6 week limit for decision to assess breached but not by much

[WhoKnowsWhereTheTimeGoes]

I submitted my application on a Thursday. I had a letter acknowledging that it had been received on the Friday it said a decision would be given by a date which was the Wednesday after the 6 weeks was up. I actually got the decision by email on the Monday after phoning the LA, therefore 6 weeks and one working day after they received the application. Is this enough of a breach in the deadline to challenge the refusal? I have already put in an appeal, but am now thinking I should have mentioned this.

Breaking the deadline doesn't give you any grounds to challenge the refusal. It's just poor practice, and if you want to make anything of it you could enter a formal complaint. It'll probably get you nowhere, to be honest, so I'm not sure I'd bother if I were you.

To challenge the refusal, you have to deal with the substantive issue about why your child needs to be assessed, focussing on the criteria for assessment in the Code of Practice.

I think it's one of those issues best filed for future reference.

Thank you, that's what I thought at first, I didn't put it in the reasons for appeal, they were purely based on DS's needs, I was just browsing old threads yesterday and s

some comments made me wonder.

I had to chase up to get the refusal to amend response for DS1 from LA, after just over 10 weeks of term time, which amounted to over 17 actual weeks - so I was very generous there. It was a one off, from an LA that normally squeezes things in within deadlines, and which got DS2's amended statement out well within any interpretation of deadlines, so I put the dates in my reasons for appeal, without comment.

It's the sort of thing that would earn a slap on the wrist if it was a recurring pattern of behaviour, but would most likely go uncommented on if it was a one off. You probably have bigger fish to fry.