Help! Had to appeal as won't even assess!

[Fidj]

Hello, I don't know if anyone had an advice for me? My son 4 in June and is starting reception this week! Yikes! He has had one to one since December at nursery and is on the autistic spectrum. He isn't severe but has difficulties at school and needs the constant one to one. She is moving up with him for half days until we feel he can cope with more later. Te school are funding this for now. The school applied for a statement as we have many reports and now a diagnosis and also even the local authority educational psychologist came out and said he feels he may need future involvement. I got a letter saying they not even assess him! I appealed that day in writing on the right form stating why I felt the decision was wrong etc. I said I felt the decision was cursory and not even having any co tact despite every professional dating he should be statemented and their own educational psychologist having a report saying he may need more involvement was negligent! I have had a reply from the courts saying we have a final hearing in January and I need to send back a witness attendance form which I hope his one to one can attend. Now can anyone advise me if they have been through this? Or even why is it essential i have a statment for my son so I have all the knowledge? I am fair.y new to all this and don't know any other parents yet.
Thanks x

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Try reposting here:

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as this is where the majority of experienced people hang out!

I suggest you contact IPSEA or NAS advice lines. They may be able to assign you a caseworker to help you through the process. Have you got the SEN Code of Practice / Toolkit etc
Has the 1:1 agreed to attend as a witness? Sometimes once employed by the LA staff can be reluctant.Its more usual for the Head or SENCO to be the witness but it helps if it is someone who sees the child every day. You need to speak to school about who will come as a witness. If you really want the 1:1 you may have to subpoena her
Think about whether there is anyone else outside school eg a babysitter who could be a witness just in case the school get cold feet. You can have up to 3 witnesses.
I would think there is a very good chance they will back down as its rare to go to tribunal just to get an assessment.
Also ask the school to score him on EYFS and identify areas where behind as that is good evidence.
Is funding your own EP report a possibility? Or your own SLT report?
Often producing new evidence eg a school assessment on EYFS scales can give LAs a way of changing their mind without losing face in that they can pretend the new evidence has made all the difference.
If the school are on board and think FT 1:1 is needed it would be very rare for the LA to go to an actual tribunal hearing just over doing the assessment. Often LAs have policies eg not to assess until school support been in place for 6-9 months, then increase that and wait another 6 months etc etc. That doesn't play out so well at tribunal as a tribunal is simply interested in the needs of the child on that day and what resources are needed and whether the school can fund that without a statement.

Look at IPSEA refusal to assess appeal pack on their website. At this stage you just need to show a statement is probably needed (not definitely needed) to get the assessment. So highlight areas of delay, lack of progress, danger / safety issues etc etc.

Hi there. I have been though all this myself with my son. I'm not going to lie to you, you are gonna have one fight on your hands to get anything from your L.A. My advice is contact the N.A.S. They can help you loads. One thing to remember is the L.A are not your friends and couldn't careless about your child!..it's all about MONEY !... It's taken me two years to get the help my son needs and it's been two years of fighting!..I got there in the end!!... You can do it to, do ever give up!. I am quite happy to chat to you about it, if you want?..message me at [email protected] and I could give you a call? If not, I wish you well and all the luck in the world!...remember don't give up! And they are not your friends!