LEA not replied to request for a SA within 6 weeks

[nopanicandverylittleanxiety]

So confused as to what is going on! School say they are supportive of my request. I went in prior to and after making the request. Within a couple of days of applying the headteacher told me he had asked the SENCO to get the paperwork together for the LEA.

When I called the LEA they said they hadn't replied to my request as the school hadn't sent them any information. I called school and left a msg with the office. The SENCO called me back to apologise, she told me the head told her she didn't need to send information as I had applied not school.

Is the head playing a political game or is paranoia getting to me?

Will call IPSEA again tomorrow

It's not your responsibility to chase the school. It's the LAs if they want info from the school.

Have you evidence of posting?

Ignore the head. It is the LA not meeting their duty and if the refuse because the school didn't give them the information they requested then it is STILL the LA that have failed in their duty.

IPSEA is a good start as is a quick letter to the LA confirming they have flouted their statutory duty.

I applied by email which they accepted so do have a record of the date

Thanks for that. I will speak to IPSEA tomorrow and then email LEA.

Head is being daft if that is really what happened. I think they would have received a letter from the LA specifically asking them for the information, and they had no good reason not to reply. However, it could just be crossed wires and the Head thought the SENCO was asking about sending a request for statutory assessment. Either way, the council should have chased.

similar thing happened to me but my request went through - my sons statement was written with absolutely nothing being provided by the school - the LA had school paperwork that I had provided and used that. would come back and bite the LA on the bum as a year later we ended up at tribunal and they had to give a written explaination as to why they had not followed the code of practice and obtained a school report. they had previously argued that all the issues I had raised were never raised by the school - errr that would be as you hadn't got a report from them?! I would sit tight - you have done all you can - make sure you evidence this or even write it down - if you do end up down the path of appeal then you can show that you have been nothing but reasonable

Thank you for your posts. IPSEA said unless I am already certain that the LEA won't agree to assess his needs then it will be worth chasing the school (via the governors if need be). Rather than forcing a quicker response from the LEA, which is likely to be a refusal without the school evidence. So I'm going to continue chasing school for a week or so and then assess from there.

so upset

I have been in and phoned the school. They still haven't sent the documentation. I have also called the LA weekly.

Emailing the LA now to say I have chased and no joy. But LA have told me verbally that if I push for a decision without school report it will be a no.

The governor responsible for SEN is a TA so won't really have any sway at school I don't think?

Can you phone sendist now to see if you can appeal? They have both already broken the rules

Even though you are likely to get nowhere, it's a good idea if you complain to the governors as a formality. Demonstrate that you've explored all avenues.

Write to the LA, laying out what has happened, be clear that they have told you they will give you a no without school paperwork. Quite the name of the person who said that plus time and ask them to meet their statutory duty of six weeks in order for you to appeal to SENDIST.

SENDIST will rule in your favour as lack of evidence does not justify refusal.

I don't agree with the advice from IPSEA btw.

Sometimes the charities at the base levels advise on the process as it is supposed to be, not how it really is.

I don't agree with IPSEA either.

Letter (not phone call or email) hand delivered to school (copied to the LA) stating the statutory assessment process is being delayed by a failure to provide school's information. Tell them you expect them to adhere to the prescribed legal timescales for such requests.

Just be vague about whose responsibility is it to chase up this information and let school / LA fight this out amongst themselves.

I would also look up the contact details of my local councillor and send him a copy - that usually makes things more as the fuckwits in the LA are usually terrified of councillors.

thank you all. will do that tonight x