SA appeal, proffessionals reports.

[sugaplumfurry]

Just a quickie!

When I send in reports for an appeal against decision not to do SA. If a report states at the bottom in small letters. This is not a statement report contact the report issuer (or something along those lines....report isn't next to me at the mo). Does that mean I can't use it for the appeal? OR is that just for when/if a statement has been decided?

I have tried to contact the OT (whose report states this) but she is away for some time so can't ask her any questions. All other OT's are out doing assessments so ain't going to get the info quick enough!

You can use any report as a basis for evidence of a child's needs. Nobody could reasonably argue that a report is 'not a statementing report' and cannot be used as evidence - either it gives a true picture of the child's profile or it doesn't. And if a professional is trying to say that only some of their reports can be used as evidence then I would think that was suspicious and wonder if some of their reports are written in bad faith.

my dds LA reports had similiar disclaimers on them. senco told me I couldn't use them as evidence but I phoned and asked for permission. tbh the LA didnt ever question it so I would include them anyway.

Armani - this sounds very dodgy to me. I don't think a tribunal would look favorably on a LEA who tries to divide their professional opinions into 'on the record' and 'off the record'. Are there no lows they won't stoop to?

Put it in if it helps you. LA attached lots of docs which were not statement reports in its response to our appeal. You can include it as part of your evidence (parental submission) rather than as a standalone report. I always page number my submission including attachments I am relying on to make it clear its part of the parent submission not a OT report commissioned by LA (and to stop LA objecting to non statement reports being in).
There is a legal case that says LAs have a duty of candour to the tribunal to provide all the evidence, not just the bits that help the LA, so it is fine for you to add anything that gives the tribunal a fuller picture and I don't really see how a senco can object. We put in loads of docs we got under FOI LA etc didn't want us to. Its your data you can do what you like with it but include it under parental submission.
A tribunal will generally give more weight to witnesses who appear and speak about their reports.

Thanks all.

Here I go with another query!

Parent partnership told me to request various info from the school regarding DC in DS's class who are on SA, SAP, statements etc to help with my appeal which surprise surprise they have failed to supply. How can I get this info if the SENCO clearly doesn't want to give it to me?

Not personal info just number of SEN DC

A Freedom of Information request to the school asking for the data should get the job done, making it clear that you just want numbers and not personal info. They then have 20 working days to respond.

You can also get whole school SEN data from the Department for Education - check the Underlying Data section here