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Note in lieu question again - they wont exist from the 1st sept??

16 replies

bjkmummy · 13/08/2014 19:42

mine was issued on Saturday as you know.

the LA say her needs can be met at school action plus which also wont exist from 1st sept.

the SEN officer has offered me a meeting in sept to discuss with her and the school but a NIL was dire now but from the 1st sept under the new code there are no NIL??? she asks if she can distribute the NIL to everyone - whats the point?

granted my daughter goes back to school at the end of august so would have a couple of days grace so to speak but I expect the schools would move to be using the new code from 1st sept - a NIL they can I guess just throw in the bin not that it was worth much anyway

but am not being dim am I? they will be gone come 1st sept and at the end of the assessment it will be a straight yes or no - no NIL in sight

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Marie45 · 13/08/2014 20:25

hi bjk
I feel so sorry for you you keep on coming up against hurdles. Confused
Looking at the new COP think you're right, can't see anything about NILs. It says when a decision has been made not to issue an EHC plan the LA should provide advice collated in the assessment process to the school and this info can inform how outcomes can be sought. It says "can" not "must" or "should".
Sad
Suppose your main weapon now will be the indie EP assessment you mentioned in the other thread. The sooner this report is available with recommendations the better, and in the meeting SEN has offered, you can ask the school how are they going to put the recommendations in place from this report (and all the recs from other professionals). Go armed with a long list. Specify you want to know when and with whom. We all know schools don't get enough SEN funding and it's a pathetic amount really.
Guarantee at some point the SENCO will feel pressured and say, we don't have enough funding to do all of this. Ta da. Then you can turn to the SEN officer and say, so if the school doesn't have enough delegated SEN funding for children without Plans how is the LA fulfilling it's duty to address the needs of my son, and how can the LA say now in all honesty that the LA's refusal to issue a Plan is the right decision.
Ask the indie EP to say when an intervention needs to be daily, at several intervals throughout a lesson etc. Ask him/her to say what type of adult support is available and how this needs to be overseen by the teacher and SENCO.
Sending you Cake to keep you going! Grin

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bjkmummy · 13/08/2014 20:35

my schools sen budget (its a tiny school of just 25 kids ) its a whopping £3k!!!! so how that is meant to meet my daughters needs plus the other children with sen I have no idea and I bet neither do the LA as the school is out of county so im guessing they will have no idea what the school budget is.. the new indie report states she needs 2 hours of direct salt a week plus obviously lots of other things as well - the report I have now is an indie SALT report from margo sharp where she has dx my daughter with asd.

I do have an indie EP on board but she wont see my daughter until November so im on my own at the moment until she has assessed her - she is tied because of her previous report being the end of oct 2013 - she cant be retested for 12 months which takes us to November. its all just pants really isn't it! of on our hols on sunday and will enjoy that as when we return it will nearly be back to school and the joy of it all starting again

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Marie45 · 13/08/2014 21:02

£3K!!! Shock
Your LA should be talking to the school's LA about delegated funding. At the point when a child undergoes assessment the educational responsibility comes under your home address LA - now they've passed it back to the out of county LA by issuing a NIL but they should be able to say "no" to the decision with confidence her needs can be met. Ammunition (sorry to talk in these terms!) - you could ask your SENCO to detail a costings plan based on all the recs from professionals? I've seen SENCOs do this to give evidence to the LA when needs cannot be met with delegated funding.

About the EP assessment, there are restrictions on time-scales for re-testing with the test kits but if you want this bought forward, the EP could carry out a different assessment. If she used the WISC last time she could use the BAS this time. It's not as good as the WISC imo but gives standardised scores of verbal, non-verbal and spatial intelligence.
If she won't or doesn't have access to the BAS test kit you could get another indie EP but suppose you want to stick with what you know?

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Ineedmorepatience · 13/08/2014 21:34

Oh Gee bjk I hadnt even thought about the impact of the new COP on the NIL Sad Angry

I had an email off the LA EP today requesting that she be allowed to see the NIL so she can see what provision has been put in it. I have said yes but what is the point?

Dd3 was retested after 6 months by an indie EP, he said he could retest the problem areas to see if she had made any progress Confused

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bjkmummy · 13/08/2014 21:42

ive drafted an email stating I want certain information and have requested that due to the way the case is being handled that any meeting that is made I want to be seen by a senior officer of the sen team - my patience with this officer has now run out plus she will never ever back down so I want to speak to someone who can over rule her and will actually listen to what we say. she has had so many complaints now - I can bare to deal with her again - im done.

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Ineedmorepatience · 13/08/2014 21:48

I have asked several people to look into the inaccuracies in the report sent by the school for the SA but they are passing me around at the moment!

We have one particular statementing officer who is a nightmare too Sad

Most of ours seem to be on holiday now until September, not that I particularly want to talk to them anyway!!

Hope you can meet with someone sensible!

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bjkmummy · 13/08/2014 21:51

well im stuck myself to sept as her twin is in an indie school and he doesn't go back to school until into sept so cant do anything until then. have you had your date yet for appeal Ineed?

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Ineedmorepatience · 13/08/2014 21:56

Yep January think its the 15th Hmm

It is such a long time, I am not sure Dd3 will even still be in school by then Sad

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bjkmummy · 13/08/2014 22:00

the EP ive instructed was saying yesterday that shes getting appeal dates in January - I was hoping it would be sooner but looks like a long road 0 then will be the wait for a decision and then they will have to issue a EHCP which may need appealing - I cant see this being sorted out for sept 2015 for secondary which is madness

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Ineedmorepatience · 13/08/2014 22:11

I know, it is a flippin nightmare!

I just think we are going to end up with an extremely stressed and unhappy child!

I said to someone the other day, if she comes out of school due to stress and I have to give up my job to HE her I will sue the LA for loss of earnings!

They know she is going to struggle and yet they are doing nothing.

The ironic part of all this is that they actually pay my wages at the moment and certainly they will be for the next academic year!!

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bjkmummy · 13/08/2014 23:53

well ive done the email asking for the information and ended it by saying that I want to meet with a senior sen officer given what has happened and they are to treat my email as an official complaint. this may backfire but ive had enough of their stupid decisions - enough is enough and let it go through their complaints service now though I may not get far cos once the tribunal papers drop on their desk they will use that to stop it moving forward as their complaints policy states they cant get involved if ongoing legal proceedings.

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2boysnamedR · 14/08/2014 00:21

So sorry you are also going through this cr@p bjk. Have you lodged your appeal? Nil is worthless with or without the cop changes. It's just a piece of worthless tripe

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bjkmummy · 14/08/2014 00:30

yes I lodged it on Monday, they got it at the tribunal yesterday so now we wait for a date hence why im going to get the complaint in now before they realise what ive done........ not sure how quick the tribunal are turning them around - last time they did it in less than a week - I know they are listing for January which is such a long time away isn't it - when is yours 2boys?

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2boysnamedR · 14/08/2014 01:19

Mine is end of oct but I asked for a delayed one as I gave birth last week! I didn't want a day near my due date otherwise it would have been sooner

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2boysnamedR · 14/08/2014 01:21

It's been so lovely since school broke up - it's hardly crossed my mind. Apart from the fact ds isn't coping great without his normal school routine. By the time he settles down it's all change and back to school!

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bjkmummy · 14/08/2014 07:48

awwww congrats on the new baby 2boys xxxxx yes - mine go back in 2 weeks and its like getting back on the treadmill again. the standing in the playground being ignored, the 'can I have a word please' the game playing that you know is going on plus for my dd is her SATS year so im in for a rocky year. we go on holiday this weekend then when we come back its back to school we all go and back to reality

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