LEA failing to comply with Statutory Assessment timeframes

[chocom]

This is my first post but I would really appreciate some advice if anyone has any! We are in the process of getting a Statutory Assessment carried out for my ds, aged 8, who has a diagnosis of AS, Dyspraxia and Sensory Processing Disorder. The LEA agreed to carry out the assessment in early November and we were expecting a decision next week about whether they would issue a Statement. However, the LEA has now told us that as they don't have the medical assessments - OT and SALT - (basically they forgot to request them until it was too late) they don't have to comply with the Statutory Assessment timeframes and we are left with no idea of when we will get a decision. They have told us they are taking the delay seriously but as yet we don't even have a date for either assessment and when I phoned to try and make one was told there was a 4-6 month waiting list. It is frustrating that we have provided them with two different private OT assessments and they are insisting on carrying out their own and causing this delay.
Does anyone know how long the LEA can drag this out for?

You're not going to like my answer, but Annex A of the SEN Code of Practice <a class="break-all" href="http://webarchive.nationalarchives.gov.uk/20130401151715/www.education.gov.uk/publications/eOrderingDownload/DfES%200581%20200MIG2225.pdf" rel="nofollow" target="_blank">webarchive.nationalarchives.gov.uk/20130401151715/www.education.gov.uk/publications/eOrderingDownload/DfES%200581%20200MIG2225.pdf here, gives exceptions to the time limits. One of them is that if the LA requests the reports but they don't come in time, they can exceed the time limit.

The other is that if they ask for reports from a health body, and they haven't previously seen your DS, then they can exceed the time limits.

There is no limit placed on the exception, that I can see.

Hello we have had issues with our LEA complying with the guidelines too (but with regard to deciding whether or not to proceed with SA). I'm sure plenty of people with far more knowledge than me will respond soon but, based on experience, I would suggest getting very familiar with the SENCOP.

I know that once the LEA has asked a health professional for their input they should respond within six weeks (as per the SENCOP), so if they have only just put that request in they may have to wait six weeks from now.

Can you get them to confirm they have now issued those requests? The OT should comply with the six week timeframe even if they have a "waiting list" longer than that, this should over-ride waiting lists... Can you ask your LA for a date by which, in light of the mistakes they have made, you can now expect to receive a decision and draft statement?

You're supposed to get a draft statement within 12 weeks of them starting the SA. But that takes us to end jan / early feb which they won't make if they've oly just made the requests to SALT and OT. Maybe let them know that you know they are not complying with the SENCOP and are considering submitting a formal complaint about this...

Good luck, this has made me think I should ask my LA who they have asked for reports in case they do this same thing, they are slippery bastards - for us, they strung out the 6 weeks for deciding whether to assess over 10!

I haven't got this far yet, but the LA went well over the timeframes to respond to request for SA. I got the local MP involved at that stage.

I'm on my phone at the moment so can't read the SEN CoP for the precise wording. But going on what lougle has said in her post, the CoP states "requests" and "asks for" reports. However the OP's LA did not request or ask for either SALT or OT - they "forgot".

So, on that basis I would say that they have breeched the timelines.

My LA, who appear to like to stick to timelines even if that means breaching other statutory duties also "forgot" to request SALT and OT. But they stuck to the timelines and issued the proposed Statement on time and then did their own NHS SALT assessment in the window between proposed and final statement. (But then still totally forgot to do the OT so had to use my indie one. )

So from this, as it was my LA's fault for not getting the reports done, I assume that they still had to abide by the normal timelines.

I don't know your back story so don't know if you've had to fight to get this far. Depending on your relationship with them, i would be tempted to request that they notify you if they intend to do a Statement now - based on the reports they already have (inc your indie ones) - within the timescales. And tell them that they can carry on doing the other assessments in the window between proposed and final statement. If they don't agree to do this, then I would put in a formal complaint to the LA - which is a slow process but it might focus their minds if they think you will be complaining.

Thank you so much everyone for all your replies. They have already given me lots to think about.

A bit of background....my ds has hardly been in school for the last year. He was "asked to leave" two independent schools due to his meltdowns and is now at a state primary. The LA agreed to use emergency funding to provide him with 18 hours 1-1 support immediately and my ds has unfortunately already had one fixed term exclusion at his present school following a meltdown when the promised support was not in place as it should have been.

The LA agreed to our request to assess without a fight. An EP came into school to see my ds but he became so anxious that he chased her out of the school. She has told the school and me verbally that he will be getting a statement. I therefore do not believe the statement decision in any way depends on the outcome of the OT and SALT assessments.

I have been told that the LA finally requested these assessments in mid-December, just days before the deadline for submitting evidence. What's so frustrating is that I wrote to the LA to ask what assessments they would be carrying out when I heard they had agreed to assess but they did not reply. If I had known, I would have been able to chase them up myself. I have also told the LA that it is highly likely that my ds will not be able to cooperate in any assessments anyway as he is so anxious and has had such a stressful time with assessments in the past.

It does sound as though it would be worth asking the LA to make a decision without the assessments and carry them out at a later stage as you suggest TOWIE2014. I will also consider whether to put in a formal complaint as it is clearly their incompetence that has caused the delay.