post tribunal - what happens when you win a refusal to assess?

[bjkmummy]

its been two weeks now since we won the tribunal and so far I have heard not a peep from the LA - complete wall of silence. I know they have 4 weeks to deal with it but surely I would have heard something? after the last appeal over my son they contacted us quite quickly but that order did state they had 2 weeks to reissue the statement so I guess that's why we heard something so quickly then.

so in reality - what were peoples experiences? did you hear anything? how do I know they are even doing anything? god forbid for all I know they may even be looking to appeal - that's my mind now working overtime due to their 'silence' I know I could contact them but I don't see why I should have to but know I may well have to!

I think they can only appeal if they feel the decision was reached improperly. Say if you'd delivered all documents to their houses, in an intimidatory manner, for example.

got the letter today from them - the tone of it doesnt bare well for the future at all and I think we will deffo be back at tribunal - they have until mid july to get all the reports in so statement will be issued end of july or my right to appeal so just before august so appeal will be lodged beginning of sept - exactly the same as 2 years ago with her brother. they are just getting the generic paed report and LA EP and report from school which no doubt gonna be gushing - I intend to submit the bloody tribunal bundle as my parental info (although slightly modified of course!) on a positive - they are appealing

I mean NOT appealing!!!!!!

I am also submitting my tribunal bundle bjk ! Along with some more bits that have come to light since the tribunal, our final evidence date is Wednesday!! The LA EP is coming to talk to me on Monday!

I phoned the SEN team and asked if they would be looking at the bundle as part of the assessment and they said it wasnt in Dd3's file!! So I said dont worry I will sendyou one I have plenty of copies

What are they like??

I've got the dates muddled up - once my reports go in in mid July they then have 4 weeks to think about it taking them to the 10 week assessment period which means we won't know until the end of blooming August ! And if she is statemented will be well into October before its finalised......

I doubt that unless I submit my reports that the la would look at them so both the EP and medical people will be given copies. The LA are not asking for her to be assessed by salt and OT - they will no doubt say I have to ask them? When the tribunal have ordered the assessment is needed to identify ALl of her needs. That said as I have indie EP and salt reports they can use them! Let the fun begin.......

Why can't you send your reports in now?

I can send them in now and probably will do in the next couple of weeks. Only got the official letter today, I may be getting further reports done as well so need to crack on with that as well

I wouldn't bother spending on new reports just yet. You've got the old ones, if there's been no intervention worth mentioning, it's highly unlikely that a miracle cure has taken place.

You can call your indie people and ask them to pencil your dc in for when you think you'll need them. But I'd wait to get new reports till you know the date of the NIL appeal. Otherwise they'll get something more recent in just before the hearing and you'll pay twice.

Get your timings right and the NIL reports might do for the parts 2,3 and 4. They're trying to make you wait till its all EHSCP (or whatever it is they're going to call them) and then say criteria have changed.

think you have a point about the criteria changing as I know from a source that the LA have re wrote a new criteria for the EHCP - im not going to get an EP report yet - that I am going to wait for once I get the NIL or if god forbid I get a statement and I need to appeal that later on - for now am mainly going to use the reports I have got and doesn't sound like the LA are going to do much more digging and get more reports themselves as I think they would be worried what they might uncover - that happened last time with her twin brother. I think it will be interesting to see what the LA EP comes out with.

just going to now get my parental views/reports in and then sit back and await the appointments for the assessment. and enjoy my summer holidays

Bjk, can I just ask a quick question about timings? We too are just starting SA (LA recently conceded our appeal). The deadline for all the reports is 1July and we've been told the deadline for LA to then issue draft statement is 22september. This is a much bigger window than yours and I'm wondering if they've got it wrong? Can't seem to find a timeline for this anywhere. Do you know what the set number of weeks this bit is supposd to take?

I think I've found out the answer to my question. The mumsnet timeline says this bit can take12-18 weeks. Bloody hell...

with mine deadline for reports is 10th july which is 6 weeks from the letter - then 4 weeks for them to think about things and then tell us if they are/aren't issuing a statement then 2 weeks to issue a statement then 8 weeks to finalise

the other thing to bare in mind which I haven't looked up yet that they can exclude august in their calculations when it comes to the dates as hidden in the code of practice it states something about school being closed for more than 4 weeks - but in reality they will have all the reports before schools close so they should just get on with it but whether they will decide to discount august we will see.

then remember if they issue a draft statement on 22nd sept they have 8 weeks to finalise so that's going to be way into November - its madness isn't it! looking at your dates card I think they are discounting august in their calculations - which means if mine do the same I could not get a finalised statement until December!!!

Ah yes the august thing. Thanks for alerting me to that. It's a bit annoying coz we're applying for secondaries this autumn and I'd hoped we'd have a statement by then so we could have more control over which one he goes to but it might be too late for that.

im in the same position card - as my daughter is year 5 currently - the local secondary have said if she gets statemented with specialist teaching on it they will refuse her - they've also said that statementing her will make her stand out as only one child in year 7 currently has a statement - joys of an academy.

the other school is further away on a long bus ride and they suggested I got her statemented as she will need support in every single lesson plus they do have specialist teachers but I run the risk that without a statement and so far out of catchment we will not get in. its a nightmare especially when she is currently in a school of just 24 kids!!!

if it comes to it you go through the usual admissions process and name your school then when you finally get the proposed statement name the school you want and they will consult the secondary school and then hopefully they will name it on the finalised statement. they don't have to take 8 weeks to finalise but I think they do it just because they can

Even my relatively well behaved LA (saints compared with yours) stretch everything out to the last possible moment, only to have things done quickly when you give them a prod towards (or even after) the end of the deadline. The only time we've had a faster turnaround was for DS2's updated statement, last year, but all the added advice came from local NHS SALT, so complied with their unwritten "policies" anyhow.

'Statementing will make her stand out'? What a strange thing for a school to say. That would be only if they make it so.

yes - that was the counties flag ship academy which also has the specialist unit which now publically refuses to accept children with ASD - has gone from being a flourishing unit with over 20 kids in it to now just 5 kids. I give it 2 years before the unit is closed and the academy becomes selective. they also said that with my daughters current low academic attainment they may well not accept her and that she would join the school, be placed in a normal class and they would see if she sinks or swim first before they offered any help - also said in front of my daughter. and of course we were advised to go and look at other schools.

we spoke to them on 2 separate occasions and spoke to two different members of staff just in case we had misunderstood them. needless to say she is not going there and why we are fighting for the other secondary albeit further away but the sen team seemed excellent and welcoming

Attitudes like that (the school's) make me angry and so so depressed at the sane time.

'Same' I mean.