SA refusal - more advice please

[Carryoncatsbum]

Hi again. SA refused last week for various reasons mainly that ds meets Nat Curriculum levels. I am sending letter querying the evidence for all their reasons for refusal.When original request was made LA wrote back to state - 'I am now seeking information from school and a range of professionals which will help us to decide whether we should proceed with assessment'.
EP saw ds in Feb but is now on maternity leave. Another EP saw ds in 2006 and she was given the info from EP form to complete. it asked 'has child been drawn to attention of an EP in last 12 months? If yes provide a separate report of your views re. childs learning difficulties,special educational provision that has been made,level of parental involvement and whether there are grounds for SA. The Yes/No part was not completed and she has written ' pupil not known to me since infant school/I have not located an EP file. Copy of last EP report was submitted by school.
Behaviour support services (who have been involved on and off for the last 4 years confirmed he was known to them and left the Yes/No parts of the form blank i.e is there any information that should be considered - left blank. Is there any other information you feel would be helpful in deciding if this case meets criteria for SA - left blank.
LA will obviously argue that they made their decision on the info they had but can I complain re. lack of info from EP and Behaviour Support? Any advice gratefully received.

It is a bit worrying that there is no EP file for your DS.
I would definitely complain about the lack of info and advice but it probably won't achieve a lot as they know there isn't much evidence anyway.
Did you put in your own request or did school do it? Was the school's report in favour of SA?

I put in the request as the school were going to anyway but I wanted to be sure it was done. EP report stated that school were collecting evidence to decide whether to request SA. Just annoyed that these 'professionals' who have been involved can't even be bothered to add any information

I can understand that.
How old is your DS? Does he have a diagnosis?
In this area behavioural problems seem to be more likely to bring forth a Statement than anything else.

He is 10 and we are awaiting ADOS test (suspected AS).Has been on SA+ for over 4 years now. Have stressed to LA the safety risk as have school. He runs away from staff and gets very angry at the other children. Have stressed that soon ds or another child is likely to get hurt. His main difficulties are classed as behaviour,emotional & social.

Carryon, write to the professionals and correct in writing any inaccuracies. You could request a copy of the notes etc, they have on your ds and quote the Data Protection at them.

Dont worry about what they have said too much, this is all about lack of progress. Write to them, but dont get side tracked by it.

tribunalgoer - not sure what you mean - they haven't refused for lack of evidence. Won't they just say that as they had no evidence from EP or behaviour support they only decided on what they had??

Carryon,

"The test for a statement in law is whether the school can provide for the child from it's own resources with the help of the LEA R v Secretary of State of Education ex parte E FLR 377 Court of Appeal 1989"

"The LA should be considering whether a statement is necessary under the Education Act 1996, sections 323 and 324, not according to the availability of information"

If evidence is missing or lack of, it would be more appropriately obtained via a Statutory Assessment.

Useful advice as always Claw! Thanks - will be quoting that on my next letter to them.

You can and should appeal the LEA's crass decision asap.

Stating that the child meets NC levels is no grounds for refusal of a Statement at all. They can't actually do that!.