Refusal to assess....breakthrough with LA???

[lulurose]

Hi all, we are taking our LA to SENDIST tribunal very soon over refusal to assess DD2 (3) prior to starting fulltime nursery. Having submitted the case statement etc... they are now wanting to meet with us to discuss putting a health care plan/support in place for September (presumably to get rid of the need for tribunal/assessment.

Now, whilst all this sounds very positive I am somewhat cynical...they aren't going to be able to guarantee sustained support throughout FS/KS1 which is what I know DD will need...I reckon they will offer emergency support for nursery and say they will assess her further in the Nursery year. Has this happened to anyone else? I'm pleased they are at last communicationg with me, but don't want to be back at square one at the beginning of Reception year.

What does everyone think...we've put so much into the appeal I feel "up for the fight" IYKWIM...

Any advice/experience gratefully recieved. DD2 has compex medical needs and speech and language needs too.

Thankyou

I'd go for the appeal - they can still put together a plan if that's what they want to do, but the statement will guarantee long-term - they may even cave in at the meeting - good luck!

I suppose it depends what your aim is? DD got full 1:1 after just one assessment from the Area Inclusion Co-Ordinator, which, we have in writing, lasts until she is at school. Then we will have to assess her needs re: statement etc.

So if it is support you want, then you may be able to get it more easily if you don't go down the statement route straight away.

If it is guaranteed support you want, then a statement will be the only way to go.

Go for the appeal, only a statement is legally binding. My ds4 has had a statement since starting nursery, was a fight but well worth it.
Once you have a good statement, review is much easier.

sorry, that would be ds3.
Ds2 does not have a statement yet, but I am in the process now.
So much more tricky to get statement while they are at school.

Thanks all. Sustained, guaranteed support is what I'm after.Maybe I should go to the meeting, see what they say, and if its not what I know she needs and they are still saying no to a stat assessment I should press on. Maybe they will then agree to assess her without going to tribunal, if I show I'm serious....I just don't know.

Even guaranteed support till school is pointless if it will then take a year to get a Statement (which is can - J's did)...I wouldn't take anything less than a Statement because you lose all your rights without it (or rather don't gain any legal ones) and so it is all a whim, to be offered and withdrawn as they choose, not based on a child's need.

sorry... which it can