Letter from LEA

[JenRose]

I wrote to the LEA asking them to finalise M,s statement and naming a special school on part 4.

 

Just got this today

 

"you write that you disagree with parts 2,3 and 4 of the Proposed Statement, but do not say what it is you disagree with. It would be helpful to meet to discuss your concerns, or receive them in writing as soon as possible as it is always our intention to resolve any issues as early as possible.

 

"You go on to request a place at XXXXXXXX XXXXXXX School for M. This is the first time you have indicated that you were seeking a special school place for M. The advice received as part of the assessment did not indicate that M needed specialist provision, hence our consultation with XXXX XXXXXXXX School. This school is willing to offer M a year 5 place and the Headteacher is keen to appoint a Teaching Assistant for him as soon as possible.

 

Then she goes on to ask me to meet with her and that she will make the statement final within a week.

 

I cancelled the last meeting as i was advised by our psych and IPSEA that it was a delaying tactic and as M,s proposed statement was so badly worded/funded/lack of provision that i would be better off going to tribunal.

 

The lea lady doesnt seem to be very happy with it.

 

Is this normal from the LEA, will they keep trying to get me to discuss the proposed statement so that they dont have to make it final?

 

Thanks

[loulou]

Hi JenRose,

 

I would be inclined to contact IPSEA about this letter before you contact the LEA. It's difficult to work out what they are trying to say. I think you need some sound advice before you discuss anything with the LEA.

 

Loulou xx

[PinkSapphireAngel]

They have got to stick to very strict time limits so I would say let them get on with it if they are not willing to make the changes you want go to SENDIST

[JenRose]

ive told our psych about the letter and he,s drafting a response for me.

He has suggested we meet with them, but let them finalise the statement and then meet with them, we want to go to SENDIST because the statement is so badly worded.

 

Im going to contact IPSEA as well, they did advise me to write though asking for them to finalise the statement and i told them that we hadnt told them we wanted a special school and the lady said it didnt matter.

[darky]

I would say its a potential delaying tactic and possibly to make you wobble over what they should be doing. Best not to meet with them, and keep everything in writing. If you have to finalise the statement and you don't agree with it, then finalise it and ask for your rights to appeal against it. Don't worry about offending them!!

[Kazzen161]

I am not surprised at their response. LEAs are supposed to discuss any issues with you and try to resolve them - it would not look good for them at a Tribunal if they had not tried to do so.

 

If you went to a meeting - they would probably agree to some of the changes, and then reissue the proposed statement.

 

Karen

[UltraMum]

Check with IPSEA but my advice would be to reply along the lines of ...

 

Thank you for your letter of ____. We have already provided you with details of the areas that we disagree with in X's proposed statement in our correspondence dated ____. It has not proved possible to come close to agreement on these issues so far so we repeat our request that you finalise X's statemennt so that we can appeal to SENDIST. We should be happy to resolve these issues without a tribunal hearing. We are happy to arrange to meet with you to discuss these areas but not at the expense of delaying an appeal to SENDIST. We believe that XXXXXX XXX school will be suitable and able to meet X's particular special educational needs and are exercising our right to express our preference in the matter of the school that X will attend.

 

 

Regarding the school bit...

IPSEA publicized a letter that was sent to all LEAs in Nov 2005

http://www.ipsea.org.uk/DfESletter2LEAs15-Nov-05.pdf

and it says:

Naming a school in a child's statement

 

Recent correspondence we have received has highlighted some misunderstandings about the processes to be followed prior to naming a school in Part 4 of a statement. I hope the following will clarify the position.

 

Where a local authority, having made a first statutory assessment of a child or at the time of amending a statement, sends a copy of a proposed statement or a proposed amended statement or a copy of the existing statement and an amendment notice to the parent, the written notice which must accompany these documents must contain the information as specified in Schedule 1 to the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001, by virtue of regulations 14 and 15 respectively of those Regulations (a copy of which is to be found in the back of the SEN Code of Practice 2001).

 

This information must include a list of all primary or secondary schools, as appropriate. This list should include all maintained schools (including special schools) within the area and all non-maintained special schools approved by the Secretary of State under section 342 of the Education Act 1996 and all independent schools approved by the Secretary of State under section 347 of the Act.

 

Maintained schools

 

Parents must be invited to name the maintained school they would like their child to attend. Where a parent expresses a preference for a particular maintained school (mainstream or special school), the local authority must consult the school concerned, and in the case of a school maintained by another authority that local authority as well. When consulting, the Authority must send a copy of the proposed statement, amended statement, or existing statement and an amendment notice. In all cases the appendices to the statement must be included. As part of the consultation process the Authority should write to the school and other authority to ask them whether, in their opinion:

 

* the school is unsuitable to the child's age, ability or aptitude or to his special educational needs;

* the child's attendance would be incompatible with the efficient education of the children with whom he would be educated, or

* the child's attendance would be incompatible with the efficient use of resources.

 

These criteria are set out in paragraph 3(3) of Schedule 27 to the Education Act 1996.

 

If the school or local authority opposes the naming of the parent's preferred school on any of the grounds specified above, the "home" authority should consider very carefully their reasons for doing so, before deciding whether or not to name the school, not least because once a local authority names a particular maintained school in a child's statement, that school must admit the child,

!f a parent does not express a preference

 

If a parent does not express a preference for a particular maintained school or the local authority decide not to name the parent's preferred school in the statement, the authority must nevertheless specify a school or other institution in the statement which the authority consider would be appropriate for the child and should be specified.

 

When considering possible schools for the child, they must bear in mind that the child must be educated in a mainstream school, unless this would be incompatible with the parent's wishes or the efficient education of the other children and there are no reasonable steps that could be taken to prevent that incompatibility (section 316 of the Act).

 

The local authority must consult the school and, in the case of a school maintained by another authority, that local authority as well. As part of the consultation the Authority should write to the school and the other authority to ask them whether, in their opinion, the child's attendance at the school would be incompatible with the efficient education of the other children and to consider whether there are any reasonable steps that they or another authority could take to prevent any such incompatibility.

 

If the school or local authority opposes the naming of the school on this ground the authority should consider very carefully their reasons for doing so before deciding whether or not to name the school.

Edited February 10, 2007 by UltraMum