delaying statutory assessment

[iloveithere]

We chased and hassled the school to get a statement request in to the LA before the end of last term.

I have just found out today, (after calling LA cos they had not contacted me) that they have decided to put it all on hold until after 1st Sept so he can be assessed in the new system.

I don't really mind which system he is seen under, I'm just fed up of another delay, and that no one told us.

Apparently the new system has a 20 week deadline as opposed to the 26 week time limit under the old one, so we are not really loosing much, but they could have had the decency to tell us!

Who is they - the school or the LA?

It is always best to do things like a request for assessment for statementing to the LA yourself, in case the school holds up the paperwork or possibly loses it, etc! At least if you do it yourself (and always send any letter/reports by signed for delivery), then you know its done!

The la are delaying it. Apparently they told the school, who didn't pass on the message to us. Not surprising,seeing as its the school holiday, but the man from the la seemed surprised.

Personally, I don't see any action as benign or in the interests of the child. I would phone IPSEA. They are still around during the hols and if you phone as soon as the helpline opens, you should get through.

Most requests receive an initial refusal (under the statement regime) so the timeline to carry out assessment is not the crucial thing. Does refusal have the right of appeal or do you have to go to mediation first? This will add delay. And then you have to add on extra time for the provision you agreed at mediation to fail succeed. Some LAs are only giving EHCPs to those DC in m/s with a certain band of 'statement' with a high level of support.

I don't understand, Keepon, what harm could come from delaying this 6 weeks?

I find it frustrating, but don't see it as intended to harm or hinder my child.

But I am new to all this, so please can you tell me what you are thinking will/could happen
thanks

If you wait until 1st sept then it will come under the new system which is 20 weeks so is indeed shorter than the current system. If however they refuse to assess you then have to go through the new extra stage of mediation and getting a certificate before you can lodge your appeal and it will be a new system for everyone so I think it will be in reality a much slower system initially as the people who need to issue the certificate need to know what they are doing.

The reality is I guess that the new system is just a month away although what the lA have told you is actually unlawful and they shouldn't be delaying it due to the new system full stop. I would speak to ipsea as I think they would be very interested to hear that your LA are doing this.

By delaying the application it will be judged in relation to new legislation about to come in in September. It is not now law. Speak to IPSEA. Nobody knows what will happen (including most LAs and schools) but I would bet my bottom dollar that this will not be an improvement in any way - and it was unbelievably bad before!

Sorry to be so naive (sp?) but I would have thought a statement of sen would only deal with education/school, where as a ehcp would deal with his health needs too,so being better and more holistic than one only concerned with what happens in school. Or is that me just being daft???

In theory you are right but it's a whole new untested system - and I doubt that come sept suddenly there will be more NHs services available ie OT, SALT, I expect parents will still have to battle to get these services. The system is currently at breaking point and then with higher expectations come sept the whole thing could just grind to a halt. I'm midway through an 'old' assessment and they had no paed available to do the assessment so we got a 4 minute phone call and that's the whole NHs assessment so far

The NHS are refusing to play ball. So it appears to have been agreed that they don't need to provide what is in the new EHCP, iirc.

Under the old system, if it is an educational need, EVEN if it comes under 'health', then the Education Department from your LA MUST ensure that the provision is there for your child, even if that means buying it in privately where the NHS don't want to provide.

oh dear. He is already seeing EP, SALT and OT, and CAMHS but I understand that these will all have to be re-appointed to do assessments just for the purposes of assessment,. That seems like such a waste when they already have reams of paperwork about him.
I will call IPSEA tomorrow and see what they suggest. thanks all.

Under the new system the LA have more of an argument to push things under 'health' instead of education, even if they ARE educational needs, and then health can refuse to provide it on cost grounds (in the same way they can refuse cancer treatments etc.).

Even if ultimately they can eventually be found to HAVE to provide this, the muddle and the confusion around the new system will mean it could be years before you work out how to make them.

Those professionals won't have to be reappointed. It is likely they have enough information to feed into the overall assessment without coming out again.

I know someone who has just had an assessment agreed under the old system so it is still there, and still running. The last day for a request is 31st August.

Its so confusing, I feel like I'm running into a brick wall all the time. LA told me that even if he gets a statement,it would just need to be converted into a ehcp, so we are saving time by going straight for one.

Actually, I think I'm loosing the will to fight the authorities. At the moment he is getting lots of support out of school (cos I have self reffered to lots of services) so I might just use the holiday to regroup, recharge and be ready to fight again in September.

Everyone has to be converted to the new system, but those who already have statements will be converted much later. They have 4 years to do this. Most LAs will wait 4 years because that is the cheapest option.

If someone requested SA under the old system on (say) 28 Aug, they probably wouldn't get the 'refusal to assess' through till 6w later, ie the first half of Oct.

And then there's 2 months maximum to decide about appealing & send in the forms.

So... if you're thinking of waiting but think you're going to end up fighting, you could rest for the whole summer but do a very quick cut & paste SA request at the end of the month.

Might be worth it to keep the option of fighting under the old system.

this is going to get confusing come 1st sept - im awaiting to see if I get a statement or NIL - all due by 23rd aug but suspect LA will push it to 1st sept - then what - do I appeal as normal under the old system or do I have to do the mediation thing before I can appeal - who knows - time will tell but I expect we are all in for a lot of head scratching come September 1st. I first applied in December 2013 and still don't have a statement just to give you an indication on how long LA can drag it out for.

I am not expecting a refusal to assess. The application was 20 pages long, showing all the schools input, and that from other professionals, showing a graduated response and how ds reacted to each intervention. All professionals involved agree he needs more help and that the school have tried everything they know how to.

Does anyone know the stats on how many refusals there are compared with those that get assessments first time around?
I could not cut and paste the form onto a new application, it's all on the school computer.

My main worry would be whether they will process the application on 1 sept because my LA has rewritten it's process with new forms etc and is (unlawfully) sending back requests to schools to redo on new forms etc. I don't think it matters too much which process you are under because LAs have their own policies anyway and ignore law and Code of practice most of the time. You will get an assessment based on what local policy and practice is. But I would not be surprised if the LA wait until mid sept and then write to school saying we need you to use a new form etc. I would want to be absolutely sure the LA has everything it needs to start on 1 sept and knows as far as you are concerned the clock started for 26 weeks from the original date. As you say most LAs will convert any statements issued now anyway.

the new EHCP regarding health and education is indeed very worrying. I am sure that only the education part of the EHCP is legally binding. Therefore most LAs will insist that SALT and OT etc will have to be included within the health section.
It is already so difficult to have SALT and OT named in part 3, this is without the new changes.
My LA have flat out refused to include SLT and OT within part 3, even telling the judge at tribunal that it is not their responsibility to provide therapies, that is down to the NHS.