advice needed - statement review and more

[scrappybunny]

Hi,

 

Just a few queries re our current statement, all advice very welcome

 

 

I am not sure if I even have a copy of our latest statement but...

 

our LEA rang me 6 weeks ago to say they were issuing an amendment notice, is there a particular time limit for this?

 

we have our annual review next week so would they be waiting for that?

(I will DEF be appealing their choice of school , so want to make sure I get my facts right.)

 

The statement that I have a copy of names a mainstream high school. This was mentioned but over two years ago we all sat and decided (at a review) that we needed Special Ed, but that school name was never removed.

 

(my son is 13, has Aspergers, and hasnt been in school for two years as the LEA havent found a suitable place - VERY long story)

 

can anyone advise on my best course of action?

 

The LEA said they were issuing an amendment to name an EBD school. I asked for Aspegers specific provision. I have my consultant and psychologist both supporting me in this.

I have already been advised that I should go to SENDIST NOW before they change the name, and not ask for a specific school but just say that current named school is wrong - which of course it is, no mainstream will take him.

But surely if I do that now, they will name the school they want, the EBD one?

 

I spoke to IPSEA who said that once I had a Statement then I gave up my rights to make decisions about my childs education, and if the LEA name a school then I have to send my child there or provide education myself

 

 

hope this makes some kind of sense, we have a huge mess of a situation here and tbh I am NOT looking forward to this review meeting next week.

 

thanks in advance

[Flora]

Hi,

 

I spoke to IPSEA who said that once I had a Statement then I gave up my rights to make decisions about my childs education, and if the LEA name a school then I have to send my child there or provide education myself

thanks in advance

 

hi

 

I don't think this is correct. My understanding of it is that everyone concerned (including parents and the child) have a say. Having a statement is not giving up rights!!! I'm sure someone will be along soon to say if this is right or not. You can go to tribunal to fight for your school of choice.... If it were true that you gave up rights to make decisions on your child's education if they have a statement... I doubt anyone would want their child to have one... I know I wouldn't.

 

Hope someone who can advise you properly will come along soon.

 

Flora

[scrappybunny]

thanks Flora

 

 

one slight problem is that I dont have a school of my choice. I've tried one school, and had an assessment, but it was a disaster (our LEA had said it was okay to check out that school)

then I've been ringing around any school I can find on the net but they are either full or cant meet his needs.

 

*sigh*

[annie]

Hi Scrappybunny,

 

Welcome to the forum .

 

I would give IPSEA another ring because as Flora says, that doesn't sound right.

 

This information is taken from the SEN Code of Practice regarding amending an existing statement. Hope it helps.

 

Annie

xx

 

 

 

8.20 Amending an existing statement

 

Where the LEA propose to amend a statement, whether to change the name of the school in Part 4 or for any other reason, they must write to the child's parents, informing them of that proposal and of their right to make representations within 15 days of the receipt of that proposal. LEAs should always explain the reasons for the proposal and ensure that the parents have copies of any evidence that prompted the proposal. A proposal to amend the statement will most often arise from the annual review: the parents should have already received copies of the review report and the LEA's recommendations.

 

The LEA must consider any representations made by the parents before deciding whether and how to amend the statement. If the authority concludes that an amendment should be made, they must make that amendment within eight weeks of sending the letter of proposal to the parents. They must also write to the parents informing them of the decision and the reasons for it; enclosing a copy of the amended statement and any relevant advice; and giving details of the parents' right of appeal to the Tribunal against the description in the statement of the child's special educational needs and the special educational provision, including the name of the school. The LEA must also tell parents the time limits for appeal. If the LEA decides not to go ahead with the amendment, they should write to the parents explaining why, again within eight weeks of the original letter setting out the proposal to make an amendment.

 

When a child transfers from one school to another, either because they have moved to a different address but remain in the same authority or because of a phase change of school (for example from a primary to a secondary school), Part 4 of the statement will always need amending. Information and recommendations from an annual review meeting may also indicate the need for alterations to an existing statement.

 

In all cases LEAs should first write to inform parents of their proposal to amend the statement and explain the reasons for their decisions. It may be appropriate to offer a meeting with parents and the school to explain more fully the decision and the reasons for any new proposals for the child's provision.

 

When the statement is amended a new document should be issued which clearly states that it is an amended statement and the date when it was amended, as well as the date of the original statement. Additional advice, such as the minutes of an annual review meeting and accompanying reports, that contributed to the decision to amend the statement, should be appended to the amended statement in the same way as the advice received during the statutory assessment. The amended statement should also make clear which parts of the statement have been amended, so that parents and professionals can clearly see and understand the changes.

 

When the amended statement is issued parents must be informed of their right of appeal to the Tribunal against the amendments, and of the time limits within which they should appeal.

 

As indicated in Chapter Nine, the date of the next annual review should be on the anniversary of the date of the original statement rather than the date of the amended statement.

 

Summary

[Kazzen161]

>>one slight problem is that I dont have a school of my choice. I've tried one school, and had an assessment, but it was a disaster (our LEA had said it was okay to check out that school)

then I've been ringing around any school I can find on the net but they are either full or cant meet his needs.

 

I think Ipsea mean that you cannot appeal to Tribunal because you do not have a suitable alternative school to name.

 

If you let us know what area you are in, we may be able to give you some suggestions. Would a residential school be OK?

 

Karen

[scrappybunny]

>>one slight problem is that I dont have a school of my choice. I've tried one school, and had an assessment, but it was a disaster (our LEA had said it was okay to check out that school)

then I've been ringing around any school I can find on the net but they are either full or cant meet his needs.

 

I think Ipsea mean that you cannot appeal to Tribunal because you do not have a suitable alternative school to name.

 

If you let us know what area you are in, we may be able to give you some suggestions. Would a residential school be OK?

 

Karen

 

 

That would be great Karen.

 

I am in Devon, and know there is very little provision here.

 

We are def looking for Aspgergers provision rather than mainly EBD. We are looking at any southern area - residential wasnt what we wanted but we do accept that this is now inevitable

 

many thanks in advance for your help/suggestions

 

 

re appealing against the named school, advice given was not to suggest a school in the appeal to SENDIST but just to say that it is wrong - iywkim )

 

(Edited by moderator to remove school names)

Edited March 20, 2007 by annie

[Kazzen161]

re appealing against the named school, advice given was not to suggest a school in the appeal to SENDIST but just to say that it is wrong - iywkim )

 

(Edited by moderator to remove school names)

 

You could do that - but you need to be sure that there is a school somewhere that can meet his needs, and has a place available - the LEA can't be faulted if none exists.

 

How old is your son?

 

Karen

[scrappybunny]

You could do that - but you need to be sure that there is a school somewhere that can meet his needs, and has a place available - the LEA can't be faulted if none exists.

 

How old is your son?

 

Karen

 

he's 13 (year 9)

 

(apologies for posting the school names)

 

is it my responsibility to find a school? the LEA have suggested only one, and know my feelings on that particular school (which I did go to visit).

I'm wondering how on earth to even find a school.

Edited March 20, 2007 by scrappybunny

[Kathryn]

Hi scrappybunny, and welcome to the forum.

 

Keep looking around for suitable schools and don't give up: hopefully people with knowledge of your area will make some useful suggestions you haven't already tried.

 

Don't worry what to say to SENDIST just yet: you still have time to think about it.

 

You can't start the appeal process until you get the final amended statement and the accompanying letter telling you that you can appeal. You then have two months to put your appeal in.

 

When you do send in the SENDIST form stating your reasons for appeal, say that you disagree with part 4 (named school) and describe (as clearly as you can at this stage), the kind of school you would like named instead, (eg ASD specific, residential). It's OK to say you're still looking at schools, so that buys you yet more time.

 

It may not be enough to ask for a change to the school named - the rest of the statement will need adjusting as well if it was issued when your son was in mainstream?

 

Check part 2: does it still describe your son's needs accurately?

Part 3 of the statement sets out in detail the kind of provision to meet those needs - it should describe ASD specific provision if that's what you want, not a mainstream or EBD school.

 

So when you get the final amended version, scrutinise the whole thing carefully and consider appealing against parts 2,3, and 4 - they are closely linked together and if you appeal all of it you increase your chance of success.

 

Apologies if you've been told all the above already!

 

Difficult times: so many decisions and things to think about, but hang in there

 

K x

[scrappybunny]

thanks Kathryn, thats really useful.

 

You're right, the whole statement is really out of date, it was put together when he was in a First School, but now should really be half way through High School, and very little has changed. They didnt even change the part with his diagnosis when that got confirmed.

 

In fact last night, we decided that we needed to probably sit down and rewrite the whole thing, spelling out what we'd like to see in the statement, and gather together some supporting evidence. We have our review meeting on Monday so am just trying to stay sane until then

 

 

huge thanks again

[Kazzen161]

>>is it my responsibility to find a school?

 

It is not your responsibility - but the LEA are not as motivated to find the right school for your son as you are. They can be selective in which schools they suggest (for financial or other reasons).

 

I found my son's junior and secondary schools - both were known to my LEA, but they did not mention them to me.

 

Karen

[scrappybunny]

thanks Karen,

 

I thought this was the case, which is why I'd been looking around myself, but I just needed to check. Looks like I'll be continuing my search