requires a statement. The evidence does get stronger when your child is over 3. the ed phsyc who say my son at 2 so he could start a SEN placement at nursery told me there are much needier chilldren and I will struggle to get any help. He starts SS school in sept with a statement when she saw him at 3 nearly 4 he was described as severe and complicated needing intensive help. My son never changed he just got older and the difference more noticable.