LA assessing dd when I have not given consent and tribunal order states no further assessments to be carried out

[billiejeanbob]

After an 18 month battle with the LA our tribunal panel ordered that they must issue the statement to include our indie experts provision - slt, OT and specialist teaching.

LA were very reluctant to do this, but after being threatened with JR proceedings by my solicitor they issued the statement.

The order from the tribunal panel includes that my dd should not recieve any more formal assessment as she has been over assessed - 3 indie assessments and 5 LA assessments. Also dd's paed has written a report (which both la and school have copies of) stating that dd should not undergo any more formal assessment until annual review. During the lead up to tribunal I emailed both the head and SENCO withdrawing my consent to any formal assessment without having been previously informed. SENCO replied and agreed to this.

yet on Fri my dd comes home with a slt report in her bag detailing her most recent slt assessment! This is an indie slt who has stated she has been instructed by the LA to assess dd and her need for therapy (WTAF? ). The report then details the assessments used (celf4) and these are the same that my indie expert carried out 3 months ago! SLT results are exactly the same as previous assessment and her recomendations are also the same as my indie expert.

So not only have the LA instructed a slt to assess against the tribunals order and without my permission, dd hasn't actually been receiving any therapy either as the therapist has been using this time to assess. We are now 14 weeks post tribunal

Now I really want to complain about this, as I need them to know that when I withdraw consent for assessment I mean it (thinking of future tribunals). but on the other hand dd handled the assessment well and coped, plus it backs up my indie reports.

any advice? is it worth complaining and if so who to? school or LA? TIA

SLT results are exactly the same as previous assessment

So are you sure that the new SLT has actually done celf again and properly reassessed your dd herself? It's possible for a new therapist to use old data plus (say) a classroom observation in order to draw up a therapy programme.

You should've been asked to ok the classroom obs if so, but it's (possibly) closer to being justifiable if it's just the therapist's own preparation to help her effectively deliver the SLT provision that Tribunal ordered.

You can subject data access the SLt to get the email the LA sent her about your dd. indie therapists don't like to upset the information commissioner.

No she has definitely assessed dd as the report states 'I met with xxx for a communication assessment on xxx. dd initially presented as a quiet and shy girl with limited eye contact. when carrying out the test in the standardised manner xxx needed regular prompting to respond and additional time was given in light of this.'

The report also states that the slt has been instructed by the LA officer to carry out a formal assessment of dd's communication skills to clarify her need for direct therapy.

Also the scores aren't exactly the same but are very close. exact same profile of strengths and weaknesses etc.

i don't know what to saw but how dare there! it also doesn't surprise me - I was sat here thinking maybe the indie salt did her own assessment so she could see where you dd strengths/weaknesses were and then she knew exactly what to deliver but the fact that shes put in the report she was instructed by the LA officer kind of blows that theory out of the water doesn't it

Do you know if this is the SALT that will be giving the therapy? If so it may be fair enough for her to do her own assessment to establish the current baseline.

I think you need to establish exactly what has happened. I suggest you ask the LA why they commissioned the assessment and why they didn't ask you first; also ask the school why they allowed it to happen.

I suspect the tribunal order about no assessments isn't enforceable as that's not within their jurisdiction. However, clearly they should have got your permission first before doing anything.

Sounds as dodgy as a 'one old lady who left it in the garage' bargain BMW from a Dodgeville second hand car salesman

Can your solicitor get legal aid to do the JR in dd name?

Is the tribunal a court? If so, wouldn't this be contempt of court?

The tribunal doesn't have any jurisdiction to make orders about whether or not more assessments can happen. Their jurisdiction is strictly limited - in this case to requiring a statement to be issued. At most they can express the view that further assessments shouldn't be necessary and are undesirable. Therefore even if they did make such an order, it isn't enforceable through the courts.

Was this a note in lieu tribunal or a content of statement one?

If the second, then tribunal is telling the LA what to put in the statement-

and so ignoring 'do not assess' instruction might be much the same as the LA deciding to send your dd to a different school than the one tribunal ordered them to name in part 4..