Appeal against Refusal to Assess

[mumsuz]

I am preparing the Appeal Reasons. Any advice gratefully received from those that have been here before.

The refusal letter just said that my dd did not meet the criteria and the LEA think that her needs can be met from the school's delegated budget.

I think I can show her various needs generally and by reference to the LA's criteria (speech and language, learning, emotional, physical, sensory, medical - quite a lot!).

On the CAF form, the school listed all the interventions that they are doing and gave lots of detail about my dd's issues and that she basically needs a differentiated curriculum so I can add all of that in.

However, I feel like I am just repeating what I said in my original application. Is there more I should be saying/evidencing to the Appeal Tribunal?

Thanks

You will feel like you are repeating yourself, just try to say everything you feel you need to say.

When you prepare your evidence for the tribunal hearing you will probably say it all again!!

If school have supported you then they should be saying the same too.

Good luck

The LEA seems obsessed with numbers. They didn't bother to even read all the details in our application and just said no. I asked why and they said that school hadn't demonstrated the need. When I asked they hadn't read school's covering letter when they told the LEA that they were unable to assess him as he was so far behind which is why no grades were submitted! I ended up requesting the criteria and listing every point against it. After the initial "hiccup" he got a full statement and placement in specialist school! I think they just say no as standard to see how serious you are most of the time. They certainly do when they know they're near a legal deadline so they can buy themselves more time. Good luck with it!

Thanks. Got to get the appeal in before the beginning of September and just feeling a bit overwhelmed by this next stage!

Appeal reasons are that the child is 'complex' and needs are difficult to unravel without assessment. Child 'probably' needs a statement. School have tried but failed to adequately educate due in part to not understanding needs fully and it is your belief that when they do their resources will not be sufficient.

Thanks Starlight. Will let you know how I get on.