Advice please re: refusal to assess

Hi Nicky,

I had the same problem with my daughter. The local autism support group we are part of is called MAGIC, which has links to Treehouse. On the MAGIC website, there are useful links to other sites which offer advice on a range of things. There is a link to a website called ipsea which is the Independant panel for special educational needs. This has advice and letter templates which you can fill in and send off to your local authority. Unfortunately the last resort is appealing at a SENDIST tribunal, but what I would suggest (and what worked for me) is to try and work with the local authority, but letting them know very politely that you know your's and your child's rights including the right to appeal to SENDIST.....may take some time looking through the sites, but well worth it!  the link to the MAGIC site which has useful other links on is http://www.medway-magic.org/title.php?page_id=links&title_id=Links. 

Good luck and keep in touch with your progress...

Claire 

Hi Nicky,

We have just been through this with the LA, including initiating an appeal to SENDIST, and at the last minute before the LA had to respond to the appeal, they backed down and are now undertaking an assessment (there may also have been a technical issue in play too!).

With regards to your comment on reports, you, as the parent should have received copies of all reports carried out by any professional, and also you should have had to have given written consent (usually signing a consent form) for any of the professionals (Ed Psych, Social Services, Speech & Language etc) to have assessed your child. If any of the assessments where carried out without your consent they cannot be used by the LA (there are some exceptional circumstances).

The school should also have copies of all the reports as well and what has been helpful for us is working closely with the school and sharing information, letters/reports, as and when either of us get them. This ensured we all had the same and correct information. Ask your SENCO, she sounds helpful.

If you go to appeal via SENDIST, then the LA HAVE to give you copies of all documents they will use as evidence, but a letter requesting copies should be sufficient. If they refuse, remind them of the freedom of information act and your right as parent to the information. Most LA's have a straight forward procedure for obtaining information under the act.

Hope that helps and good luck.

Richard.

Hi Nicky,

Have the LEA told you the date of the next panel meeting?

Do you have it in writing that the LEA are reffering the case back to the Panel?

As they have already made a decision I would expect that the 2 months time limit is already running regardless.

Personally I would start your appeal now and ensure you dont miss any deadlines. You can stop your appeal at anytime, but after the 2 month deadline you have to wait 6 months and then start the whole process again.

The LEA receiving the appeal papers might also help focus the LEA and once the appeal is started you can submit new evidence, should it become available.

Also if the LEA back down once the appeal has been registered it is seen as a win for yourself and the LEA then must carry out the assessment within the same time limits as if the Tribunal had ruled in your favour.

I know it is alot of extra paperwork etc but having the peace of mind that you are covered if the LEA slip the timescales is worth it.

Richard