Timing of SA request

[debs40]

We saw our private SALT today who agreed we had enough to go for a SA.

She mentioned about the timing.

Her report will be with us in mid-end of July.

The Ed Psych we want to instruct can't see DS until November.

She was worried that it might be listed for Tribunal before then.

What do you think?

Bang in the request now with the dx evidence which recommends a SA explaining that SALT report is pending and hope that it won't be listed for Tribunal before November.

Or wait until after I've got SALT report in July.

Sorry debs, I don't understand what listed means!?

If the dx evidence recommends a SA then that is certainly enough to win a tribunal to assess. I should imagine they will know that from the beginning and would be unlikely to turn you down. So, your statement (requested now) will be due around the beginning of Dec. You'll have 2 months to appeal. Feb appeal will give you a July hearing.

IF, they refuse to assess, all of that will be extended but I still think it extremely unlikely you will get anywhere near a hearing. A recommendation in a dx report would be stupid to ignore.

Ooops, - making an assumption here that you will be going to tribunal. Of course it is perfectly possible that you have a fab statement in Dec, or by Feb with a bit of negotiating.

Debs, if you keep putting it back it only delays the statement application even more!. I think you are worrying yourself unduly here for no good reason. It is very unlikely that your case if it did go to Tribunal would be heard before November anyway due to the sheer number of cases awaiting a hearing.

LEA will write for reports anyway if they agree to assess. They may not take much notice of a private based EP report either (although it would be more useful at a Tribunal).

Don't delay- the closer it comes to MArch ime (and related to any experience of public sector budgets) the less chance to get help IMO (April ones otoh...... so very predictable)

They take the full 6 months for a statement; July - November is not six months and it will not see a panel before then.

Okey Dokey comrades! I was just following SALT's recommendation to chedck that out.

All she does is Tribunals and she says that our county is the worst she comes across.

She will be saying SA and so does dx report but she said our county may well say no and force the issue to Tribunal. It seems to be the practice for everyone, no matter how ridiculous.

I will get SA request in. Will you guys help!

It will be a relief debs

How did SALT assessment go? Processing difficulties etc, etc?

If you are seeing EP in November, how long to prepare the report?

She said his lack of attention in class was very clear from the limited time she was there and that his language was good but he clearly had problems retaining information and got very frustrated.

She also commented on the difference in his demeanour as soon as he finished 'formal testing'. He was really demanding and stressy and completely ignored her. He had sat quite well at the table before then.

She said it was good she had got to see that for herself!

"7:36 The following guidance therefore concentrates on the evidence LEAs should seek from
schools, settings and parents and sets out key questions which LEAs should consider.
The questions are not exhaustive: there will be other factors particular to an individual
child that the LEA will wish to pursue. Nor does the guidance set out hard and fast rules
whereby, if all the questions were answered in the affirmative, an assessment must always
be made. Still less should an affirmative answer to any one question be taken as
indicating that a statutory assessment is necessary. Decisions must be made by local
education authorities in the light of all the circumstances of each individual case and,
always, in the closest consultation with parents and schools." SEN Code of Practice

Hmmm....I wouldn't agree that professionals stating that a SA is necessary is a guarantee of success at Tribunal. Health professionals are responsible for Health. LAs are responsible for Education.

However, in the light of the documented failures of the school, the recent professionals' confirmation of serious issues, and the dx, I would think you'd be home and dry.

Get the request in now

She has identified all the difficulties you knew were there then!

Thats great, go for it.

If you apply now the LA has 2 weeks to consider the request.

That takes you to mid July.

Assuming they refuse to assess (which I doubt) you then have 2 months to lodge the appeal.

That takes you to mid Sept.

I was told there was a 4 to 5 month waiting time for a SENDIST hearing.

That takes you to early 2011.

I'd do it now - the uncertainty must be killing you.

6 weeks, wet

Yep Lougle thanks- even better then.

That takes you well into Spring 2011.

Muchas gracias senoritas!! I have just got to draft the blasted thing now!

I will keep it as brief as possible. I have been putting this off mentally I think but I also feel that I know have the evidence to satsify my own test for a SA so I know I can fight for it .....does that make any sense??

Do you guys mind me sending a draft to you by CAT for thoughts?

Fire away

No course not. Just to say though, once you get going, you do get into the swing of things. It feels daunting but once you start it is a moving vehicle and things just get done iyswim.

Do they get to extend time to respond cos of summer hols?

The way it works is that any 'educational' professionals get some extra weeks. However, this shouldn't make any difference to the overall time-frame for statement apparently (although it IS possible - just unlikely). You on the other hand don't get any extra time

It's just that a friend who applied for a SA last year on the last day of the summer term, got a letter back saying the 6 weeks would run when the academic year recommenced.

I'm being lazy but I wondered if any of you know whether there was something in SEN COP permitting this.

Yeah, there is. Don't think it should be quite what happened to your friend though.

All the more reason to get it in prompt eh?

Sorry, don't have CoP to hand.

"Exceptions:

c) "The authority have requested advice from the head teacher of a school during a period beginning 1 week before any date on which that school is closed for a continuous period of not less than 4 weeks from that date and ending 1 week before the date on which it reopens"

e) "The authority have requested advice from a health authority or a social services authority...and they have not complied with that request within 6 weeks from the date on which it was made;

f) exceptional personal circumstances affect the child or his parent during the 10 week period referred to in para (6);

g) the child or his parent are absent from the area of the authority for a continuous period of 4 weeks...;

h) the child fails to attend for an examination or test in the 10 week period "

All quoted from Annexe A of the SEN Code of Practice 2002.

So, here is the deal:

LA have 6 weeks to consider your request, but must make a decision promptly.

They have to inform the school that they have had a request from you. BUT if you give them sufficient evidence from the school, they will not need to ask the school for evidence at this stage. The school is put "on notice" (SEN COP 7:28).

The regulation in Annexe A of the Code, providing for a delay to account for the holidays, only applies if the LA ask the school for Advice.

If I am right, you have a copy of your DS' school file? If I were you, I'd copy all of that in for the LA. They won't mind. I sent 18 reports in following my initial request, before they had agreed to assess.

If you send comprehensive evidence of the school's involvement and current/past provision, then they will not be needing at this stage to ask the school for advice, because they have all the evidence they need to make a decision. Therefore, they can't wriggle out of the timescale.

However, if for some reason they do ask the school for advice, as long as they do it in the next 2 weeks, then the timescale stands.

Thanks Lougle. No I don't have a copy of the school file and they LA here would undoubtedly ask for advice in any event. There are no easy paths to SA here whatever the case.