smiley Report post Posted January 18, 2007 Hi all, Received M's final stat in the post today. I already knew it's was going to end up at tribunal. But still.... I sat down with a notepad and pen and jotted down all the things that have been changed (from the prop stat), after all the hours i spent / letters i've written / meeting held / headaches and tantrums............... 3 things have been changed - and it's all the little ones. Wondering if it was really worth all that stress and heartache. Time to get onto IPSEA and pray they can help me. Thing is, is it really worth it (i know the answer to this one really...)? The school are talking about this being M's last academic year at mainstream - as he's not managing well. The LEA know this and have been talking to school. So......come the beginning of the next academic year - the fight will start again for ASD placement.... At the moment, he is plodding along - not ideal - but if this stat is going to be totally changed to accomodate a different placement - is it really worth months of stress and upheaval to go through tribunal........ Pooh Quote Share this post Link to post Share on other sites
hev Report post Posted January 18, 2007 hello lovey <'> <'> is m in mainstream and he needs to go to a special school for asd?sorry if youve explained this already but ive got confused,if this is the case and lea have agreed,why have you got to fight for an asd placement?im all confused today so bear with me!! Quote Share this post Link to post Share on other sites
UltraMum Report post Posted January 18, 2007 Smiley - I know just how you feel - it's an unending battle BUT Just think how much you may get sorted out about his general needs and provision of resources for him at mainstream from the tribunal ... ... which will then feed into his ASD placement - so you can have a go at half the battle now and then the rest later ... Just re-read this and don't know if that is a comforting thought or not!!!!! You've either got to or <'> <'> <'> <'> Quote Share this post Link to post Share on other sites
smiley Report post Posted January 18, 2007 (edited) UM - Thanks for the hugs <'> . Horrid isn't it. Hev - Little monkey is in mainstream with full-time 1;1 support***. The school have told me (and LEA) that he is only just coping - even with the support he has. They've told me (and LEA) that by the next academic year - he will need to be placed within somewhere ASD specific to meet his needs, as they will not be able to. The spanner in the works is the school - although they are great with M, and very supportive of me.....They won't 'go on record' as saying he is completely failing (YET, they probably will come june ) - therefore, the LEA are saying the mainstream school are meeting his needs at present....... and have got out of finding him an ASD placement. With me so far.... . I've / School have been told the finalised statement will be reviewed in june (ie;bring forward the annual review) to assess if M needs a different school.....(Not that i believe a word of that ) So it's kind of 'stuck between a rock and a hard place' for me at the moment - do i fight and scream NOW to get this stat sorted....... Or do i save my fight for june-ish-time, when i will have to fight for different school. Like i said - Pooh . And if you've kept up with all that - you doing better than me!! (*** - Final statement is saying 20 hours LSA time ........... one if the reasons i need to fight it.) Edited January 18, 2007 by smiley Quote Share this post Link to post Share on other sites
Bagpuss Report post Posted January 18, 2007 Smiley, no advice I'm afraid hun....I'm completely poo at anything to do with statements. We've got our youngest dd's annual review at the end of the month, and I never know if I'm letting her down or not Just to let you know I'm thinking of you and wish I could do/say more <'> <'> Quote Share this post Link to post Share on other sites
UltraMum Report post Posted January 18, 2007 I've / School have been told the finalised statement will be reviewed in june (ie;bring forward the annual review) to assess if M needs a different school.....(Not that i believe a word of that ) So it's kind of 'stuck between a rock and a hard place' for me at the moment - do i fight and scream NOW to get this stat sorted....... Or do i save my fight for june-ish-time, when i will have to fight for different school. OK - another course of action - fight the whole gamut now by saying that you feel that he needs a specialist placement ... or have you already agreed the school (oops!) June is waaayyyyyy too late to sort out next year's placement ... how on earth will you arrange transition to a new placement for September when you may not even have agreed the placement ... I'd check with IPSEA but possibly write to the LEA with your concerns about both the finalised statement and that fact that you no longer feel that this is the best placement for him - have a meeting about it and then take the whole kit and kaboodle off to tribunal in one go! Feel free to ignore Quote Share this post Link to post Share on other sites
Karen A Report post Posted January 18, 2007 Hi I would be pressing as hard as possible now to get evidence of your concerns in writing.I know it is a lot of work and stress.However my concern is that if you do not fight for your case now-come June somone may say that you accepted what was agreed and so do not have a cause for complaint.Sorry I become more synical re LEAs as time goes by.Karen. Quote Share this post Link to post Share on other sites
baddad Report post Posted January 18, 2007 Hi smiler - sorry, hen, I'd totally agree with Karen's post above... If you drop the ball now, the LEA will use THIS statement to undermine any subsequent action you take: "How can his needs have changed so much in the past five months??" I've been in a similar position with my LEA over proposed changes to Ben's statement, and it's been like a tennis match - statement bouncing back and forth, back and forth for months... The one MAJOR sticking point has just been sorted after 'going through' 3 levels of line management & quoting all sorts of legal precedents etc... I don't know what the turning point was, but the last letter I sent said: 'If there is any new legislation implying the need for the statement to be written in the terms you suggest please forward it to me so i can challenge it directly...if there is no such legislation then please amend the statement to reflect the needs that have been highlighted by the school, myself and every professional consulted to date, or explain your reasons in writing for not doing so'... Fight now, no matter how disheartening, you'll probably STILL be battling in June (sorry, but that's the way it is ), but at least they won't be able to claim that THIS statement has set a precedent... L&P BD <'> Quote Share this post Link to post Share on other sites
UltraMum Report post Posted January 18, 2007 'If there is any new legislation implying the need for the statement to be written in the terms you suggest please forward it to me so i can challenge it directly...if there is no such legislation then please amend the statement to reflect the needs that have been highlighted by the school, myself and every professional consulted to date, or explain your reasons in writing for not doing so'... OOH! Can I plagarise this for our ongoing battle? Please? Pretty Please? Grovel .... Beg .... Sorry to 'borrow' your thread Smiley Quote Share this post Link to post Share on other sites
smiley Report post Posted January 18, 2007 UM - You're absolutely right. I know June will be faaaaarrrrrrr too late (especially as most ASD schools i know of have a waiting list of 2 years! If any spaces at all ). The problem i've come up against is evidence. Because the procedure (stat) began in infants - all evidence is from the infants. LEA are refusing to accept ANYTHING other than what was admitted as evidence at that time - hence why it is useless getting more evidence together now. Anyhow - the school sitting on the fence, and not putting something in writing isn't helping. I've contacted EP, SaLT, OT, SEN lady from LEA..... all have been into school - all have made no official comment to LEA I did name the mainstream he's at now - this was because, at the time the school were saying they could meet his needs - that particular bombshell (.......school telling me they weren't coping) hit the week before a meeting with Mr LEA , and months into the prop stat battles. BD - Don't have any fight left . I've thrown all i can at them (ask my little mate - she's seen all my paperwork ). I've thrown all i can at them. I know i sound pathetic and as though i've given up - that's not the case - i have simple gone as far as i am able/can understand on my own. I honestly don't know what to do now. Afraid i haven't been able to find a befriender to help - so it's just me - and hours of pouring over books etc to get me to here. I know their in the wrong - i just don't know how to prove it . And now i've got all . Bloomin' HATE this Quote Share this post Link to post Share on other sites
UltraMum Report post Posted January 18, 2007 Hey Smiley <'> <'> <'> <'> <'> Are you eligible for Legal Aid? check here Get a firm of solicitors on the case ... I can PM you a firm rec to me by IPSEA - you can also have a free telephone consultation ... contacted EP, SaLT, OT, SEN lady from LEA..... all have been into school - all have made no official comment to LEA Can you ask them to send you a report on their last two visits into school or just ask to see their file copies relating to their last visit - I know it's more work hun <'> <'> - just hang on in there ... Quote Share this post Link to post Share on other sites
baddad Report post Posted January 18, 2007 Hi smiler Sorry, Hen <'> <'> I think if you feel you've done all you can then it's a good decision to walk away... No point banging your head against a wall if you feel the wall hasn't got any give in it, is there? What I would say, though, is that i think the LEA are giving you the run around, and perhaps if you can get some other, bigger guns pointed in their direction (local MP? IPSEA? Solicitor? Advocate?) you might be able to turn things round... I haven't looked/don't know the legislation on evidence, but my gut feeling is that the suggestion that NEW evidence isn't relevant/is inadmissable is absolut b*****ks(??). If they are telling you that, I would ask them to provide a copy of the legislation that states it... if they CAN'T provide a piece of legislation to back it up, they CAN'T enforce it! Difficult decision, so do what YOU need to do, OK! Ultramum - 'plagiarise' away! Just don't blame me if there IS any legislation backing them up!! I was fairly sure in my case I was on solid ground, but the words 'foot' 'shoot' and 'self' could come into play... L&P BD Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted January 18, 2007 Can't remember if you have an asd school in mind? I woudl definitely go to Tribunal now. It will be much easier to get it changed now, than it will to get it changed at a Review. If the LEA refuse to make changes to the Statement at the Review, you have no right to appeal anyway. It is highly unlikely that there will be any places left in an asd school in June/July. If it is possible, I would appeal for changes in the Statement and change of placement. Karen Quote Share this post Link to post Share on other sites
Kathryn Report post Posted January 19, 2007 Oh Smiley, I really feel for you, you sound so utterly worn out by this. I think that's what they rely on, chipping away at you bit by bit until they wear you down. <'> My opinion, for what it's worth, is that you should not let your right to appeal slip away now. The process takes about 4 months anyway: you won't get a hearing till May. As Kazzen says, you won't get this chance after the review if they won't amend the statement. And then you're stuck with maybe trying to get a statutory re assessment and all the hassle and delay that entails. If you're going to go through the tribunal process, you might as well put in an appeal against all of the statement - parts 2, 3 and 4 - what have you got to lose? The process takes about 4 months : you won't get a hearing till around May anyway. By then you might have gathered enough new evidence to support an ASD placement. You definitely need support though: someone to help you sort through everything and come to tribunal with you. You'll burn out doing it all on your own. Hang in there <'> <'> <'> K x Quote Share this post Link to post Share on other sites
UltraMum Report post Posted January 19, 2007 Ultramum - 'plagiarise' away! Just don't blame me if there IS any legislation backing them up!! I was fairly sure in my case I was on solid ground, but the words 'foot' 'shoot' and 'self' could come into play... - we're sure too - just about to enter into battle over statement for secondary ... got the solicitors involved now - glad i got DH to buy new car before this all cropped up SMILEY - hang on in there love - we're all rooting for you and yours <'> <'> <'> <'> <'> <'> <'> Quote Share this post Link to post Share on other sites
