BusyLizzie100

The LA is legally bound to amend the child's statement for phase transfer from primary to secondary. (It has done this for my son, who attends the same out of county independent specialist school, and his statement has been finalised with the school named in Part 4.) The LA did not attend the child's annual review meeting. It has based the proposed new statement on old reports and has made no reference to the school's review report, which of course recommended he stay in the specialist setting. The statement is still at proposed stage so no school, special or mainstream, is yet named and won't be until the statement is finalised, as per the law. No placements have been discussed with my friend but the proposed statement is clearly written for a mainstream setting. My friend is now waiting to hear if the LA will meet with her on 7 Feb, with the Headteacher. She will certainly appeal to SEND if necessary, and the LA will fail miserably if she does so, but she could do without the stress...

I'm writing this on behalf of my friend. Question: If you ask for a meeting within 15 days of receiving a proposed statement, and the meeting doesn't take place within 8 weeks, can the authority go ahead and finalise it because they've reached their 8 week deadline? My friend received the proposed statement for her son's secondary transfer just before Christmas. She asked within 15 days for a meeting, saying that she needed to discuss it with the Headteacher. On the first day back at term the Headteacher read it and was appalled - it seems that the LA is trying to place him back in mainstream. He currently attends an out of county independent specialist school that goes up to 19yrs. My friend has been trying to set up a meeting since. The LA kept asking her what she wanted to discuss, and then asked her to submit a working document of the amendments she's seeking as soon as possible as the statement needs to be finalised by 1st Feb. My friend has sent the LA a working document and asked why the 1st and not the 15th, as per the law re phase transfers, to be told that the 1st Feb is 8 weeks since the proposed statement was served. The LA is 'considering the amendments'. The only date the Headteacher can now make for a meeting is 7 Feb, and her evidence will be vital in proving the child needs to stay in special provision. What can my friend do? Is the law on her side? My understanding is that it's possible to go beyond the 8week deadline if successive meetings are requested, and in any case it's only 2 weeks before the 15th Feb deadline? My friend feels like she is being bullied and manipulated. Any advice greatly appreciated <'> Lizzie x

Well we had a good meeting - school is currently investing in the SEN department so that is reassuring in itself. However the Head said he assumed that the LA would continue to have authority over SEN matters if the school became an academy. My understanding is that this is NOT the case - an academy has a contract with the DofE, not the LA, in fact the LA is out of the equation altogether. To his credit he said he'll look into it and get back to us - this is still the consultation stage, after all. Unless, of course, it is written into the Funding Agreement that the LA maintains authority... Will keep an eye on this. L x

Brilliant! Thanks, Kathryn. Will report back! L x

I have a meeting with the head tomorrow (Friday) morning! Have never met him before, Heads seem to be quite mysterious and elusive at secondary school... Anyway, any ideas on what to ask would be gratefully received!! And of course I'll let you know how I get on... Lizzie x

DS1 does have a well-worded statement, I wrote it for the appeal to SEND. There isn't a problem with that. His needs are well identified and the provision is good. The problem is that to date school has chosen to ignore the statement. In its arrogance, it feels it knows better than all the contributing professionals, none of whom are independent/private. The professionals have found themselves in a strange situation, going to meetings with school to support and help them understand and being faced with accusations of 'you're wrong'. So even before any change of status to academy, I feel like I've had a bit of a taste of what could come!! And as regards moving him to a different school, that too is tricky because almost all secondaries in our area are considering becoming academies... Lizzie

Yes. The review meeting was held in November; I'm waiting for the LA to complete the Review process. The time period for that to be completed is not bound by law - apart from that the annual review must take place within 12 months of the previous one.

Thanks, Sally. My main issue is that it is the LA's own professionals that school is choosing to ignore. That includes the LA's senior educational psychologist and head of the autism advisory service, who are all saying that the provision in PArt 3 is non-negotiable and has to be put in place. To date the LA has kept quiet, although it was their suggestion to hold an Early Annual Review. As I said, we're just waiting to see if the LA actually fulfils its role in making sure the provision is put in place (this is their last chance!) If the school becomes an academy, however, the 'security' of having the LA there to ensure the provision is in place, as per the law, is taken away. With no one to regulate the academy, it could do what it likes with regard to SEN... yes, I want plenty of reassurances!! Ostensibly the next stage if the LA is taken out of the equation is the Secretary of State for education - how likely is he to look at individual cases????!!!! Bah humbug. Lizzie x

Got a letter this afternoon from DS1's secondary school about consultation on becoming an academy. The school obviously thinks it's a good idea but are consulting parents also. I'm really anti the whole idea. DS1 has AS, is in Year 8, has had a Statement since the end of Year 6 and the secondary school STILL hasn't put the required provision in place, despite all sorts of meetings and annual reviews. We are currently waiting for the outcome of the most recent review, in which we have said that unless the provision in put in place ASAP we will take further action, eg judicial review. So if the school can't do it with the LA behind them, ie supposedly enforcing the Statement, how the heck are they going to do it on their own???? There'll be absolutely no one to kick them up the backside and make them do it - especially since they have chosen to ignore all the professionals' advice and 'do their own thing'. The consultation period ends 3 Feb and parents can meet governors in person to discuss particular issues on the eve of 20 Jan. Except I can't make it because I have no child care, having three children on the spectrum and a husband who works evenings. They don't make it easy, do they. Lizzie

I agree, it doesn't make sense! If the LA thinks she may need a statement, then they should do a statutory assessment! Have you got this in writing? You could use it as evidence. When was the stat assessment turned down, it may be worth appealing. Alternatively if you get more evidence from the psych and the SPLD then you could apply for stat assessment again... Bear in mind that even if you do get such evidence, it doesn't mean a statutory assessment is in place - you still need to apply and get the formal yes/no from the LA. All the best Lizzie x

How does a Provision Map (or plan) differ from an IEP (Individual Education Plan)? My son's SENCo says she wants to move away from IEPs to Provision Maps, but my understanding is that an IEP is more specific to an individual child? For example, my son's statement has objectives, which at the Annual Review are broken down into targets, which are then broken down into smaller bits and presented in an IEP which is reviewed termly (at least, that's the theory!). This means the IEP is specific to him, which is why it should be Specific, Measurable, Achievable, Relevant and Timebound (SMART). I don't know a great deal about the Provision Map, other than what the SENCo said about it referring to provision... She said that IEPs are becoming a thing of the past, ie outdated??? I wonder what others think... Lizzie x

You could bring a friend to take notes for you. My lovely friend has done this for me, and it's invaluable for quoting back what was actually said at the meeting. I've also done it for another friend. It means the parent can really concentrate on what's going on while the notes are taken verbatim. It would probably be best to inform the school first; I've never had any objections. Lizzie x

Chewy Tubes are great for something to chew (available from various sites if you Google it), though not really good for fiddling. Great news about the other stuff!! Lizzie x

Born On A Blue Day - Daniel Tammet Martian In The Playground - Clare Sainsbury Life Behind Glass - Wendy Lawson

The reason I feel very unsure about this professionals' meeting is that it's totally informal - the Review isn't complete yet - the school's report is still in draft form (and I have asked for several changes as it doesn't reflect the meeting). Also, these same professionals said at the Review meeting that we should make a formal request for change of placement in writing, along with our working document of changes we want to Part 3, when we have received the school's final report. Which we haven't yet. They told me that once I've made a formal request, it'll go before a panel. But this meeting is most definitely NOT the panel. Why do they need a second meeting after the Review meeting two weeks ago, but without us??? Lizzie x

I've just found out that, following my son's Annual Review meeting a couple of weeks ago at which we requested an alternative placement out of county, the professionals who attended are now arranging 'an urgent professionals' meeting to try to find a way forward'. It seems we the parents are not invited; I found out because the SENCo copied me into the string of emails, whether by mistake or on purpose I don't know - it was probably not intended that I see the originals because many of the professionals' mobile numbers are on the emails... Does this sound right? I feel they are meeting behind our back! We could ask for the minutes afterwards but how honest are they likely to be??? What should we do? Lizzie x

We've had the Annual Review meeting for DS1. At the meeting we requested a change of placement. I have now recieved a draft copy of the school's report following the meeting, and have emailed back with details of where I feel the report is misrepresentative of the meeting, and copied it to the other professionals who attended the meeting. We await the outcome. Because we are seeking a change of placement and amendments to Part 3, we were told that once we have the school's report we should answer it and put our requests formally in writing, and produce a Working Document of what amendments we want to Part 3. My concern now is, once the Senco has sent out her final copy of the Review report, how long have I got to send in my own report? I know there's no legal deadline for the LA to complete the Review, and my experience in the past has been that it can take weeks if not months (am still waiting for my second son's Review from the meeting in July!!!) It'd be just my luck that the LA decides to review the paperwork doublequick before I get a chance to get my in!! I'm also waiting for a medical report - we have requested counselling for DS1 but were told at the meeting to get medical evidence or the LA won't fund it. How long am I reasonably allowed??? Lizzie x

This is a great one, my son loves to lean on his with his legs on the ground and rock back and forth as he watches TV. Have PMed you Lizzie x

I would add that this is much more than you're likely to get from an LA Ed Psych!! In my experience the LA EP's visit is usually less than an hour, not all of which is spent observing the child. My experience of an independent EP is much as Mumble describes. Lizzie x

Well done!! Sit back and enjoy the moment. It's a great feeling! <'> <'> Don't worry that you've sent off too much, the tribunal people will read everything. Sometimes these things need a lot of information to explain them properly... Lizzie

Hi,I'm not sure about naming a school on transition to primary school. However, I can comment on when a review is due... The process starts from the date of the finalisation of the first statement usually, ie the first annual review takes place at a similar time as the date of the finalised statement (unless there is an interim or early review). However, the actual review itself doesn't take place until after the review meeting, when the LA literally reviews the paperwork and then issues its decree - ie statement to be amended, to stay the same, to be withdrawn etc. Although there is a legal timeframe for the school to get its paperwork to the LA, there's no time limit before which the LA has to make the review, although it should be within a 'reasonable' time. Once this is done, the next review must take place within 12 months of the LA's decision. If a review doesn't take place within that time then it's overdue. Even if a statement has been amended it is the date of the last review that stands, not the date of the amended statement. (For example, my son's statement was finalised in May but amended in November after we appealed; the review was held in the following May.) I believe this is the case unless an amended statement is the result of a statutory re-assessment. Lizzie x

Check out the CoP 4:46 'LEAs should consider informally reviewing a statement for a child under five at least every six months to ensure that the provision continues to be appropriate to the child's needs. Such reviews would complement the statutory duty to carry out an annual review in accordance with the Regulations but would not necessarily require the same range of documentation so long as they reflected the significant changes which can take place in the progress off a child under the age of five. If necessary the statement should be amended following a six monthly review.' According to Regulation 19(2), 'Phase Transfers' means a transfer from primary to middle school; primary school to secondary school; middle to secondary school; or secondary school to an institution specified in section 2(2A) of the Act. So technically it looks like your LA is mistaken. But worth checking with IPSEA or ACE or the NAS anyway. Lizzie x Edited to add that Grace's post wasn't there when I started - I wouldn't have repeated the info!!

Hi, just wanted to add that your child's school may be not be au fait with the correct processes themselves. I have heard of children in some schools where the Senco has never, for example, applied for a statement before, or has little experience in the annual review process. the class teacher is likely to know even less. At my middle son's old school we never got reports until the meeting itself, which doesn't give enough time to read and digest them. You have a legal right to ask for reports BEFORE the meeting, it should be two week as above. The school should prepare their report but it is not the final report; it should give information about your child's progress but the final report should incorporate the contents of the meeting, including any contradictions in recommendations. You can, in theory, reject any reports that are produced at the meeting as they weren't available 2 weeks before, but in practice that's hard because as parents we want to know what the professionals are saying!! I had an annual review meeting for my eldest son last week and the autism advisory teacher produced her report as we were waiting to go in. I did say it was a bit late but she just laughed it off. fortunately it was a brief report but actually very useful! Also, you write as much as you want about your child, if you haven't done so already. You don't have to stick to the silly little form they give you. and you can also write in again AFTER the meeting with your views, which should be incorporated in the paperwork that the school then sends in to the LA. If you feel really unsure about things, there are organisations such as IPSEA and ACE and tha NAS education advocacy helplines that are really helpful, and can give you free advice over the phone - just google them. Hope that helps, and good luck! Lizzie x

I like that! Seriously though, thinking of you <'> <'> Lizzie x (Am in a similar situation with my recently diagnosed 8-year-old, although he's a big huge thing)

I'm not an expert, but I understood that recent changes mean that you now don't have to be a teacher first to become an EP. I presume you still need a psychology qualification, however. On top of that, the role of the EP is currently changing and it's unclear until the Government produces its Green Paper soon what those changes will be. I have a friend who is a psychology graduate and was about to start on a training course to become an EP (not in my LA), but all training is on hold until the role of the EP is clarified. Lizzie x