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School applying for SA!

51 replies

debs40 · 07/07/2010 17:13

OMG! Yes school have agreed to apply for a SA before the end of term, paying one of DS' teachers to do extra hours to get it in!

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Ampersand44 · 07/07/2010 17:22

That's fab - not the outcome you were expecting from the meeting!! But get your request in anyway, it will keep things moving and keep them focused .

So pleased for you.

AttilaTheMeerkat · 07/07/2010 17:25

Nice as this is, I would still want to write to the LEA myself as you know its been done then.

The Headteacher is able to write and ask for a statutory assessment, but if you do it yourself you can be sure that the request has definitely been made, and you will know when it has been made.

However, if the Headteacher is willing, you could ask him or her to write a letter which supports your parental application. This is what I would rather them do.

curvychick · 07/07/2010 17:31

Yay Debs, thats fab

My meeting today was a completely unexepected success too DS will now go back to school on friday, lots of extra support in place and school backing with my SA request too! Although they did try to persuade me to wait until Sept to apply.......Am thinking i'll still apply now though anyway......

So pleased for you, thats excellent news x

tribunalgoer · 07/07/2010 17:48

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sugarcandymonster · 07/07/2010 17:49

That's fab news debs and curvychick!

My understanding is that if both you and the school put in requests at the same time, the requests get merged but the timeline starts from the earlier request. So it is worth putting in a letter yourself just to get the clock ticking.

Lougle · 07/07/2010 18:34

Success!!

tribunalgoer · 07/07/2010 18:36

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debs40 · 07/07/2010 18:44

Right, there is a difference of opinion here! I didn't ask school to do the SA nor did they offer.

They agreed we needed a SA and that they would support me. But the guy who was with me was adamant that it is better from a Tribunal perspective that school applies given the nature of the clear recommendation that we have.

It was a bit difficult as I couldn't really argue with him in the meeting and he has been doing this for many years (working as a parental advocate and he has a teenage son with AS)and was really persuading the school to take it on themselves to the extent that the head asked the class teacher (one of two who jobshare) if she would do extra hours to complete the background for it.

I asked him afterwards whether it was better for me to do it with their support and he said no, from a Tribunal perspective the question is always raised - if things are that bad, why didn't school apply?

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debs40 · 07/07/2010 18:45

sugarcandymonster - that is interesting. I will check that out.

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tribunalgoer · 07/07/2010 18:53

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AttilaTheMeerkat · 07/07/2010 18:55

I understood the same as sugarcandymonster.

This parental advocate you refer to (where did you find him?) - is he assuming that this case is going to end up at Tribunal anyway?. I have never heard anyone else state what he has (btw I am not suggesting he is at all wrong) and as such I would seek a further independent opinion.

Lougle · 07/07/2010 18:55

"from a Tribunal perspective the question is always raised - if things are that bad, why didn't school apply?"

But surely that is because the Code specifically mentions that a SA request by a parent may be a reflection of dissatisfaction in the School's actions?

"7:21 Parents may ask the LEA to conduct a statutory assessment under section 328 or 329
of the Education Act 1996. The LEA must comply with such a request unless they have
made a statutory assessment within six months of the date of the request or unless they
conclude, upon examining all the evidence provided to them, that a statutory assessment
is not necessary.
7:22 When schools, external specialists, including LEA support and educational psychology
services, and parents have been working in partnership at School Action Plus, the
parental request for a statutory assessment will usually have been discussed between
them. Therefore the request is likely to be an approach agreed by all the parties involved.
The parents may then, with the help of the school, be able to provide the LEA with the
evidence listed at paragraph 7:13 above. Sometimes, however, a parental request for a
statutory assessment may be a reflection of dissatisfaction with the action taken by the
school. Whatever the reason, the LEA should take all parental requests seriously and take
appropriate action."

I agree that Tribunal will ask. I disagree with the reason your chap gave.

Given the timescale, it won't do any harm for the school to spend time preparing while you write a letter now. The only difference is that if you wait for the school, you have NO chance of the school getting the evidence request before the end of term, which means that the timescale is lengthened.

If you do the request, you gain 2 weeks on the timescale, and the school are preparing the evidence anyway. Win Win.

debs40 · 07/07/2010 19:00

Attila the school have said they will pay this teacher extra hours because it is to be completed and submitted within the next 7 days. That is what has been agreed.

I think he means, in a situation where both parties say they would and could submit the application,not in a situation where one party (i.e. school) says they won't which leaves the parents with little choice but to make it themselves.

I'm open minded about this, I really am, but he has just persuaded a head, a senco, three teachers and a TA to put themselves out to do the application in the next few days .....aarrghhh...

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debs40 · 07/07/2010 19:02

Sorry, Lougle not Attila.

Attila, he is our branch officer from our recently established NAS Committee. He has no axe to grind. He gave up his time freely to try and help me. Whether he is right or not, he is trying to do his best.

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Lougle · 07/07/2010 19:04

Right, so then you have an action plan:

You write and address an envelope and put a stamp on it.

Next Wednesday, if they can show you it is sent, all well and good.

If not, in the post-box.

debs40 · 07/07/2010 19:04

I think he knows the county system here pretty well and knows how they play things.

I'm not saying I'm completely sure he is right but he was absolutely adamant that they needed to do the running for this in view of the strong recommendation from the ASD diagnostic team and that do anything less would be a dereliction of school's duty of care.

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AttilaTheMeerkat · 07/07/2010 19:10

Hi Debs,

IPSEA have a dedicated Tribunal helpline; I'd be interested to hear their opinion on this matter.

There is no disadvantage at all to parents making personal apps for statements to the LEA (this is how we got the statement for DS and I am dealing with a right bag of bones LEA here). I would never have let DS's school go within 1 mile of making his statement app cos they would have bodged it.

I still think you should make the application yourself as you have far more rights re appealing their crass decision if the LEA say no. School can always attach their letter of recommendation to your personal application.

AttilaTheMeerkat · 07/07/2010 19:14

Am not doubting this man's intentions to help and do his best at all. My concern is that the information he has given you is actually both up to date and correct.

TBH this school have not exactly covered themselves in glory here to date have they re your DS.

debs40 · 07/07/2010 19:18

Atlia - Ipsea have previously told me twice if the school applies, I can't appeal which is wrong!

I will think this through. I am seeing this guy again tonight.

I really am not dismissing anyone but he does this type of work all the time and knows the local LAs shit track record and policies

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AttilaTheMeerkat · 07/07/2010 19:26

"Ipsea have previously told me twice if the school applies, I can't appeal which is wrong!"

Who told you that?.

I would have thought IPSEA would know what they are talking about.

At the very least if you personally make the app you know its been done then!. Regardless of who makes the application it needs to go in. A lot of time to date has been lost.

AttilaTheMeerkat · 07/07/2010 19:38

The school cannot readily appeal if the LEA say no to Statement (would this school even tell you when they sent off such an application anyway?) but parents have this particular right.

debs40 · 07/07/2010 21:30

"Ipsea have previously told me twice if the school applies, I can't appeal which is wrong!"

It's wrong because it is not the law and ACE confirm this.

I think they have confused the situation with outside agencies not being able to appeal.

I spoke to the chap again tonight and he said that his experience was that if a school in this county makes the application itself then the school is more likely to make the case persuasively for the need for help and to set it out with more conviction. This is because of the relationship between the LA and schools in this area. Schools are directed not to apply for statements and have to justify themselves strenuously.

His personal view was that they are more likely to do this if they asked then if I asked even if they added their support.

I kind of see the sense in that.

I shall sleep on it! Thanks ever so much to everyone for your input and advice.

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tribunalgoer · 07/07/2010 21:51

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debs40 · 07/07/2010 22:01

Yes, I do actually, now the head is involved.

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justaboutblowingbubbles · 07/07/2010 22:57

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