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.

Hi, fighting, sorry you got refused. When you have time, let us know the reasons for the refusal, and Im sure between us we can help you challenge them.

and no you cant go to tribunal because they state the school havent done enough, but you prove otherwise and go to tribunal. You challenge whatever the grounds are for refusing.

and no again you dont have to give the school time to provide suitable support. Im assuming they have had time IEP's, not meeting targets etc, etc. Thats what the SA will establish exactly what suitable support is so your ds can make progress.

Yes do let us know and im happy to help, if i can

Dont worry with the help and support from MN, you will be kicking arse!

Thanks again everyone. I shall find out this morning what the reason was and let you know. Funnily enough went into school yesterday and Senco (who usually has a chat) couldn't make eye-contact and rushed away without saying a word. Dh felt after recent review meeting that something was not right so will see what develops. Was in school earlier this week and was shocked to hear HT really shouting at a child. Found out later it was my ds who was really upset. In trouble again for walking away from teacher after an incident in playground. Keep telling them that he can't help walking away as he has to get away from stressful situations (poss.AS). Also regular bullying from other kids is upsetting him. As you say I am now going to put everything in writing as evidence.

Fighting LA should also provide you with a copy of all the evidence they used to reached their decision to refuse including the info school supplied them with, when they wrote to them.

My LA were good at sent it all with the letter to refuse. I have heard that they dont always do this. So request they do.

Okay, so the school aren't doing enough. You can agree this, but make it clear it is because they are unable to because of lack of resources i.e. training, staff time, experience, understanding, inclination, - whatever. Those are resources. You can prove this by keeping very detailed records and complaining in writing about every single thing i.e. the incident where your ds was walking away for example, you need to write to them to explain his behaviour and how theirs was inappropriate - this is 'evidence'. Keep doing this, - for EVERYTHING. Entitle the letters things like 'a matter of very serious concern' and bang on about your ds' welfare and neglect.

Did not get a call back from manager as promised (quelle surprise). Have called back only to be told she's out of office for the rest of the day and probably not in for the rest of the week! When I explained I had been promised a call and that I needed to know the reasons for refusal was then told that she would be back in the office later and another message would be left . Sounds like they're avoiding me!

Fighting, did you get the name of the person you spoke to? If so, send them an email clarifying what was agreed, - i.e. that you would be called later today. If not, remember for next time, to get a name.

Hi Star. I realised when I put the 'phone down should have asked what time manager would be back and taken staff members name. Will ring again around 3 to chase.

It's okay fighting. You'll get better at it Why SHOULD you not believe it when someone says you'll be called? Why SHOULD you need the names of everyone you speak to?

You SHOULDN'T, - but you do. It'll become second nature!

Fighting they have to inform you in writing, regardless of what has been said verbally.

So you should expect their refusal letter before/on deadline date, whether she calls you back or is out of the office or whatever.

When is deadline for them to reply to your request?

Hi Claw
Deadline for replying is Monday so I know I will get letter by then. No reply as yet. I may try chasing again just before 5 but don't expect a response.

Bet you get it on Friday! Friday is always the day!

As expected had no call back. Know that case officer is back in office tomorrow so will have one more try then give up and wait for letter. They presumably don't like discussing the reasons for refusal verbally with parents - probably scared of an ear-bashing. So much for their literature which states - we will reply to your phone calls and letters promptly.

It is common practice to refuse applications to assess. The LEA use it as a way of rationing resources; many parents just accept it; others appeal to SENDIST. It is a cynical, money saving ploy, nothing more.

If you look on SENDIST's website at the annual reports, you will see that the majority of LEA's give up before the Tribunal hearing.

They will push to see how far you will go.

I was oh so naive when I started all this! Now, I have adopted the "Star" approach. Take down names, job title, email address. Make notes of who said what when. Follow it all up in an email. You then have a paper trail of evidence.

Hi

Are you aware that under the FOI you can request a copy of all the papers presented to the committee, copy of the advice given by the SEN dept, and after the SA meeting a copy of the minutes of the meeting, including those who sat on the committee. This could help your appeal as you will be fully aware of the issues discussed and what the decision was based on as opposed to the standard letter.

Minx, I did that. They said they don't keep records of such details, and the minutes of the meeting IS the letter that is sent and that they can't remember who attended the panel

Bull sh*t. So the LEA are making a decision that could affect your childs future and they don't know who made that decision or on what issues that decision was based?

I know it's a lie. The fact that they don't have a transparent process is a part of my higher lever complaint that will be submitted shortly. I know it isn't true. I will either get that investigated, or expose a lie. Bstrds. I just wanted to point out though that law or not, LA's weed for FofI requests.

Finally managed to get hold of caseworker who stated that reasons are as follows:
He is meeting National Curriculum levels
He is making steady progress at school
Have suggested amending some IEP targets and getting in outside support (suggested baheaviour support). I have lost count of how many times behaviour support have been in. Did not bother turning up at the last review meeting and have not submitted any reports follwing an observation that was done!
What shite!

behaviour not baheaviour

Morning Fighting. You have lots to work with, with those reasons!

Is he meeting targets set in IEP's?

If they are suggesting amending some IEP targets, this means they are inappropriate or inadequate. Further evidence that the school need the guidance of SA. The school are backing your request, further evidence that they need the guidance!

How many professionals have already been involved? How many of their recommendations have failed?

CAF assessment, what recommendations have been made?

Getting in outside support. This has already been done and no progress has been made. Even with the help of outside agencies, the school are unable to identify needs or quantify what help should be given.

Oh and the school are reprimanded your ds for his difficulties ie Head shouting at him for walking away. Further evidence that school are unable to understand his difficulties.

Fighting the reasons my SA was refused was for similar reasons.

The LA refused to carry out a Statutory Assessment on the grounds that ds is making progress both academically and socially, and the school are implementing appropriate strategies which are having a positive effect on ds. They recommended a CAF assessment.

Do you want a copy of my submission, its still in draft form, as i didnt have to use it, but youre welcome to have a read for ideas, if you feel it might help?

Thanks Claw. Are you on CAT? If so I will sign up.

Oh and caseworker kept saying that he doesn't meet the criteria because he has met Nat Curriculum levels. I asked how,if this was the case, I knew of at least 2 boys at the local grammar(who only take the most able academically). She said she couldn't comment on other individual cases. Grrr! They either apply the criteria to everyone or they don't.