ARGH! Stop the world I want to get off!

[Galena]

So... this week I've been panicking because we had an appointment about a life changing op that DD could possibly have. That was yesterday, it went really well. Didn't need to worry about it at all.

Today, however, everything seems to have been ridiculous! Now, I know lots of people are worse off than me, but I just need to vent!

Woke up at 7:45, cup of coffee in bed, content with the world - suddenly realised we had physio at 9:30 and to get DD up and stretched and breakfasted and dressed takes a good hour and a half. So madly got up and sorted. Got there early(!) and had a good session.

While I was at the hospital I thought I'd ask if they'd got the date for our next paed appt as it's a new paed after our lovely one retired. It was supposed to be 4 months after the last appt which was May 9th. No - they didn't have the date and it's not down as a scheduled appt - they thought it was just an open appt. So they gave me the secretary's number to phone.

Got home. DD whingy. Didn't want lunch (although ate loads in the end when I gave her some). Phoned the secretary - no answer. Left message.

Went to tip and to shops - one of which was the bed shop chasing DD's bed. She's still in her cotbed (she's 3.4) and we've bought her a single - has to be low so she can get into it with her CP, and we wanted wooden. Found a lovely one in June and paid for it - were told it should be about 10 days. We'vebeen phoning regularly to be told they are out of stock in the factory and waiting for a shipment. Today I was told they aren't expecting a shipment until Sept, but they don't know if it will be early or late Sept!!

Got home to an email and voicemail telling me that the application for SA I submitted before the holidays would, as it stands now, be refused as they have no evidence other than my original letter. I phoned back and queried this as it says clearly in the letter that the exceptions to the timescales apply if educational info is sought before the 6-week-holiday, so I think they are being pigheaded putting it before panel on 22nd Aug. I think they could delay to the September Panel meeting. They want me to withdraw and reapply almost immediately so that playgroup can submit their report (which will push it to the October meeting of panel I believe). I also posted physio and paed reports today. They will double check the timescales thing, but the likelihood is that I will have to withdraw the request and resubmit - which seems utterly ludicrous!!!

Then the play leader of the playgroup phoned me. She's desperately trying to fill in the form for the SA panel. The SENCO is on holiday so not contactable, and anyway, she's only had the form for a week because they sent it to a chap who used to be treasurer of the playgroup many moons ago and they've only tracked it down because it happens that he's the husband of the admin assistant! She's been told panel is on the 28th, not the 22nd as I've been told. However, she's very keen that we succeed if at all possible, so wants a meeting with me and the SENCO. This can't happen in time for the 22nd anyway, so this definitely means we have to delay consideration.

I just feel completely at sea today and I could cry. Stupid bloody bureaucratic nonsense. FFS just come and watch her in playgroup and see how she screams if I walk away from her, see how often she gets knocked over (completely accidentally) by her peers, see how she can't manoeuvre safely onto chairs and the toilet, see how terrified she is if anyone else comes onto the climbing frame while she's trying to and then tell me she doesn't need 1-1 support!!!

AAAAAARRRRRGGGGHHHH!!!!!

(And well done if you got this far! You probably need a like me!)

They want me to withdraw and reapply almost immediately so that playgroup can submit their report (which will push it to the October meeting of panel I believe).

DON'T

They can wait for the playgroup report. If you withdraw I don't think you can ask again within 6 months as technically you have applied and been refused.

Just accept the wait.

No, apparently I can withdraw and reapply immediately. What I can't do is reapply for 6 months after being turned down. I have been told this so far by 2 different people.

But now I am beginning to doubt myself.

I still want to cry. :(

I would be very very careful about withdrawing.

Advice given to you by the LA is not always correct. You probably think we're all a bit paranoid on here but our own experiences are that the LA and its employees spout no end of lies to manipulate parents.

When you originally submitted that request for an SA you initiated a legal process.

Now that legal process has been eneterd the LA must respond in a legally appropriate way i.e. grant / reject your request.

Telling you that you can withdraw the request after they had also told you they would not grant your request is not part of this legal process.

You are absolutely correct - the Education Law accepts that reports will not always be available during school vacations and states that in this case delay is acceptable. So you are correct in believing that the LA could reasonably wait until school recommences and the necessary reports can be obtained.

In any event the actual timescales are only 'best practice' and are not set in stone. When I applied for an SA we were still waiting for a Psych report and I wrote to LA asking them to delay their decsion until the report was available. They did. It was a reasonable request in the circumstances and the LA must been seen to be acting reasonably.

So do not feel that you have no option but to withdraw - you do have the option of writing to them to say that rather than referring this to the Aug panel without this report being available, it is reasonable for them to agree to delay until the playgroup report is obtained.

Withdrawing and then resubmitting could be used against you should your subsequent request be rejected as the LA could state that you had withdrawn your original request i.e. try to present you as a fickle parent who was reallly bothered about an SA.

LAs lie and decieve - that's lesson number one.

Oh... even if the LA insisted on sending it to the Aug panel where it would be rejected you have the right of appeal to SENDIST.

If it even got as far as a Tribunal as you'd probably find the very threat of a Tribunal would cause the LA to reverse that decision and agree to assess.

It's so never ending ins't it! All your effort has been focused on the Dr A meeting as it's such a big thing but now that it's over the rest of the stuff comes crashing back in doesn't it? I have no real advice on the statement but Wet knows what she is talking about. Just wanted to commiserate!

Hugs to you what a day after such a positive one yesterday!

Totally agree with Wet dont withdraw. The LA can reasonably wait and its on the back of the main leaflet that comes with your application request letters. There is a run down of how the process works and time limits etc.

Hope tomorrow brings more sunshine! x

Sorry it's been such a struggle for you today. Dealing with the LA is so stressful and a bit intimidating, isn't it? I admit withdrawing and reapplying seems a bit daft. I don't understand why they can't just wait for the report?

I don't understand. :( I've just had this email from them...

^Following on from our conversation yesterday, I have spoken with XXXX about your question on exceptions for timescales. XXXX informs me that we do not apply the exceptions that we discussed and adhere to the 6 week timescale regardless of timing for Statutory Assessment request.

If you wish to withdraw your application and re-apply on 1st September then please email me and let me know. As discussed this would mean that we are able to get information from the playgroup to present to the panel which they have not been able to supply as they are on summer holiday.^

If I keep this email, withdraw and reapply, if they then try to use the withdrawal against me, implying I'm fickle, surely this email would prevent that because it clearly states that they are refusing to make an exception in order to wait for the report, and that they have asked me to withdraw/reapply simply to get the information from the playgroup?

(And I failed miserably at italicising it too...)

Right, snotty (but professional) enough letter?

Further to your email communication, which I enclose a copy of, and on your advice, I would like to withdraw our request for Statutory Assessment at this time. Despite having made a reasonable request for you to delay the decision-making until after the summer holidays in order for the Playgroup to provide evidence for the decision-making process, you have chosen to refuse this request whilst also telling me that the request for Statutory Assessment will be refused without this information. My understanding, from the information I was sent, is that the timescales do not apply ?when the educational advice is requested one week before the school/educational setting closes for the summer holiday? AND ?if the parent/guardian asks the LA to consider advice after the timescale?. Both of these situations seem to apply; however, the request to delay the process has been refused.

I would like it put on record, however, that the letter asking the Playgroup for information was sent to the incorrect addressee and the incorrect address ? a fact the SEN Casework Team have been made aware of. Due to the reduced time that the Playgroup Leader has had the request, she has been unable to complete the form in time for the original panel date ? particularly as the SENCO is away from home and unable to provide the information needed.

I am also astounded that the request for assessment would be turned down immediately for a child with a diagnosed physical disability, even without the evidence from the educational setting, as you have stated. Her Health and Safety and her physical and emotional wellbeing are being compromised by being refused the support we are requesting. She is also unable to access the curriculum as things stand.

I enclose with this letter another letter requesting consideration for Statutory Assessment. I assume the paediatric consultant?s letter and physiotherapist report I have already forwarded to you will remain on file and be considered at the new panel date?

Honestly Galena - don't withdraw

That's a great letter you've prepared and it's totally correct. I've suggested a few tweaks below that makes it very clear that they - not you - are acting unreasonably.

Please feel free to ignore it.

But please - do not withdraw

I am responding to your email dated [date] in which you advised me to withdraw my request for a Statutory Assessment.

Despite having made a reasonable request for you to delay the decision-making until after the summer holidays in order for the Playgroup to provide evidence for the decision-making process, you have chosen to refuse this request whilst also telling me that the request for Statutory Assessment will be refused without this information. The information you sent me clearly states that the timescales do not apply ?when the educational advice is requested one week before the school/educational setting closes for the summer holiday? AND ?if the parent/guardian asks the LA to consider advice after the timescale?. Both of these situations seem to apply; however, you have decided to ignore my reasonable request to delay the process.

You need to be aware that the letter you sent to the Playgroup asking for information was sent to the incorrect addressee and the incorrect address.
As a result, delivery of this letter was delayed, reducing the time available to the Playgroup Leader to respond. As a consequence of your administrative error, she has been unable to complete the form in time for the original panel date, particularly as the SENCO is away from home and unable to provide the information needed.

I am very disappointed that my request for assessment has been dealt with in such an unreasonable manner. My child has a diagnosed physical disability, as evidenced by the medical reports I have sent you. Her Health and Safety and her physical and emotional wellbeing are being severely compromised by your refusal to provide the timely support we have requested. She is currently unable to access the curriculum and is therefore being denied her statutory right to an education suitable to her age and ability.

You have advised me that if you proceed to send my request for consideration by the Panel in August, it will be rejected due to the unavailability of the Playgroup's report. I wish to inform you that if this situation arises and my request for a Statutory Assessment is refused I will immediately lodge an appeal to the SENDIST.

I am therefore requesting that you act reasonably and delay the decision in respect of my application for statutory assessment until you have secured the necessary documentation for a fully informed decision to be made.

I have copied this letter to my [Local Councillor]

What wetaugust said/wrote. Do not withdraw. We are taking our LA to tribunal and I had the most hair raising lies from them just to get us to back down.