Note in Lieu. What now?

[flyingunderpants]

I really don't know what to do. :-(
I feel like I have failed has a parent. :-(

I can't stop crying.
There is no way I can talk to anybody. :-(

Don't cry, you've done an amazing job to get as far as you have and it's not the end.

You have the right to appeal. So go through the note in lieu carefully, and decide if you agree or disagree with each point.

Think you can appeal it!

Sure someone said on here that it is another try on like the resual to assess one and that the LA's think parents will give up and go away.

Hope someone with more knowledge than me comes along!

You havr not failed, you have done well to get this far, dont give up now you are almost there

Sorry crosspost with lougle

I feel like we are running out of time for DS, to receive a decent education.
This has been going on since pre-school, DS is now in year 4. Only 2 more years before high school.

I can take LEA to tribunal but not sure what to do.

Thanks for replies :-)

I really don't know what to do Yes you do, you knew you need to post on here and ask the geese what they did when it happened to their goslings

I feel like I have failed as a parent Yep. It'll pass, It's just the free-floating guilt typical of mothers whose dc has SN.

Goes like this:
my dc should have a straightforward life
so I should cure the issues.

that isn't realistic,
I'll make 'systems' adjust, so my dc doesn't suffer unduly
I failed to do that, I must be a bad mother
Everyone lately seems to get a NIL, it's not just me
If I could somehow explain, common sense would prevail
Let me ask the geese for advice

Having a child with SN is like an exam ;-)

Statutory assessment module 3

Q1) Is current progress adequate?

Q2) Is minipant getting effective support under SA+ at the moment

Q3) Does the NIL describe the challenges correctly?

Q4) Are there any notable omissions?

Q4) Will the measures proposed in the NIL (if any) ensure minipant makes adequate progress from now on?

Advanced paper: only for those who answered No to the above questions
Q5) Will an independent Tribunal feel confident that minipant can make adequate progress with only the support suggested in the NIL?

Yes you do know what to do - you wrote here for a start!. That is good and shows initiative. You have NOT failed as a parent

www.ipsea.org.uk is also your friend here and I would contact them for advice as well.

You must appeal against the Local Authority’s (LA’s) decision.

You have two months to write the notice of appeal and get it to the Special Educational Needs and Disability (SEND) Tribunal. Mark the date on a calendar, to remind you of the deadline, but do your notice of appeal as soon as you have all of the information and supporting evidence that you need (although you should only send photocopies).

See What You Need To Know - Useful Links – How to Appeal (SEN) for the advice booklet on appealing, or phone IPSEA’s Tribunal Help Line on 0845 602 9579 if you need further advice about appealing.

Appeal.

What reasons did the LA give for issuing a NIL? Minimise need and/or say could be met pre-statutory? Was the possibility of accessing top-up funding mentioned?

What you've got to keep in mind is that the bar for Statutory Assessment is as high as it is low. By that I mean that it's often said here that 'you only have to get them to decide to assess' and that a tribunal often agrees with the parent if the LA refuse to assess.

However the same is also true of this:

The LA should only make a Statutory Assessment if they decide that a child 'probably' needs a statement. That's in the SEN CoP.

That means that your LA have already conceded that your DS probably needs a statement, so all you have to show is that they've got it wrong by deciding that he now doesn't need a statement.

They won't be able to say that he's making adequate progress, etc., because otherwise they wouldn't have been following the SEN CoP by deciding to grant him a Statutory Assessment.

^ yes - so having agreed to assess because DS probably needs a statement, there must have been evidence revealed by the assessment process that things were not as severe as had been assumed and that DS does not need a statement after all.

You 'just' need indi reports that severity/need was underestimated.

[but there is the possibility that severity can be acknowledged but it is argued that need can be met pre-statutory - it would help the rest of us in this situation if we knew whether or not this approach was being tried]

There are reasons for NIL

One is that all agree based on a fair assessment of the situation, that a NIL is sufficient for your child to make adequate progress.

That is a genuine and reasonable course of action.

However, I think the climate is such currently that it isn't the only reason. And unless I was living in a LA with a particular reputation for being great I would assume it was more about jumping through hoops.

Thanks for all the replies.
Maria you made me laugh out loud. Thank you
Ok I'm over feeling sorry for myself. Back to the fight.
Been reading the EP's report. She has said DS has complex needs and will most likely always need support. Also the gap between him and his peers is widening. So that's a starting point.
Still going through paperwork bit by bit, trying to take it all in.
Spoke to DS LEA caseworker, but don't think that was the best move today. I was too angry and got upset.
But the fight goes on.

NIL is saying he does not need a Statement.

However, you cannot prove a negative.

So appeal.

They'll probably back down rather than be dragged to Tribunal.

There are a number on here who had a NIL that on appeal secured independent placements with expensive statements.

I fully expect to be in your shoes soon. It's just another step on the ladder. If you don't climb the next steps you can't get off at the top.

Appeal. Let the judge decide.