Got my reason for refusal with a hour to spare

[2boysnamedR]

No real reasons, just said school can meet his needs at school action plus.

They are calling in a educational phyco who has never met him ( what a joke! How can I believe this person will give me a balanced report when he has been called as a witness against my child!) also a representative from his school. A therapist tbc - wtf? He doesn't see any therapists at school - only my private slt who has been working with him for two months now!

I have a feeling it's all going to get very nasty and if the school oppose me and he loses this appeal they can go to hell and try and 'fix him' with no support from me. If they oppose me and then turn round and say they can't meet his needs at a later date that is there problem.

Towie does make a good point about them sending in EP etc for assessment is like saying your ds does need assessment.

However they are crafty, what they did with us was school called in Visual Impairment Team and ASD Outreach for 'advice', so they called upon services available to them, without my knowledge. I only knew as Ds told me. It was more so these services could give school a pat on the back and say they were meeting needs.

Oh I had better get my slt assessment to them so they then can't do another full assessment in him ASAP. Not that they are calling in any qualified salt as they simply don't have those resources. I will also ask if she can do another when the six months from the first one is up so there is no room for argument. I will just inform the school not to call in anyone to assess his slt as I plan to re do assess him with the person who is leading his care. Actually I had better not had I? Just ask before I assess if they have formally fully assessed him. If they redo it the next month then there's is worthless? As you can't do two slt assessment within a six month period?

That argument about not allowing the LA to send people in to assess if they have refused to assess doesn't really work. The other side of the coin is that the tribunal will ask why, if the parents want the LA to assess, they are preventing them doing just that.

The LA, if it has any sense, will say they want to do this because if the advice they receive is that the child has greater difficulties that they think then they will concede. In most cases the tribunal takes a very dim view of parents who try to obstruct LA experts for the sake of it, though they will accept the argument that it will compromise independent reports if the LA people go first.

The issue of time-barred assessments is actually a very real major problem - especially if you do back-to-back appeals, as I had to do (1. Refusal to Assess, 2. Appeal against Final Statement). It is not a game nor a tactic but a very real problem.

My poor boy had so many assessments in less than a year, that by the time it came to the LA getting their act together in the run up to evidence deadline for the 2nd appeal, all official assessments had been "used up" (for want of a better term) by both sides (ie LA and me).

So the LA EP could only do an observation in her offices (he was home ed'ed by this stage) and also talk in depth with my indie EP who also shared her assessment results with the LA's EP. I also gave the LA full access to observing DS in his out-of-school specialist SEN centre who taught him one day a week and for her to discuss DS with the tutors there. Foolishly the LA did not take up this offer - which didn't go down at all well with the Judge who heavily used the evidence from the tutors/centre (who, after all were giving the equivalent of school/educational advice)

Although in my DS's case ALL experts (LA and indie) agreed with each other and it was just this lone EP who was toeing the LA party-line and ignoring everyone else's opinion. The judge went to great lengths pointing this out in her Decision - that all evidence was pointing to one conclusion - except this lone EP

Tbh tho, it IS all a game - you're damned if you do, and damned if you don't. It depends who the panel is, who the judge is and what way the wind is blowing on that particular day. And even the judges can't agree with each other and will overturn each others directions (obviously, in the days pre-Tribunal). I had last minute dirty tricks by the LA which a judge agreed with me (less then 12 hours before the hearing) and so overruled the LA. But then on the day of the Tribunal (ie 12 hours later) the Tribunal Judge overturned her colleague's previous-day's decision! Although i was furious, in the end, it totally backfired on the LA during the hearing.

One panel will agree one thing and another will think something else. It is a totally unfair system.

I really don't believe I will win now as its the same old focusing on one flawed salt report which is outdated and a total inability to see my son as a whole with complex needs and many learning difficulties.

Tbh I really lost faith long ago he will ever get what he needs from the state when he turned two. I can only try my best to get him what e deserves from the system whilst formulating a back up plan.

If the school argue on the day that they can meet his needs within budget then they are in for a rough ride as I will be up there every bloody week for the next x years asking why the hell they can't teach him to count to ten or recognise the word off as this is what he boils down to. The absolute lack of ability to grasp the basics. It is what it is.

2boys, have you filed the paed report you mentioned? I would have thought that would help your case. And are you getting an independent ed psych report?

Thanks for the offer of help manish. I have a open case with ipsea. I have two people helping my case but neither in a formal / professional capacity. Both have every day knowledge of tribunals but are helping me as a favour for friends.

I haven't filled his private salt report or his diagnosis frm the pead and latest ot reports. Both nhs reports are same old same old but stating dyspraxia and sensory processing disorder.

I don't know if I should get a independent psych of not. School say no ipsea say yes and from what's written here on this thread I don't know what to do now.

I'd say if you can get an independent ed psych report, then do. If you think the school is going to oppose you, it's hardly surprising if they're telling you not to get a report.

You need an EP that's used to tribunal work, they tend to know how to write reports properly. SOS SEN could probably make a few suggestions.

It is a matter of timing and money 2boys. If you work on the assumption that you will probably have to appeal a)refusal to issue a statement or b) the contents of a statement EVEN IF the agree to SA.

If you get SALT, OT, EP etc reports now, they will be out of date by the next step and it would have cost you a fortune.

At refusal to assess stage, all I did was get indi EP assessment, knowing full well I would have to appeal the next stage and WHEN I was fighting for a or b as above I would then have to get SALT, OT and EP assessment.

2boys

The big mistake you are making is that you are continuing to talk to the school.

Asking them whether you should get an Indie EP report -Why?

The school has as much experience of winning suitable placements at Tribunal as I do of knitting an artifical heart valve while bungee jumping.

Talk to IPSEA, to the folk who are helping you byt as far as school and LEA is concerned - stop talking to them. Keep your powder dry.

Claw's advice above is absolutely spot-on.

When are you going to start believing that you can win this refusal to assess? If you are defaetist about it you will be. Stark but true.

If you can only afford one indie EP report them it's best to wait until they either offera NIL or a Statement that is rubbish - as you would need to revisit SEND in either case.

If you can afford 2 EP reports then I'd get one now. But you really don't need all those other private reports.

Best wishes