help needed for a response to the LA over a complaint ive made

[bjkmummy]

ive complained about the issuing of the NIL is the short version.

the LA have responded and stated that they say her needs can be made at school action plus due to the delegating of budgets and that her school have 10k to meet her needs. the fact is the school is in a neighbouring LA and is a tiny school - school refused to tell me the SEN budget for the last tribunal but found it via the SEC 52 statement and their budget was £3k so how the LA can say this is ridiculous.

im sure ive read somewhere an article where it states that the funding doesn't really come into it - a statement is needed to detail a childs needs so even if their needs could be met I guess for under 10k then they still need a statement so that the needs are legally specified and the school are under a legal duty to meet them but I need to know how to write that more eloquently rather than just being a rant at them.

the LA EP is so wishy washy and I asked them to specify and quantify it so I could see if indeed her needs would be less than 10k but the LA have refused saying that they don't need to as its a NIL that's been issued!!! so its the chicken and egg situation again - how can I say yes her needs can be met at school action plus when nothing is specified and quantified!

they don't do panels for NIL and decisions over the statement writing - panel only for whether do an assessment.

I queried that she needs a statement as the code states if she needs daily access to a TA she should have one - they have responded by saying this is 'advice' only and they don't interpret the code this way!

she also needs OT and they now have margos report which says she needs SALT but none of that is mentioned

even though the tribunal last time stated that she needed specialist teaching as the class teacher said if we stopped providing the school would have to they say no evidence she needs specialist teaching

I do have my tribunal date now and part of me thinks I should shut up and just go straight to tribunal and put the response today in as evidence but part of me thinks no - I should go through the whole complaints process cos Ive had enough of them but its clear from the tone they will fight me every single step of the way....

[billiejeanbob]

I wouldnt bother with the LA - the likely hood is they will cover everything up, stick together and not back down.
I would concentrate all of my time and energy into the tribunal. this option has the potential to achieve an outcome for your dd, whereas I doubt complaining to the LA will result in anything but alot of hassle for you.

How can a whole school SEN budget be just 3k when one child alone at SA+ could cost up to 6k? madness.

my LA has a band one statement which is a statement without any top up funding, so they can issue a statement without additional funding.

have you had an indie EP assessment?

[cansu]

I really wouldn't bother engaging in this with them. If you have new evidence in the form of the report from Margo Sharp, then this is enough in itself to appeal. Just wait for tribunal. They will only enrage you, nothing will be achieved.

[bjkmummy]

its a tiny school - only 25 kids in the school hence the tiny budget. I agree with what you say and that's the conclusion I have now come to after having some time to think things through - the letter is very revealing - they state openly they wont specify or quantify it as its a NIL but then how can they know what her needs actually are but at the end of the day its good evidence for later.

I think pursuing this is as you say 'hassle' and I have my date now so need to just concentrate on that - I haven't had an indie assessment yet as I have to wait to nov due to a previous assessment so tests have to be a year later but its all booked to go.

I have reports which say she needs about 2 hours of OT a week plus 2 hours of SALT and will need specialist schooling - the EP report will firm everything else up - the EP ive got sounds fab and being quite hands on already - probably why she is expensive! we are also seeing daphne keen in a couple of weeks as well so will also have that report

[billiejeanbob]

sounds like you will have more than enough evidence for tribunal, the LA wont know what's hit them!
could you possibly pm me the name of the EP ? I need a good indie one.

[bjkmummy]

yes will do :-)

[sunshine175]

Im not sure it is worth your time arguing now with LA but I found David Wolfes noddy guide to sen law really helpful when I needed to point out that needs should dictate provision and funding should then follow that and not that funding dictated what was specified or not specified as the provision.
This is the bit I used:
Note also that the fact that the LA has a policy of delegating â??allâ?? SEN funds to schools independently of the statementing regime is not an answer to an appeal against a refusal to assess or make a statement; the test for those things remains grounded in whether (per the Code) the child requires provision beyond School Action Plus and whether (per EA 1996 s324) the childâ??s SEN is such that the provision needs to be â??determinedâ?? by the LA. Funding follows that; not the other way round. The Tribunal is not bound by the LA policy.

[bjkmummy]

thanks sunshine - i think that's what i was thinking off ! im leaving the LA alone now - no point pursuing this complaint any further - im banging my head against a brick wall but their response is quite useful as they have put basically quite a blanket policy in writing

[sunshine175]

Good luck with it all. It sounds like you can show that they haven't actually assessed her needs at all let alone looked at what provision is needed. How you can decide someone doesn't need provision without assessing needs? ...just ranting on your behalf!!!

[bjkmummy]

I know sunshine and the last tribunal decision made it clear that they had to see what 'inter related ' needs she had - and they sent an EP in, used my dyslexia report and that's it! her twin brothers EP report is word for word the same - he got 20 hours - she got a NIL - makes no sense, its purely personal and sadly its clear they will take it all the way - think they hope one day they will get lucky whilst my daughter sits there in the cross fire

[sunshine175]

Just remember you are doing a great job -I wish you didn't have to fight so hard. I feel broken post ehcplan /statement process mess It takes such a lot to battle on. Cost to you, to her, your family

[wasuup2014]

Maxwell Gillot posted something on their website recently will see if I can find it.

[wasuup2014]

www.maxwellgillott.com/news/2014/jul-2014-statutory-assessments-statements-prior-september-2014.aspx

[wasuup2014]

"" We have also recently come across local authorities who suggest that full time 1:1 support can be provided without having a statement and are using this as a way to justify refusing to carry out a statutory assessment.

We are concerned with this approach as the Special Educational Needs Code of Practice states that if pupils require daily individual support from a learning support assistant, a statement is likely to be needed. Taking this into account, it is likely that any children that receive full time 1:1 without the benefit of a statement are likely to be eligible for statutory assessment of their needs and, following this, a statement should be issued. ""