LA stringing out decision to do stat assessment :-(

[Ahhhcantthinkofagoodname]

Hi all

We applied for a statutory assessment of DS's SENs 6 weeks ago. He is 3 and due to start reception in sept next year. We are keen he gets a statement so he can go to a school with a speech and language unit.

So today I find out from the LA (on the six week deadline) that it's a no but they will reassess when they have a report from a member of their own staff, a pre school specialist teacher. This is inconsistent with what I was told about 10 days ago when the case worker confirmed they had everything they need to go to the panel apart from some information from his preschool which I duly chased and confirmed had arrived a day later. I met the pre school specialist teacher about a week ago and when she first made contact with us and was trying to arrange times to meet us and to observe DS at preschool (she was really busy on all the days he's at preschool and the earliest we could find was early December), I asked her if her report was required for the panel. Her response was no, it's more for the statutory assessment itself. Incidentally there was loads of evidence we submitted including his ASD and Verbal Dyspraxia Diagnoses from the paed and the 332 from his SLT describing the support he will need at school (basically all the stuff that happens at a speech unit).

So what on earth is going on? are they just trying to string it out for as long as possible? What should I do? Has the LA even acted lawfully? What's the point of the 6 week limit if they can simply say no at the end of that but "we will re-assess when we have more information that it's our responsibility to get"?!

I guess I shouldn't be surprised given all the stuff I've read here but it's still incredibly frustrating and stress inducing! Any advice much appreciated.

You'll get it tomorrow I reckon. These things always come on a Friday and all staff are out of office In the morning and switch their phones to answer phone on Friday afternoon.

The best thing you can do is get to know the IPSEA website and research how to appeal. Have your appeal letter ready for non morning post and book a phone conversation with IPSEA for ASAP (but don't wait until then to get your appeal in. You don't need comprehensive information just evidence of complex needs that would be sensible to assess in a bit more detail).

As soon as you have their "no" decision in writing then appeal to tribunal. The LA will almost certainly immediately back down because they will know they hardly have a leg to stand on. If the LA refuse to give you the "no" in writing then you can not appeal however, so you write to them and ask for their decision in writing immediately in accordance with the SEN code of practice time scale. If they don't respond in an appropriate time frame threaten to contact the LGO about it all.
The LA are playing games, but if you know your stuff and are firm with them they are less likely to mess around from here. They will try all sorts of things to put you off and then to not provide adequately for need. Stay strong and work your way through this, and remember you are not asking for people to do anything that is not right for your child, you are asking them to help and to do so thoroughly and properly.

This is happening to me. Submitted in September with lots of professional reports but was turned down and asked to resubmit in January. Their argument is that DS has not had enough time to settle into pre-school.

If your case worker is good then they can help. Ours had the LA's educational psychologist come and observe DS at pre-school and then met with us. He said he will support our request for SA and will recommend the need for a statement. They are still wanting us to resubmit in january though. LAs are asking for this so they don't have to grant a statement and then reassess the same child for EHCP when the new rules come in.

Thanks a lot for the replies...

I don't know what to do though - if we formally appeal will that mean that things are put on hold pending the outcome of the tribunal? Might it be quicker to wait till this pre school specialist teachers report is done and to go back to the panel in 2-3 weeks?

When is the deadline to get a statement before the rules change?

And when does the six months start? Is it the day they agree to do a stat assessment?

6 months starts from the day you applied.

If you appeal, they can agree at any time, even in 2-3 weeks. They are not going to not agree simply because you have appealed.

And all talk of panels is bollocks. It is your case officer's sole responsibility to make the decision. They can send it to panel, they can send it round the world. It has nothing to do with anything and you need not be party to any internal processes. Just the output and outcome.

The deadline to get a statement is now.

Thanks starlight, I'm trying to figure out whether an appeal will slow things up. As i understnad, an appeal could take up to six months (from now) which is ages and takes us way beyond the day we applied + 6 months. what have the LEA got to gain by agreeing before it gets to tribunal? And why do you say the deadline to get a statement is now?

Why would they agree without an appeal?

Their situation is the same in 2-3 weeks they'll make a decision. This happens appeal or not.

Sept 14 is when the new law comes in. You'll be lucky to have a statement by June even if they agree, but probably later as they clearly have no respect for deadlines.

Thanks for helping me with this, so are you saying there is no downside to making an appeal? Ie making an appeal will not affect the case going back to "panel" (taking your point about this!) when this additional report is in?

No. You can even be friendly about it and say that you're sure they'll do the right thing but an advocate has advised the precautionary action of putting in an appeal so you don't have to start from scratch, or some such.

You don't have to be hostile about it, but better to do it first then let them know than threaten to do it and allow them to accuse you of not trusting them iyswim.

Thanks so much for all the advice, off to bed now! Anyone else been in a similar situation and able to suggest anything?

An appeal won't slow things down, it will do the opposite.
The purpose of a statutory assessment is to gather evidence to decide if child needs a statement. It doesn't mean a child will get a statement.
Our LA does an assessment to decide whether to do a statutory assessment. This is what your LA is doing.
The SENCOP and law does not say do an assessment and get reports to decide whether to do an assessment, there is no requirement for this. If they think they need reports then then need to do a proper statutory assessment with all the safeguards that provides to your child and the deadlines.
They are doing this purely to gatekeep resources / avoid doing a statutory assessment.

The day our appeal registration hit the LA desk they backed down and agreed to statutory assessment. They pretended they had received new evidence to change their minds. In a later complaint which went to an outside complaint reviewer they were forced to admit they had prejudged the outcome of our request for statutory assessment and decided to turn it down whatever the evidence said. So don't believe a panel has any influence at all.

There is plenty of time for them to get all the reports they need during the proper statutory assessment. Thats the whole point of it.

I would not only appeal but send in a covering letter asking the tribunal for it to be expedited as you need the assessment and statement in place for Sept 2014. you are seriously in danger of not having a statement by Sept 2014. SA will take 6 months so really needs to start in Feb at the latest and tbh if its not completed until Aug then chances are the unit will be full. Even if you appeal now the appeal will not be heard until March / April and there will be insufficient time before Sept to do SA. You need the SA to start now so it will be complete by June. Even then if you have to appeal the contents of the statement you won't get a place at the unit until well into 2015. You can't afford to wait.

If they do not have enough evidence to say this child does not need a statutory assessment then the answer under the law is not to wait until they have that evidence but to agree to do the assessment! Look at their reasons for refusing and SENCOP and point out in your appeal where they have not complied.

Look at IPSEA refusal to assess pack and start drafting your appeal. I would also write to the LA putting them on notice you are going to appeal and will be asking for it to be expedited and asking them to agree in writing to the tribunal shortening the timescale for the appeal given your child needs the SA completed before starting school. Make sure they know you are not going to be fobbed off.

Once they know you are one of 'those' parents who is not going to roll over then chances are they will back down as the work involved in going to tribunal is at least as much as the work in doing the SA.

Thanks so so much, really appreciate this advice. Sounds like there is nothing to gain and everything to lose from taking the softly softly approach! We shall appeal as soon as the letter arrives. One thing that I am still confused about is when the six months starts. Starlight seems to say its from the date we asked for the stat assessment, ie mid oct (which would make the deadline mid march) whereas Agnes implies it starts fron the date the LA agrees to do a stat assessment.

The 26 week time line starts the moment they receive the request for a Statutory Assessment.

Actually 6 months from mid sept takes us to mid April. Been reading the SENCOP and it says this:
"Regulations set out time limits in which the various parts of the process of making statutory assessments and statements must normally be conducted. The cumulative effect of these time limits is that the period from the receipt of a request for a statutory assessment or the issue of a notice to parents under section 323(1) or section 329A(3) to the issue of the final copy of the statement should normally be no more than 26 weeks. A flow chart can be found at 8:134."
Which suggests the clock starting ticking when we made the request. Also interesting s this section:
"Decision not to make a statutory assessment: if the LEA decides it is not necessary to carry out a statutory assessment they must write to the parents and explain the reasons; they should also set out the provision that they consider would meet the child’s needs appropriately. The decision not to make a statutory assessment may be a severe disappointment to the child’s parents and may also be unwelcome to the child’s school. Regardless of whether the initiative for a possible assessment came from the LEA or a request from the parents or school, the LEA should write to the school, as well as the child’s parents, giving full reasons for their decision."
It doesn't sound like a letter telling us e reason they are not doing the stat assessment is becase they don't have a piece of info they have decided they need (that is fully within their control) complies with the above!

Once they decide to assess they have a set time to get that done, but if they decide not to assess they effectively stop the clock until such time as they change their mind or the tribunal does it for them. The 6 months is the time taken if they agree at each stage of the process and then issue a statement at the end of it.

In our case it took 12 months to get a statement for DD1 from the time of initial application for statutory assessment. They said no to assess, we appealed, the LA backed down. They assessed and decided to issue a note in lieu, we appealed, the LA backed down. The LA issued a statement - time taken 12 months. We then had to appeal the content of that and actually by the time we got a new statement after a tribunal hearing it was then a further 11 months later, so from the time of applying to getting a decent statement in place was just short of two years. For us it was a big fight and I got to know the SEN code of practice and the ways of the LAs very well from reading around forums like these. You need to stand up to them and you will get what you need in the end, but very much agree with the above suggestion that you need to ask tribunal to have any hearing as a priority as you can wait for a "routine" hearing time for several months from the time you apply. Of course the LA can easily reconsider their decision at any point in this time and are far more likely to do this sooner rather than later if you appeal.

Yes you are right their letter doesn't comply. Its not a reason for refusing under SENCOP. This is why you should appeal as they can't defend their refusal reasons at tribunal. They will almost certainly back down.

But bg is also right they have refused so that stops the clock. The time between refusing and backing down / changing mind won't count to the 26 weeks. It will be 20 weeks from when they agree or a tribunal orders them to do it.

Thanks a lot beautiful and Agnes. It is such a big help to find out about your experiences and to get your advice. I've spent the last 3.5 hours drafting the text to go into the appeal form and the letter responding to the LA. just hope the bloody letter of rejection arrives in the post tomorrow.

I so wish we had applied for the SA earlier. The SENCO at DS' nursery adn the pre school area SENCO told us to wait till next year to reply, such bad advice. If anyone is reading this who hasn't yet applied for SA re starting school next sept I would urge you to do so ASAP. Dont worry about the initial letter being full of info, just fire the request off, you are then asked to fill in a load of forms asking for more info....