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Independent reports and parental request for statutory assessment

9 replies

pannetone · 06/11/2013 22:37

I am making snail-like progress with my request for SA due to lots of other stuff with DS2 and uni struggles. Is it at this stage I should be getting independent reports to support my request for SA for DD who has ASD and selective mutism and heaps of anxiety? DD was assessed by the LA EP just over 6 months ago - there isn't a rule that requires reports to be less than 6 months old, is there? Do I 'strengthen' my case now, or do I wait to see if SA is refused, and then get independent reports before going to tribunal for refusal to assess?

And another question - if DD gets a statement does it mean that the 'normal rules' for secondary schoool admission don't apply? I may want the local school for DD, which as it stands she would get as a sibling. A mum I know with a Y6 child with a statement has found out that her DS has got the school they wanted, but she says the fact that he has a sibling there was irrelevant - and she said that the school (an academy) apparently didn't want her DS but were 'forced' to take him by the LA.

TIA

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2boysnamedR · 06/11/2013 23:02

Not totally sure but I think your indi reports only get taken into account if your refused and it goes to tribunal. The satutory assessment process if it goes ahead should call in all the professionals

StarlightMcKenzie · 06/11/2013 23:39

No. You don't need independents yet, but depending on what you are asking for you might need to get them in the diary shortly after you have sent in your request, certainly as soon as you get a refusal if you do.

armani · 06/11/2013 23:39

you shouldnt need indi reoorts at this stage. save your money for evidence later on when / if a statement is issued.
you can use any reports as evidence to req SA, as long as they support your case. the longer you can prove your dcs needs have not been met the better.

nennypops · 07/11/2013 00:10

Yes, the school admission process for children with statements are different. Basically if you get a statement the LA must consult you about your preference and, if it is a mainstream school, generally they must comply with your preference provided that it does not affect the efficient education of other pupils. Statemented pupils get priority. However, how old is DD? Bear in mind that it takes at least 26 weeks from the beginning to the end of the process, and that time period will be considerably extended if you have to appeal.

pannetone · 07/11/2013 09:43

Thanks for all that helpful advice on both my questions. nennypops DD is 8 and in Y4 so hopefully I am applying in time for secondary school.

starlight you said I might need independent reports depending on what I am asking for. I'm thinking maybe I need an independent report because I'm not sure what I should be asking for! The bit I know she does need is a structured ongoing programme from a SALT with selective mutism and ASD experience and a 'keyworker' in school to carry out the programme (who also needs to be trained so we do not go back to the situation of the TA working with DD telling her she is being rude not speaking Angry). I just know DD needs a heap more support (or maybe a smaller amount of effective support) to be able to 'access the curriculum' and reach her potential. Not happening today - I have kept DD off as her anxiety levels are very high at the moment and she can't deal with this morning's timetable.(Extension group maths - she can't manage the less familiar teacher- and school swimming - an ongoing issue).

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armani · 07/11/2013 13:05

put in your request to lea with evidence you already have, eg salt reports, school reports, any pead, ot, ed psych reports. keep it factual and explain what provision school have already implemented but has not met your dds needs. its best to start from reception and work your way to present time.

if they turn down request put in an appeal to sendist. the lea might then back down and decide to assess. if they dont this is when you could possibly need indi reports if you dont have up to date or supporting la reports. bare in mind though that your indi reports have to be dated within 6 months of appeal to sendist if u need to appeal the content of the final statement, so you may have to end up paying twice if indi reports are needed for SA req and statement appeal.
do you know if you are entitled to any legal help? if you get a good soliciter they can advise you where indi reports are needed and if you are covered by legal aid they can instruct indi professionals to assess and their fees will be covered by legal aid. hth

claw2 · 07/11/2013 14:53

I had no 'new' reports when I requested SA. I waited for refusal to assess and booked EP in advance in anticipation of this. So refusal to assess came in June, I lodged appeal shortly after and already had EP booked for December, tribunal would have been in Jan. I then added EP report to evidence in December. 2 weeks later and about week before Tribunal LA backed down.

I was then planning on booking OT and SALT in anticipation of tribunal to amend draft statement. But didn't get that far.

So I basically anticipated being refused and receiving a crap statement and booked indi experts in accordance with Tribunal timescales.

If you have indi reports now, you are in danger of them being 'out of date' by the time you might have to appeal draft.

From start to finish. I applied for SA in May 2012, got finalised statement June 2013, that's without Tribunals!

claw2 · 07/11/2013 15:05

So along with the usual 26 week deadline, you could be adding on at least another year wait if you have to appeal.

When they refused SA for ds, I decided to go just for indi EP at that stage (and time report to be received by SA tribunal deadline), although I knew ds had SALT and OT needs too. I was fully anticipating having to appeal draft statement, at a later stage, so didn't get SALT and OT and the risk and expense of having to repeat EP, SALT and OT by draft appeal stage. All I would have to repeat would be EP, rather than all 3.

Its kinda like a timing game (unless you are very rich!), regardless of what you already know needs are.

pannetone · 07/11/2013 23:26

Yes, timing is important because unfortunately I am not very rich claw2! Thank you and armani for further advice - including clarifying the '6 month rule' for reports. Nothing is ever simple, is it?!

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