Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

SN children

Here are some suggested organisations that offer expert advice on special needs.

Flip

1 2

Original poster

Anyone else waiting for refusal to assess tribunal?

26 replies

2boysnamedR · 10/12/2013 17:10

I get the letter from the lea in a few weeks saying why they refused. They seem to be cutting it fine. Should I expect the letter on the deadline or posted on the deadline?

I itching to see their reasoning. Particularly now I have kicked up such a stink. I wonder if they have much of a case?

OP posts:

JJXM · 10/12/2013 17:14

Me. Our letter is due on Friday - has to be with us by 5pm.

Original poster

2boysnamedR · 10/12/2013 17:18

So it's not the postage date - but the date you have to receive it? I am calling sedist the moment the postman has been lol!

OP posts:

StarlightMcKenzie · 10/12/2013 17:44

You'll be disappointed. You might even get into a rage.

It is often something like child does not need assessment because needs met well in school.

It will probably only say that.

If they are a cheeky LA they might add that they are hoping to support you with parenting at some time in the future.

Original poster

2boysnamedR · 10/12/2013 18:06

I hope it is something like that starlight as its not much to fight. I think ds has a very strong case so things like 'we just can't be arsed' isn't going to get them very far on the day or be enough to counter him getting a statement after the six week window if he does win. It's just a massive waste of time and money

OP posts:

bjkmummy · 10/12/2013 18:22

with mine which was an appeal against parts 2 3 and 4 the response was that they were still thinking about it! they would still be thinking about it at the next deadline - all that waiting and it was pretty disappointing in reality - expected more mud being slung. I didn't get mine until 4.30pm - they emailed it me from their solicitor so it can really go the wire.

mine was really 'we just cant be arsed' I won everything including a specialist independent school :-)

kafkesque · 10/12/2013 18:30

They went over on the timing with us but phoned to say they would and got an answer by phone the day the decision was made- only a few days over. So may be worth phoning to put you out of your misery.

I haven't got my decision yet for DS1 moderate dyslexic but I bet they will, judging by the statistics on an earlier thread.

So I am drafting my appeal letter already. You only have to download the appeal forms, fill them out and send off, simples. I have experience from DS2 ASD. I was told to be prepared by a now friend. You may want to procrastinate a bit but if you have it done already there is no excuse to appeal. Their reason for changing their mind to assess, when I lodged appeal documents, was they "found additional information" cos they were too lazy B4!

So my question is what is the best draft letter on the IPSEA website for dyslexia - to appeal refusal to assess?

Original poster

2boysnamedR · 10/12/2013 18:40

Kafke - are you appealing refusal to assess? Just call sendist and ask them to email you the application pack. You don't need to give a reason why you want to apply. It's your right to appeal even if you have zero grounds for appeal.

OP posts:

Ineedmorepatience · 10/12/2013 18:41

I have had my letter refusing to assess Dd3, I was pretty certain it was coming.

We have been offered a meeting or mediation.

I have opted for the meeting to give me chance to try to get them to understand how complex Dd3 is.

They are ringing me to tell me when they can meet me.

Original poster

2boysnamedR · 10/12/2013 18:49

I point blank refused mediation. I can not get anyone to listen so for me it's pointless. Tribunal is in April and I will be there, if I'm not its because I'm either dead or the lea back out. Whatever it takes I will get my say I front of. A judge and let him decide - not the lea. I hope your lea are beter at listening than mine.

It's about evidence here. Prove he can't cope, rather than using common sense and your eyes. If he got run down in front of the school or pushed a child down the stairs, they could only believe it if it was 'on paper'. Weird for a faith school. I wonder if Jesus needs to present his birth certificate for them to believe in him?

OP posts:

JJXM · 10/12/2013 18:51

We're also going for re-submission in the new year at the request of the LA. But as our appeal date isn't until march, there's no point in withdrawing because they can still say no in January.

Original poster

2boysnamedR · 10/12/2013 19:01

Your a bit ahead of me. School wanted me to wait six months and re submit in April - but that's my tribunal date.

OP posts:

Ineedmorepatience · 10/12/2013 19:10

I am also sending off the appeal form!! I am not pinning my hopes on the meeting!!

I am trying to gather evidence... but why does everyone take so long to send their reports?!

Its just exhausting

JJXM · 10/12/2013 19:36

Well we've had an educational psychologist come out and observe DS at pre-school who agrees he needs a statement and this is reflected in his report. We also have reports from nursery and an updated IEP. So we will just have to wait and see.

We couldn't try mediation because the post is vacant in our LA and has been for months. So there is no-one we could speak to who was unbiased and independent

Original poster

2boysnamedR · 10/12/2013 19:45

I also was asked to try mediation via parent partnership. But they are so busy they have only called back once out of three times. That to tell me the lea are taking the p and can't possibly win a tribunal.

OP posts:

charlieboy6 · 10/12/2013 20:09

I was due to go to tribunal beginning of Jan.
Told yesterday LEA have decided to go back to panel,after a meeting last week with EP.
Then phone call today to say they have agreed to assess DS. She even said on the phone they have a much clearer view of DS now, and I was right all along. Did she really think I was making it all up?
Such a roller coaster ride,and its not over yet.

wetaugust · 10/12/2013 20:21

Just make sure you get the LA's agreement to asses in writing Charlie.

That's important.

Original poster

2boysnamedR · 10/12/2013 20:28

I hope that happens for my ds Charlie

OP posts:

charlieboy6 · 10/12/2013 20:37

I should receive the letter tomorrow, it was posted first class.

2boysnamedR I hope you get good news too.
I was told weeks ago to hold my nerve, that most LA back down. I didn't think that would happen because I kept being told school could meet DS needs. SENCO even said she didn't believe I would win.

Ahhhcantthinkofagoodname · 10/12/2013 20:56

Hi, we've applied to tribunal for refusal to do SA. LA posted letter on the 6 week deadline to say its a no because they haven't got a report by a member of their own staff, that's apparently a pre requisite for the panel, even though they previously informed me they had all the info they needed for the panel! They will apparently reconsider when they have said report. We immediately appealed to SENDIST and sent LA a letter back telling them we had appealed and by the way they hadn't complied with the SENCOP (if it's a no they are meant to say how they think your child's needs will be met - "no because we are disorganised / trying to string things out" doesn't really count!)

So we are now anxiously waiting to see what panel will say later this week, but I've been assured by LA on the phone when they called in response to our letter that it will be a "proper decision" this time. I guess if it's still a no the appeal has gone in, the only thing is I haven't received anything back from SENDIST... Can I just ask how long others had to wait between sending off the forms and hearing about a tribunal date or the next stage of the process?

Original poster

2boysnamedR · 10/12/2013 21:36

I only waited about a week or two from lodging appeal and getting a tribunal date

OP posts:

bjkmummy · 10/12/2013 21:50

For me it was about 2 weeks, give them a call if concerned. Tribunal staff are lovely :-)

pannetone · 10/12/2013 23:11

2boys when will your tribunal hearing be? What's the wait like for that? (I am waiting 9 months on for a date for a DLA appeal tribunal...)

I put in for SA for DD in November - the 6 week deadline is up on Christmas Eve!

Original poster

2boysnamedR · 10/12/2013 23:46

It was about a five month wait for a tribunal date. That's about what I expected

OP posts:

JJXM · 11/12/2013 10:33

Five month wait for us too.

pannetone · 11/12/2013 13:34

Just to clarify - you mean that you now have a tribunal date which will be 5 months from when you requested the appeal? (With the DLA appeal I'm waiting for a date, which in theory could be within 14 days of getting the letter.)

Flip

1 2