Questions about SEND

[JJXM]

Ok, so 5pm is the deadline for our LEA to send the documents to us and the tribunal about whether they wish to contest. The postman has been and whilst they could hand deliver it before 5, I think it unlikely. The only post I have received from them today is that DS' school has made a request for SA and do we have any views.

We are appealing a refusal to assess from a parental request back in October. So as they are going to go for re-assessment via the school does this mean they do not have to respond to our original appeal? Surely one doesn't cancel out the other?

You might get it via email.

But also you just might not get it. Either because the LA hasn't done it, or because they have but only sent it to SENDIST.

If the case is weak, the LA have no respect for deadlines or regulations. The intention isn't to lose lawfully, but to brazenly hope they get lucky in the confusion.

I got a copy of the email to tribunal a couple of minutes before 5 pm.

My friends deadline was 5 pm yesterday. She heard nothing and at some point this morning a letter has been hand deliverd agreeing to assess. The LA may leave it until later this afternoon - they can send it by email. One of my wasn't emailed to me u til 4.47pm. I think Gloria has a valid point as that seems to appear what they have done with my friend

No email or letter. Nothing

You need to take a step back and try and relax. I know how it is, but spending emotional energy and adrenaline at this stage will mean you have none left for the end of the run.

You might get a letter of agreement to assess. You might not. On Monday you can call the tribunal and ask if they have received anything from your LA.

But as for the rest of it, just get on with your life as best you can.

Oh I didn't expect a satisfactory response anyway but thanks [starlight] for some perspective

See what Monday brings - exactly the same thing happened to my friend last week and the next day they LA agreed to assess. She did phone the tribunal peeps up and they confirmed they hadn't heard anything and that the case had been flagged up. It's hard I know not to get stressed at this stage - I remember the process well and how stressful it is, I've just put in for a statutory assessment for child no 3 so have this all to come again I guess. Hopefully on Monday you will hear something. Try and keep clam and let the tribunal do their part as well. If they do not concede the panel who later hear the tribunal will know that the LA have played games all along but I've got everything crossed they concede on Monday - I'm wondering if you and my friend are in the same LA!

Don't suppose you've heard anything!?

Manish,

Why don't you put the wording of a generic such letter on here so that everyone can benefit?

Still no word from the LEA. I tried phoning SENDIST but they said they are so far behind with their emails that they can't tell me if they have received any paperwork from LEA. So it's just more waiting.

That is not acceptable. Directions are for the purpose of getting a fair hearing. The deadline is to ensure you get a certain time before the next step in the process.

If I were you I would write a letter to the LA confirming that since you have been copied into nothing, they have not submitted any documentation and are no longer opposing your appeal.

This letter at least shows the judge (should the appeal continue) that you have been unfairly treated during the process.

That's good advice. I'll phone SENDIST to confirm and then contact the LEA in writing.

Manish, I don't understand any of that, well apart from the letter at the bottom which is very helpful thank you.

Manish, I see your recent posts and I think you sound like an alien from another site half way through and argument that the rest of us aren't privy to.

And then you write something coherent and sensible.

More of that please, and less of the other strange stuff about tweets and paracetamol. I don't think the OP will find that helpful at all.

Ok. When I phoned SENDIST on Monday they told me they had a backlog and could not confirm either way if my LA had sent the documents in. Rather than going in all guns blazing, I waited until today to make sure the LA have not sent their response. They have sent nothing. Now, I will contact my LA by letter.

My case is not a straightforward refusal to assess. When we sent in the request for SA, it was turned down and they LA asked us to resubmit for the January panel. This time round DS's pre-school have requested SA rather than us, his parents. So as the situation wasn't just a refusal to assess, I requested advice.

Thank you to everyone who has responded with help and support.