Crafty LEA declines statement

[amumtothree]

After calling my lea yesterday to find out whether we were on track to get a decision on statement or notice in lieu next week, after much wrangling I have found out that they are to issue a NIL.

I stated I was suprised as their EP had said she would be suprised if he didn't get a statement and the OT was very supportive.

At this stage she said they didn't receive the OT report in time, it's not up to them to chase the report and a decision had to be made (not until next week though).

She also made a comment on the fact that my son has made some progress (well school (and us as a family)have been giving extra help, but the gap is getting bigger even if DS makes progress).

Where do I stand? I've done the tears now I'm on to the practical.

My DS is 7, with dyspraxia, dyslexia and autistic traits.

Is there any merit going to my MP, local couciller. Do I fight?

Do I leave it 6 months and reapply for the statement, his teacher has already said that without more help he will be falling further behind (which will probably help with a statement).

Sorry it's a long one.

on the 2nd page of a statement i think it lists all of the appendices to the statement - one of these will be the medical evidence. the paed appointment we are all talking about is a specific appointment for statementing nothing to do with your normal paed appointments. you should also have had an EP report done - has the educational psychologist seen your child?

im just wondering if they have just decided to issue the NIL without going through the proper assessment process - not sure if this is possible or if you have to go through the whole process as well to get a NIL. it doesnt sound right how your assessment has been done.

that said, my younger son got a statement and for one reason or another we a year later have now just been through tribunal to change parts 2 3 and 4. it came out that when his assessment was done no report from the school which was appendix b was ever done and he still got a statement. it has since become an issue as the LA argued that the school never raised any concerns at the statementing stage - well how could they if no report was ever completed? my paed report was very basic and the LA turned that on us saying that OT was not recommended nor was SALT - post tribunal both these have now gone into the statement. what im trying to say is that the statementing process is flawed and things often are not done correctly - whether it is deliberate ploy by the LA who knows but i think sometimes they rely on that parents are not well practiced in sen law so the LA can be economical with the facts they tell parents thats why forums like this are invaluable as you have so much experience and knowledge on the posters to draw upon and we are quick to smell a rat!

sorry bjk went out for the afternoon. No paed appointment. He saw EP who said he had complex needs and confirmed his dyslexia.

On the subject of law, she was adament that there was no point in telling us the decision before the NIL was issued as we couldn't do anything. When I said well we could get some legal advice (if appropriate) she then decided to tell me the decision. Until this stage she was sticking to the you'll find out in 3 weeks, then it was we'll get it out sooner if possible (call me a cynic but I'll beleive it when I see it).

Why Can't you make sure they have OT report befoe deadline?

star - I offered to get an OT report and they said too late the decision is made. At no point had I been informed that any info was missing.

I had also sent our last nhs OT report in, but that hadn't been used as they said that had been used to make the decision to go ahead with the statement. In this the OT says DS has considerable barriers to accessing the curriculum and mentions the requirement for 1:1.

I'll be interested to see how long I have to wait for the NIL, and what it says.

If there is any way you can get the new OT report ti them before the deadline, with a receipt for delivery, then do. This will strengthen your position in an appeal and probably avoid one.

I've emailed my OT and she's normally great, so I will try and do that.

The thing I don't understand (but I do if they wanted to say no) is they could extend the time without penalty if they were waiting for the OT report.

Why do they need to extend the time? Can your OT not get it there in time?

I don't know as my conversation was with the LEA on Friday pm. I don't know if my OT has received the request as apparantly the request goes to a central office. Only Monday will bring an answer to that.

Well why don't YOU request it via email then take it there?

As a person who receives requests frim LA regularly for advice fir stat assessment, this sounds like the OT has dropped the ball. When a LA has agreed to do a statutory assessment, The LA sends a letter to all those named on parental submission where it says 'who would you like us to approach if an assessment is agreed'. This letter states that a statutory assessment is to be carried out, and the date by which advuce must be submitted. No further reminders are sent. If the local authority waits for late submitted evidence then they are in breach of SEN law and can be severely criticised when the LA is inspected. The number of statements issued within timescales is one of the key things inspectors of SEN look at.

I would get on to the OT first thing Mon morn and ask when her advice was submitted.

ilike, I'd normally agree with you. However, the OP says that she didn't get any contact from a Paediatrician, when the SEN CoP states that the LA MUST ask for medical advice. Is it possible that the LA has dropped the ball and not sent a letter that they think they have?

Hadn't spotted that Lougle, that does seem strange unless consultant's report stands in lieu of pead. OP, some calls to make on Mon!

I will contact den department on Monday. When I said to den lady that I was suprised that ot had not replied, she mentioned that requests went to a central office.

We haven't seen a paediatrician so I will call ours on Monday to double check.

Just by the way she responded it seemed odd.

Just take responsibilty for getting the documents to the SEN people, and do it asap. Don't leave the chasing to them. Just do it yourself.

I agree. The LA will seem much more unreasonable if it is clear that they were in possession of pertinent documents in time to do something about it. That means, make it happen double-quick before that NIL lands on your doorstep.

I plan to chase on Monday, but from what they have said I don't think the council will accept. They have made their decision and I don't think they will review.

From what you have all said I will still chase it and hand deliver it (and get a signature). I don't think (unless they read this tread) they are in any hurry to get the NIL to me, as I can't appeal without that document.

But when you appeal, one of your main reasons will be that they didn't take account of your OT report that was submitted in time. If the tribunal consider this unreasonable you may be awarded cost for having to appeal.

that is why it is important to ensure they have key documents NOW.

And stop taking any notice of what the LA says. The law is all you need to worry about.

Thanks star - I'm at work tomorrow but my boss is very considerate and knows I'll make up any time I might lose sorting this out - so I'll be straight on it.

I think you need as much medical evidence as humanly possible to establish that your son has complex needs. Given his age, and I know it sound horrid, but I wonder whether reapplying in six months might be an idea. Think on it, we actually only have a term and a half left of school an in that time you can get all the reports you need. You must get a paed report stating the autistic traits. I know it is horrid but if your son falls even more behind then that is more likely to give you the evidence you need. The problem is, that at this time if year, they will be going on class evidence based in say October. Now as the age is still young, there will be some kids possibly on levels only one or two sublevels ahead of your son. So for a seven year old, say he is on level 1a for english. There will be others in the class on 2c and 2b. It's not a huge jump (even though it is and the reality is different from the numbers). If you think that at secondary, I had kids in at year 7 functioning on 2c and some at that WITHOUT statements with reading ages of 6 then you see that for their evidence they need that gap to prove the barrier to learning is making a substantial impact is great enough to justify the several thousands more that child will cost.

Unfortunately, as a parent it is heartbreaking and frustrating to seem to have to p,ay these games. I think as the school are proactive, the lea ep is on your side, you should get it. You just need to gather buckets of evidence.

Good luck.

Flap, I think we will try and get additional evidence and see if they will use it now before a nil is issued.

If not I think my husband is of the same opinion as you.

I think at least if we fight now we can get something in place for next year. I'm also not convinced they play fair, so we might still have a fight if we left it until next time.