Final statement

[Flora]

It is now 10 weeks since I received the draft statement.

 

BUT it is only 26 weeks since I requested a stat assessment (this is because the initial stages took less time than expected).

 

Question 1.... are the LEA allowed the full 26 weeks or are they supposed to stick to the 8 weeks deadline for issuing the final statement regardless of how quick they got through stages 1 and 2? Hope that makes sense!!

 

Question 2... are LEA's allowed to issue a statement without naming a school in part 4? (ie, in the case of a child who is signed off sick and receiving home tuition from the LEA).

 

Question 3.... If a parent requests a statement is finalised, regardless of whether they agree with it or not, are the LEA allowed to ignore this request and decide to seek further advice from professionals?

 

The reason I ask is because when I received the draft statement I asked the LEA to finalise it immediately.

 

Meanwhile they've dragged this out and have now asked for further advice from autism outreach. Even though the outreach teacher had already submitted a report as part of the stat assessment, he came out again a couple of weeks ago as he'd been asked as a 'matter of urgency' to give further advice to the LEA. He still hasn't submitted his report and apparently this is what the LEA are waiting for before they issue the statement.

 

The draft statement was sent out dated 17th July and I've asked them to finalise it no less than 4 times since then (each time in writing).

 

what the heck are they playing at? Are they just being thorough and maybe now seriously considering my school request realising that they probably will have a tribunal on their hands. Or are they just wasting time?

 

Any advice welcome!

 

flora

[Kathryn]

Hi Flozza,

 

Just gone to look at what the law says:

 

Question 1 - The regs say quite clearly that it's 8 weeks from the date of the proposed statement to final statement. So the length of time the assessment took is irrelevant. Of course the time limit can be extended if the parent asks for meetings.

 

Question 2 - Yes if they think a school isn't appropriate.

 

Question 3 - The regs state clearly that a parent has the right to request meetings and consultations with the LEA and relevant professionals, and this can delay the issuing of a final statement. They do not say that the LEA also has the right to do this.

 

So it appears your LEA are not playing by the rules. Maybe your first theory is true, but I'm a cynic.

 

Check everything I've said out with IPSEA, who will be able to advise you on the swiftest way to put a boot up the proverbial backside of the LEA.

 

K x

[Flora]

Kathryn

 

Thank you so much for that.

 

My solicitor has written a letter which they'll have received yesterday (that was sent to the chief executive who we've been keeping informed). I have also emailed the LEA officer (yesterday) requesting the final statement immediately.

 

We are giving them 7 days (which will be next Monday) and then my solicitor is going to arrange a judicial review of the whole mess if they haven't come up with the goods. Depending on what is in the final statement it may well still be subject to a judicial review, but we can't do anything until we have the final statement which they are obviously reluctant to issue.

 

I have a paper trail which is evidence of their mishandling of the case.

 

Flora