Going through the statutory assessment BUT ...

[peaches]

We are just nearing the end of the Statutory Assessment, I think all the evidence had to be in by end of last week. I know its just a matter of waiting, but something has come up.

 

We may be moving house. We need a bigger house, we have been privately renting for a while, biding our time, and all of a sudden we might actually be able to afford a 4 bed house to buy about 15 miles away. This is another education authority. What happens if you move schools and (a) you get a statement or ( you dont get a statement and your child is supported though school budget. All the houses nearby are out of our budget or very small or absolutely dire. We have found one nearby but its not that good, its obvious why it hasnt sold yet.

 

I know it will be disruptive for R to move school, but I am hoping to keep this thread centred on the impact on statementing when moving house etc.

[MurphySG]

If you move into a different LA, responsibility for maintaining a statement moves to the new LA.

 

The relevant procedure is at 8.113 - 8.115 of the SEN Code of Practice. The code of practice can be found here : http://www.teachernet.gov.uk/_doc/3724/SENCodeOfPractice.pdf

 

In short, if not practicable (eg distance) to maintain the child even for an interim period at the existing school, then the new LA may place the child at another school - I wouldn;t have thought that was relevant if you are only talking 15 miles. Otherwise, they cannot move the child or otherwise amend the statement without formally reviewing it under the rules we all know and love and issuing a new amended statement.

 

From memory, if you move during an appeal period, then the new LA is substituted for the old LA as respondent authority. (I haven;t looked this up so don;t treat this as cast in stone)

 

I would have thought that if you move during a stat assessment period (when a statement has not yet been made) then logically your old LA cannot issue a statement of special educational needs because they are not the relevant authority - the process would have to transfer to the new LA.

 

If you are thinking that a statement will be issued before you move which names one school and then when you move you will want another school then I really don;t know. I think that if you make a request for a change within one year of the statement being made then the LA do not have to agree. Although a new LA has discretion (as above) to review the statement, which would include part 4 (named school)

 

As to the scenario of no statement & eg School Action Plus then a change of school would be a straightforward school admission issue. If the new school had no available places you would have to appeal to get R in and make your case to an independent school admissions panel. The continuing SEN provision would be determined at school level if you got R in. I don't know how old R is but you should consider whether infant class size provisions would apply - if they do it would be very difficult if not impossible to succeed at appeal.

Edited February 3, 2009 by MurphySG

[MurphySG]

Peaches - I have just seen it is you that posted.

 

You may well really want to buy, but I think I am correct that you are looking at an SGO for a grandchild.

 

If so, before you buy and commit to mortgage you should talk to your solicitor about getting the LA to give you and your husband an assured tenancy within the proceedings. Sometimes it works sometimes it doesn't - but worth exploring especially in view of a possible need to stay within a LA for schooling and continuity.

Edited February 3, 2009 by MurphySG

[Karen A]

Hi peaches.I have just realised I can help with the don't get a statement and child is supported through delegated fund bit.

If a child does not have a Statement of SEN then there is no obligation for an individual school or LEA to provide anything.The school SENCO of the new school would probably reassess the child and decide whether in his/her opinion any support is needed.They would then decide whether to place the child on the SEN register and what support to provide.There are no rights regarding admissions to schools for children who have been on the SEN register at one school and are looking for another school either.

So it would be a case of attempting to talk to SENCOs at the various possible schools to attempt to establish how good SEN provision is generally.

If you think that the current LEA are likely to issue a Statement it might be worth attempting to do some research on the other LEA to find out whether they are as likely to issue a Statement or whether there is a risk they could reassess and withdraw the Statement.

In my area even for children with Statements in neighbouring LEAs there can be quite a big difference in what is documented in the Statement.For example Ben is similar in many respects to the son of a friend.The friend lives in the next LEA to ours.Ben has a better level of provision than my friend's son.I think that our LEA generally has a better record regarding Statements than the neighbouring LEA.In short it may be worth researching the LEA in the area you are considering moving to.It would then be a difficult debate balancing the gains of the bigger house against possible losses if the neighbouring LEA is less supportive of children with SEN.Unless it turns out that the prospective LEA is wonderul....which could be great all round.Karen.

[peaches]

Peaches - I have just seen it is you that posted.

 

You may well really want to buy, but I think I am correct that you are looking at an SGO for a grandchild.

 

If so, before you buy and commit to mortgage you should talk to your solicitor about getting the LA to give you and your husband an assured tenancy within the proceedings. Sometimes it works sometimes it doesn't - but worth exploring especially in view of a possible need to stay within a LA for schooling and continuity.

 

Family sized council houses are like rocking horse poo round here. We have tried to get one previously when we first got the residence orders and despite all the letters from social workers and cafcass guardian we didnt even get priority. To be honest, if a council house becomes vacant around here it is always in the absolute worst area. We have had problems with anti social behaviour before when we were with a housing association and there is no chance I would risk it again as it made all our lives a misery. So thanks for the thought, but we want to buy really.

 

However, there are some shared ownership homes coming up soon which are within our authority. They are not near our current school, but the drive would only be 10-15 minutes so Im looking into that now. Trouble is, the house furthest away (another LEA) is really the nicest house of all of them. But if it meant starting again with the statement I wouldnt do it.

Edited February 4, 2009 by peaches

[peaches]

If you move into a different LA, responsibility for maintaining a statement moves to the new LA.

 

The relevant procedure is at 8.113 - 8.115 of the SEN Code of Practice. The code of practice can be found here : http://www.teachernet.gov.uk/_doc/3724/SENCodeOfPractice.pdf

 

In short, if not practicable (eg distance) to maintain the child even for an interim period at the existing school, then the new LA may place the child at another school - I wouldn;t have thought that was relevant if you are only talking 15 miles. Otherwise, they cannot move the child or otherwise amend the statement without formally reviewing it under the rules we all know and love and issuing a new amended statement.

 

From memory, if you move during an appeal period, then the new LA is substituted for the old LA as respondent authority. (I haven;t looked this up so don;t treat this as cast in stone)

 

I would have thought that if you move during a stat assessment period (when a statement has not yet been made) then logically your old LA cannot issue a statement of special educational needs because they are not the relevant authority - the process would have to transfer to the new LA.

 

If you are thinking that a statement will be issued before you move which names one school and then when you move you will want another school then I really don;t know. I think that if you make a request for a change within one year of the statement being made then the LA do not have to agree. Although a new LA has discretion (as above) to review the statement, which would include part 4 (named school)

 

As to the scenario of no statement & eg School Action Plus then a change of school would be a straightforward school admission issue. If the new school had no available places you would have to appeal to get R in and make your case to an independent school admissions panel. The continuing SEN provision would be determined at school level if you got R in. I don't know how old R is but you should consider whether infant class size provisions would apply - if they do it would be very difficult if not impossible to succeed at appeal.

 

[peaches]

The statementing process is nearing its end and it will be at least a couple of months before we move, even if we sign tomorrow so Im thinking that we will get our statement before we move. No one (school nor LEA) knows we are moving because we are not, so far. Nothing has been signed or even applied for. I am hoping the statement comes soon then I will know what to do!

 

I am going to check all my correspondence for the timescale again.

 

Thanks all!

[peaches]

The statementing process is nearing its end and it will be at least a couple of months before we move, even if we sign tomorrow so Im thinking that we will get our statement before we move. No one (school nor LEA) knows we are moving because we are not, so far. Nothing has been signed or even applied for. I am hoping the statement comes soon then I will know what to do!

 

I am going to check all my correspondence for the timescale again.

 

Thanks all!

 

I have decided to go all out to try and afford a house round here.

[peaches]

I have decided to go all out to try and afford a house round here.

 

Well, despite our best efforts it makes good financial sense to move areas, so I am looking into possibilities with LEA and new schools. I dont want to move him, but it might be better in many other ways as he will have nicer, roomier surroundings (more space to play Wii!!).