Panel decision tomorrow - what do you reckon

[fightingtheLA]

will be their reason for refusing? Have already refused 4 years ago for reasons which I know now were just fob offs.

Reasons for refusal...you forgot to put a fullstop on the second-last page, thus voiding all paperwork.
"This application makes no sense to us at all, you are now claiming that your ds needs are greater now than 4yrs ago,(when we should have intervened),do you think we were born yesterday?!!"
"You are clearly neurotic and over-anxious."
"Are you receiving treatment for your Munchausens?"
"Its raining."
"Its Tuesday."
"Cos we can!!!" HTH.
Seriously, good luck, let us know how you get on.

LOL. Thanks Bigpants will update when I know.

Good luck, fighting

Good luck fighting. They might know that you mean it as it is your second attempt. Hope so.

Thanks sib/Star. Yes,hopefully they can see I mean business and after all the great advice on here I won't be fobbed off again!

Good luck, fingers crossed they might not refuse.

Will you find out today, or do you have to wait the 2 weeks?

Good Luck!!

Star they have to give me the decision by Monday in any case because of timescales but I think I will try to contact caseworker later today. In some ways I really want to know but in other ways I really don't iykwim! I can't help thinking there will be another poor excuse and then we have all the hassle of having to fight at tribunal. Know that their budget has been reduced so they will obviously do all they can to avoid assessing. Have tried to be as convincing as possible in my evidence but not feeling too hopeful.

Fighting Try not to worry. If you have gone to the bother of applying you obviously are convinced it is necessary so it is a matter of time rather than 'if'. SN brings with it a hellova lot of 'waiting' and 'chasing'. This is just one more of those things and the level of waiting or chasing is dependent on your area.

Like the rest of us really, I suppose you have to focus on the goal and not worry to much about the journey, just ensure you have a steady pace and take one hurdle at a time. Don't be frightened at this stage because you have a plan B and you are determined. That's all that matters.

Have just called to see what's happening. Caseworker not in for a few days and her manager not in either. When asked who should I speak to "don't really know" was the response . Told that meeting was still ongoing so to try again in another hour. No doubt when I call back there will still be nobody to speak to

Ask who is chairing the meeting, and request that you are put through to that person.

Have 'phoned back and there is no-one to talk to me about it but the application has been refused. Case manager will call me back tomorrow with the reasons. Thought I had done enough

It's okay fighting. Remember claw's story. Never was there a child more in need of a statement and that go refused, and then it got agreed.

Try really hard not to take it personally. They probably speculate that you don't have the strength, resources to follow it through because if you did you would have done it last time. It's a numbers game from their perspective. They probably refused them all. Heck, there probably wasn't even a panel.

Download the forms from SENDIST for refusal to assess, and then download the guidance from IPSEA and don't panic. It's a marathon not a sprint. After you have spent a couple of days digesting the information give one of the charities a call and ask whether at this time of year it is better to appeal or to simply reapply for a statutory assessment. You don't need to wait 6 months to do this btw, although the LA might suggest that is the rule.

Sometimes submitting a new request with an independent report shows enough that you mean business and gets you an assessment faster than appealing.

Star - we didn't want the last assessment! Long story but basically his infant school was awful. At the start they didn't even say what school action was just asked me to sign a form so he could get some extra help. They didn't even fully explain what the assessment was about and because we had so much difficulty with them and believed that they were causing a lot of the issues we didn't want it as we didn't trust them. Ds is now having to have professional counselling for all the trauma sustained there. I advised LA that trauma was due to total failure of school to understand and meet his needs so you think they would take this into account. I will await phone call with interest to see what they have to say.

I hope that you get the answers you need fighting and keep trying for that statement.

My DS was refused the first time the school applied for SA because "the paper trail was inadequate"

I totally agree with star, I think they depend on us being a bit naive when it comes to our rights and not having the confidence to push it further.

Fighting, get everything in writing. They will probably send the standard response.

When i received the standard refusal, i wrote again.

I am writing to you following your decision to refuse my request for a Statutory Assessment.

I am disappointed that in making that decision you failed to contact the professionals whose reports I provided with my initial request. I consider without their input you have made an uninformed decision.

Those reports identified difficulties that are not currently adequately supported and require specific support.

However, the true extent of those difficulties or the support required will not be known until a full Statutory Assessment is undertaken.

The help and support received by ds in school continues to be aimed at academic achievement rather than in response to his social, sensory, emotional or behavioural difficulties. I think this sums up the schools inability to understand ds?s complex needs.

Outside agencies have made recommendations which the school are unable to implement due to lack of resources.

As a result, school are failing to identify what the adults responsibility is in d's care and are unable to identify what help should be given, how often help will be given, who will give the help, or how progress will be monitored or targets set.

This is not acceptable.

I am lodging an appeal with SENDIST at your refusal to assess.

I am requesting that you provide me with the following information as required under the Education (SEN) (provisions of information by LEA?s) (England) regulations 2001.

? Details of help you expect local schools to provide for children at school action plus with my childs special needs?

Anxiety
Phobias
Delay in play skills
Speech and communication difficulties
Feeding difficulties
Social and interaction skills difficulties
Sensory dysfunction
Soiling
Self harming behaviour

? Details of the criteria you use to decide when to make a Statutory Assessment of children with my child?s special needs?

Yours faithfully

They replied with 'school are providing adequate support and ds is making progress' and have CAF assessment instead.

I requested a copy of ds's school file and found all kinds of interesting things. So i wrote to the school and copied in LA.

I wrote my tribunal submission and wrote again using a short version of my submission and requesting a meeting to challenge the delegated funding and provide examples and evidence and quoted the SEN COP and points of Law at them.

Had a meeting and they told me they need more evidence.

So i set about getting more evidence, every last little thing the school did, i wrote to the school and copied LA into letters.

I lodged my appeal with SENDIST and got the date for tribunal, 2 days later the LA agreed to assessed.

Thanks Claw. Still awaiting dx so don't have any professional reports to send (last EP report was being sent by school). I did point out that dx will fall within their evidence gathering timescales so that they couldn't use that as a reason. We have completed a CAF which I advised them of so that they couldn't use that as a reason either. Had various outside agencies (particularly behaviour support)over the years and all strategies and interventions have failed. Also your ds's school said nothing was wrong and wouldn't support you but our school is having difficulty and is supporting our application. The only thing I can think of is that they will say that school are not doing enough so will wait and see tomorrow. if they are not doing enough then I will have to ask them what they are going to do about it. Funnily enough I recently asked Senco how many hours support he should be getting at SA+ and her response was "don't know". I am going to start recording every incident now and write letters to school so evidence is there. Appreciate your help.

Fighting, i didnt have a dx when i applied and still dont have one on paper, ds only got his dx last week. I had 2 SALT reports, private EP report and a Bibic report.

Write to the school requesting the information you need, whether they are supporting you or not, your the one who has applied and you need information to put your case forward. You will be surprised what you might find ie further evidence he is not making progress, that school have overlooked.

I am writing to you to ask for a copy of my child?s school record which I believe will be helpful for my LA appeal for their refusal to assess my child?s special education needs. I understand I am entitled to these within 15 days under the Pupil Information Regulations.

I also need information about the school?s special education provision to put my case. Could you please tell me:-

? The SEN budget for the current academic year?
? The number of children it covers?
? The number of children at each stages of SEN Code of Practise i.e. those at School Action, at School Action Plus and with a Statement of SEN?

Could you also describe the typical help which is given for children with my child?s difficulties at School Action Plus and whether this is the maximum generally available?

My child difficulties are

insert whatever

I very much appreciate the time and trouble you will take to provide this information which I need in writing. I have been advised that the Tribunal will find it hard to decide the case without full details.

Sounds like your school will find it difficult to support your application, if the SENCO doesnt even know how many hours support he should be getting at SA+. Dont rely on school to put your case forward.

What were the findings of the CAF assessment?

School are not doing enough - they are following the findings of the CAF assessment and implementing the recommendations, but your ds is still failing to progress. Your ds has had enough professional input already and enough evidence has been provided to show that a statement is necessary. Whatever the outcome of a CAF decision the LA have to be prepared for their contribution to the CAF decision.

Claw Thanks so much for this. As it is exactly 15 days tomorrow until end of term I have completed my letter to deliver tomorrow. Don't think they're going to be too pleased somehow.

Fighting say you sought advice and have been told the Tribunal will find it hard to decide the case without full details. Blame it on the tribunal and seen as the school are supporting your application, it shouldnt be a problem, as you both have the best interests of your ds at heart

Oh ds's school told me i could come into school and read through his school file and photocopy what i wanted, to save copying the whole file!

I told them that wouldnt be possible and after seeking legal advice (i lied) i required a full copy, as at this stage i didnt know what would might be useful at a later date.

They can charge you for photocopies, up to £50. Ds's cost about £30.

Thanks again Claw. To answer your previous question not a lot has come out of CAF so far. Counselling is to be arranged and behaviour support were going to do 2 observations. Senco said that behaviour support reports would be key to the assessment and that if I put my request in too early I would not get SA! To date we are still awaiting a report from behaviour support and she could not attend the last review meeting. Do not think they can suggest much that has not been tried already tbh. Put the request in because of school hols,senco leaving and going into Yr6.
Also what do you do if LA have refused because they state the school haven't done enough? Surely you can't go to Tribunal for that reason - presume you have to give school time to provide suitable support?

have a look at page 11

Establish your grounds, i went for all 3.