Who else has had a refusal to assess recently?

[bjkmummy]

I know there are quite a few of us now so would be good to see who else has, what stage you are at etc so we can hand hold together through the process.

I got my refusal last Thursday and put the appeal in the same day so now am waiting ..... My EP can't see her until may due to the 6 months between tests rule so hoping my tribunal is actually as late as possible and ideally mid June which it may well be but have heard others getting dates more quickly which is a worry. Also intend to get her seen by an OT re possible dyspraxia . My appeal this time is re dyslexia so going to be very very hard and I have a feeling those few cases that make it to tribunal tend to be the dyslexic cases but we shall see

My LA clearly don't like me as I didn't even get the offer to meet with them to discuss it :-)

Here is an example

www.learningtrust.co.uk/special_needs/general_information/docs/sen_doc_1k.pdf

Local policies are based on national pupil profiles/descriptors of severity of need, for eg

www.northamptonshire.gov.uk/en/councilservices/EducationandLearning/sen/Documents/PDF%20Documents/SEN%20Descriptors%20V0%205%20Feb%2013.pdf

secure.essexcc.gov.uk/vip8/si/esi/content/binaries/documents/Service_Areas/SENaPS/SENCO_Manual/Manual_Assessment/e)School_Age_descriptors-_final1.pdf

Bjk - you could always post/PM your LA and we can see what we can find (Lougle is a whizz and I bet she would love the challenge)

I have looked keep - my LA website is pretty pants but if lougle is happy to accept the challenge then I can let her know. I've freaked myself by reading old sendist cases re dyslexia and at tribunal very few parents won but the cases are now about 10 years old. In the neighbouring LA where she goes to school, their policy says no assessment unless more than 6 years behind but they have had 10 refusual to assess for dyslexia, LA backed down on 7, parent withdrew from 1', LA won tribunal for one and one is pending so not a lost cause that LA concede but have a feeling I will be the first ever tribunal for a refusal to assess in my home county

Bkj - I doubt my case went to panel, from the ways was handled I seriously doubt they even looked at his case ever. Until I sent in my attendance form for the tribunal. They only ever talked about his 'mild speech delay' it was like they glanced at one salt report and that was it done and dusted. Lucky for me I had private report that said his 'mild delay' was in fact a delay of half his lifespan and in 100 kids he would be mr 1. Still I don't believe they looked at that either. Maybe, they dropped the case five days later. Just presume they haven't looked, it's just a thoughtless process for them. Get a request from a parent = refusal

My lea do not accept diagnosis of dyslexia. Yet I still know parents take them to tribunal and win very expensive private schooling.

Because people saying 'never' means nothing. It's been proven that never can be 'sometimes'.

It's bloody hard when everything is against you and there is no guarantees - expect if you don't make a stand then nothing will change.

thanks 2boys - I feel that I have to do something - if I lose then so be it but at least I did something. she came out of school so upset today, shes really struggling but shes learnt over the years to cover up how she struggles by being the happy chatty girl - although from what she says she is making her feelings known at school as well but doubt the school would repeat what she is saying. I had parent partnership phone me today asking why ive requested the LA sen criteria - I will speak to her tomorrow and keep my cards close to my chest. school haven't said a word about the refusual although class teacher spoke to me yesterdau and was really upbeat - all very odd but it is a game so onwards and upwards and what will be will be

Yes it's a game, a stupid one with no rules. My sons teacher didn't know he was even being assessed for a statement. What can you do? Keep your cards close and like I was told - be a silent sponge, absord what yet can tell you but don't give anything back in case it's used against you. My senco says she fully backs me - but now where at assessment it's all gone silent when if she did back me surely we could be working together? I havers to meeting planned to talk about a lea report but unless I get confirmation I'm not going, will say I wasn't involved in the process and I'm not being kept informed. So that cold shoulder go right back in their face as a 'cant meet needs'.

See, it's all a game, but your girl deserves to be happy, to not to work hard to protect herself to 'fit in'.

Our kids are square pegs. School is round hole. Our kids do not need their edges worn off. The school should be re shaped to fit around the child.

Every child in the uk deserves and is entitled to a adequate education. Your the catalyst to make it happen

Do we think there are more refusals to assess than usual? I'm getting the impression that it's a kneejerk response by LAs because of the funding changes and/or anticipation of the new law and/or LA financial problems.

I'm tempted to start a thread asking if anyone has had a decision to assess without appeal. Suspect it will end up in Unanswered Messages .

I've spoken to various organisations / individuals involved in the SEN system this week, all of them agree I must assume I will get refused .

it could be - parent partnership spoke to me today but I was very careful what I said - didn't mention I had appealed. she was saying that school must put in the first £6k which is 15 hours support - that's easier said than done and what if the school withdraw the funding the following year etc. I finally got hold of my LA statementing criteria as its not published on the website - it reads like its double dutch so going to try and read it again tonight. there does seem to be a large amount of refusals at them moment although could be that im just more aware of them as im now in that position myself

Who this is a recent thing though because of the cuts I guess.

In the past 4 years I have supported 3 families through my work who have requested and been successful in getting assessed and statements written without any difficulties.

2 in my neighbouring LA and one in mine which has literally just finalised, so it could be done but now its all about money!!

Someone posted a link on FB for me yesterday containing these stats
8 out of 10 parents dont appeal a refusal to assess but of the remaining 2 out of 10 that do appeal 96% are successful!!

That tells me that we must appeal and that the LA's are playing games with us to see if we will go away!!

I told someone from my LA yesterday that parents are starting to stand up for themselves and are getting more support from the internet and that we are not going to go away, we are going to fight for our children!!

I have 3 children and both boys were assessed with no issue whatsoever - would be battles later on but at the initial statementing process got statements easily - even my son who was level 3 at year 2 sats and the LA didn't even have a school report!

fastforward a couple of years and ive now had the refusal re my daughter for dyslexia. I know the boys were asd so that may have been a factor in why they were assessed. on facebook there are no end of parents having refusal to assess and they include children who absolutely should be assessed. slowly once they lodged their appeal they are getting their assessments. one person - her LA are now 10 days over lodging their response to the tribunal about a refusual to assess. the LA seem to be playing hard at the moment.

I read my daughters scores to my indep EP and she was astounded that the LA had refused to assess her - the poor link in my case is that I only have one IEP but I cant wait any longer to watch her fall further and further behind academically. by the time I get to tribunal we will be over another IEP period and she isn't going to meet the targets on the current IEP

What annoys me bjk is that Dd3 has been on the SEN reg since yr 3 and on SA+ since last Jan, we only have 2 IEP's and no reviews for all of this time!!

The LA say there is not enough evidence to assess.... Is that my fault?? No it is the schools fault and strangely as soon as the appeal goes in and the tribunal date is set a date is set for an IEP reveiw meeting!!

It is starting to p..s me off now!

Dd3 has both Asd and dyslexia/dycalulia so obviously in my LA even having Asd dont mean you should be assessed

If it was actually being done on whether you have a good case, my DS has a diagnosis of AS amongst other things and has been on EA+/SA+ for 7 of his 10 years so there is masses of evidence but I am still expecting a refusal, I am sure it is a lot to do with whittling the numbers down.

I think the LA just chose anything they can to throw at you. my daughter was screened for dyslexia in year 2 and school flagged her up although didn't do anything - fast forward to year 4, she breaks down and we change school, then transpires how far behind she is and then she gets her dx. in the refusal letter the LA comment about this and how she wasn't placed on the sen register by the previous school - why is that anything to do with me? school kept saying she was fine blah blah blah when clearly she wasn't! im already classed as the mum looking for her children to be dx with stuff so why would I go looking for something when at that stage I had no idea how severe it was! maybe the LA should be asking how did a child get to year 5 and be so behind after spending so much time in one of their flagships schools and nothing was put in place for her - maybe if they had done something all those years ago we wouldn't be in this mess now! but no its easier to blame the parent isn't it.

im sure you will get your assessment but its just the dance you have to do beforehand to get it and all the time your children are used as puppets in a cruel game

I've just started that other thread. Hoping to hear some success stories.

just checked my LA criteria and it states 'should' have 2 ieps not 'will' have 2 ieps......

In law 'should' means 'will', but tbh it doesn't matter because a)it isn't a legal document and b)it's a blanket illegal policy.

Thats what I thought too star but it was quoted at me again at a meeting with the LA on Friday that I attended with my work hat on!!

thanks star - its 192 pages of rubbish to be honest with you. it does state what the panel should do and the records that need to be kept - will see how closely they follow that one! also states who should be on this amazing panel as well

The trouble is that the LA believe their own myths. Their training encourages it, their bosses encourage it. It probably starts with a bit of a grey area that is exploited once and then through Chinese whispers becomes a variation that becomes common knowledge and then policy.

our sen officer is known locally as mrs grey which says it all really. and yes they do all believe it and it get passed down and around the LA to they all believe it and sadly then a lot of parents believe what they are told - the LA then pass it onto schools as well which gets passed down to the sencos and teachers until it reaches the stage that everyone believes it - its taken that step back and realising that the only criteria that matters is what the code of practice says and that's quite a leap for parent to take when they are constantly told that the LA is right and that you cant / wont win against the LA. I even got it off the parent partnership officer today - I do just nod and then disregard their rubbish

I agree bjk someone needs to tell the LA's that parents are not stupid and are going to start rebelling.

I already have a reputation for being a maverick senco!!

I dont work for a school so dont have to toe the party line, my poor manager shakes somedays though when I get started!