Need to find advice on this

[lil_me]

Spoke to my sons HT this week

 

We got his statement after saying weren't happy with decision they looked at it again and considered evidence from ASD school team which they had forgotten to previously.

 

Now the HT has been in touch with LEA again, but because the decision was changed after the 'deadline' they are refusing funding for this statement until April 2007.

 

We applied before the deadline, and the decision to refuse statement was given before deadline.

 

Surely as they have admitted they were wrong to not consider the evidence and did so after I complained they should be willing to fund this year.

 

Seems like a very convenient way for an LEA to get out of funding for this year

 

Any ideas who I can contact for advice on this as I thought was all sorted

[phasmid]

Spoke to my sons HT this week

 

We got his statement after saying weren't happy with decision they looked at it again and considered evidence from ASD school team which they had forgotten to previously.

 

Now the HT has been in touch with LEA again, but because the decision was changed after the 'deadline' they are refusing funding for this statement until April 2007.

 

We applied before the deadline, and the decision to refuse statement was given before deadline.

 

Did you bring to their attention the fact that evidence that had been submitted to the panel had been completely missed before the deadline or after? If it was before and they have agreed that this was enough to warrant the statement then they don't have a leg to stand on. Threaten to take them to tribunal for maladministration.

 

Surely as they have admitted they were wrong to not consider the evidence and did so after I complained they should be willing to fund this year.

 

Seems like a very convenient way for an LEA to get out of funding for this year

 

If it was after and they have agrred to a statement what possible grounds have they given you to not introduce the support now? There cannot be any, the need for support has been proven already so there is no need to delay it, again this needs to be challenged at tribunal level.

 

Any ideas who I can contact for advice on this as I thought was all sorted

 

IPSEA!

Edited September 23, 2006 by phasmid

[lil_me]

I actually can't remember the date I wrote to them to say I was not willing to accept the decision, my bad for handwriting therefore didn't keep a copy. So maybe I complained after the deadline date.

 

They looked at this evidence of there own accord as I haddn't had chance to launch a full appeal before they changed their minds and agreed to statement within 4/5 weeks of declining one.

 

I wil give IPSEA a call and see if they can advise. Got me so blooming angry. Thanks Phasmid

Edited September 23, 2006 by lil_me

[phasmid]

OK. Even if you wrote to them afterwards they have said he needs the statement. Since when do they have to run from April to April? Thats a new one on me! Challenge it on the grounds the need has been proven now and therfore should be addressed now!

[UltraMum]

In our LEA the support starts from the half term after the statement is finalised ... not sure if this is just local practice though ...

[lil_me]

I've got no idea, appears to be yearly from what I have known in the past and going by this, going to set the ball rolling on Monday and challennge the decision.

[phasmid]

This is from just above Sect 8:29 of the sen CoP.:

 

Where an LEA having made an assessment of a child, decide to make a statement, they shall serve a copy of a proposed statement and a written notice on the child's parent within two weeks of the date on which assessment was completed.

 

See Schedule 27, Education Act 1996 and the Education (Special Educational Needs)(England)(Consolidation) Regulations 2001

 

So, you could argue that: where they have said the first proposed statement is invalid the introduction of new evidence - by them you say, not you - means that their agreement from that point that a statement is required ought to mean 2 weeks notice starts from then for issuing what amounts to a new proposed statement. They have agreed one is needed and this is the only time limit I have been able to find regarding what happens after agreement has been reached other than the usual 'all done and dusted' within 26 week timings that apply normally. Yours is a bit different from the normal appeal that I still say check with IPSEA. I really cannot see where they can refuse to begin putting the satement in place when they have said it is needed.

 

HTH