LEA has gone no contact

[AngryByrd]

They didn't even let us know when our panel hearing was; never got back to us about what was agreed (I had to keep calling)...then they never put it in writing.

We then got an advocate involved to see if she could get them to communicate and they've ignored her email as well.

If they never communicate with us, how will we ever solve our situation? I know they can't just ignore us--but that's exactly whats been happening for the past 24 months.

Has anyone else had experience of this?

You need a formal process with legal deadlines.

What was the panel for?

This is why the Statutory Assessment process is so powerful, because they have a deadline and they have to give an answer by that deadline.

This is a Statementing situation. I don't understand where we've gone wrong?

We've declared that we're seeking a statement; it's been 'almost finalised' for two years.

We were under the assumption that they had to adhere to guidelines and deadlines too; they haven't. (could it be because I am a foreigner?)

Did you request a Statutory Assessment from the LA?
Did you get an acknowledgement of your request, with notification of what happens next?
Did you get a notice telling you whether they were going to undertake a Statutory Assessment? Or a letter saying that they wouldn't and you had the right to appeal?
Did you get a letter asking you for your views (Parental Advice)?
Did you get a letter saying that they intended to draw up a Statement? Or a Note in Lieu?

That's the information we need to find out where you are in the process.

Did you keep copies of your communication?

Statutory assessment undertaken with proposed statement issued March 2012, still waiting for it to be finalised. Parental view was given in April 2012 and again in June 2013. Panel was September 2013 to agree to funding of 1 on 1 and ABA, which we were told on the phone they agreed to, silence since.

Give them a deadline to respond by and say that if they don't you'll go to tribunal?

That sounds bizarre. Grasping at straws, is there a chance they've sent correspondence to the wrong address? Has the school heard?

We gave them a deadline of November 8th, one person responded today (the 12th and said he was going to check to see what the delay was). No update with whats happening though.

How do I go to tribunal? Do I have to pay for that? The address they have correct; but they've not sent anything out to our knowledge (we have asked) and when they do respond (only on the phone) they say they haven't sent any letters because 'the writing doesn't read well'.

Well tribunals aren't supposed to cost but sometimes getting expert witnesses does, as does representation.

A judicial review (or threat of it) is probably what is needed here and you can get legal aid in your chikd's name.

Contact IPSEA or sossen for help with that.

Starlight is right. Write to them to tell them unless you get a final statement by 4 pm on Friday you will instruct solicitors with a view to judicial review proceedings. Then phone SOS SEN if you don't get it.

Have I read this correct - the Statement still isn't finalised and has been in proposed form for a year? In which case you can't go to tribunal yet. I don't think you can do judicial review either (but I'm not sure on that). A proposed Statement is not a legally binding document

So, if the Statement isn't finalised and you've been waiting a year, I would immediately put in a formal complaint to the LA and also a formal complaint to the Dept of Education. Also copy in your MP. The Dept of Ed may have to step in and will have the powers to make the LA finalise because they are out of their statutory timelines. (Whether they do step in is another matter)

You can't appeal a statement that has not yet been written - you would go to tribunal if you disagreed with the finalised statement. In your position I would certainly get in touch with SOSSEN and IPSEA and ask what you can do to make them finalise the statement as I'm am sure this is not legal. You could also try to get some legal advice - perhaps speak to Chris Barnett at Levenes. Unlike some other firm which I won't mention the name of, Levenes doesn't demand your credit card details before they will even speak to you! Obviously what the LEA are doing is spinning time out so they don't have to pay. Do you have anything in writing that they have agreed to fund the ABA program?

JR would be in the event that the LEA didn't honour the statement.

You can JR law breaking that isn't covered by SENIST can't you?

You can go for judicial review because they haven't complied with the legal time limits. In practice I'm sure that if they were faced with a solicitors' letter threatening it, they would very quickly finalise the statement. However, it might be that if you tell them that is what they are going to do that would make them wake up anyway, because the fact that you mention JR would perhaps signal to them that you know what you're doing. Don't go down the complaints/ombudsman route, it would take forever.

Ok, that's great then, threaten a judicial review. I totally agree - there is no point complaining - they couldn't care less. And this has dragged on for a unbelievably crazy amount of time already. Meanwhile your child is losing out. In that case ask a solicitor to write a letter if you can afford it and yes - tell the LEA you are going to. When I asked about it some years ago when I had trouble with our LEA I was told it's about £200 for a letter. As others have said a JR is in your child's name so you won't have to pay costs afaik. Also are you on the ABA-UK list and have you asked on there if anyone has had this problem before?