Annual Review for amended Statement?

[BusyLizzie100]

We have received a reminder that the annual review for DS1's statement must be completed by April 2010, but an amended statement is about to be issued as a result of our appeal to Tribunal .

 

Surely the annual review should now refer to the new statement, ie it should take place a year from now, and not as per the original statement dated May 2009?

 

It might just be an administrative oversight, but I can never be sure with my LA.

 

Is there are any guidance on this?

 

Lizzie

Edited November 9, 2009 by BusyLizzie100

[julie1]

No we had this happen to us and the date for the anuual review was based on the old statement. I know it seems daft but thats just the how it is. Still at least you have a few months until the review. this should give you a chance to see if things are working now.

[JsMum]

 

 

I dont know the answer but agree with you it should be a year after the ammended statement, you could check it out with IPSEA to ensure when the annual review is.

 

Hope you get some answers soon.xxxx

JsMumxxx

 

[Kathryn]

Hiya, Lizzie,

 

Been checking this out as I wasn't sure myself.

 

Unfortunately the LA are within the law here (now isn't that a surprise? ) - the review must be within 12 months of actually making the statement, i.e. the date the original was finalised. Subsequent amendments don't start a new 12 month cycle. It does seem illogical I know, but that's the way it is.

 

EA s 328 (5) ( b ) and COP 9:2 apply here.

 

K x

Edited November 9, 2009 by Kathryn

[BusyLizzie100]

Hiya, Lizzie,

 

Been checking this out as I wasn't sure myself.

 

Unfortunately the LA are within the law here (now isn't that a surprise? ) - the review must be within 12 months of actually making the statement, i.e. the date the original was finalised. Subsequent amendments don't start a new 12 month cycle. It does seem illogical I know, but that's the way it is.

 

EA s 328 (5) ( b ) and COP 9:2 apply here.

 

K x

 

Thanks for that! I suppose it might not be a bad thing in some ways...

 

Lizzie x

[Sally44]

If it takes ages to actually come to an agreement and finalise the Statement ie. it goes to tribunal. Is the annual review from the tribunal date? We did not agree the proposed statement (made in Oct 2007) and the tribunal date was end of January 2008 when it was finalised. So I presume our annual review will be at the end of January each year???

[Kathryn]

Sally - the review would be 12 months from the date of the finalised statement - the tribunal process wouldn't affect it. You must have had a final statement in order to start the appeal process?

 

K x

[Sally44]

Okay now I know what you mean.

In our case we had a proposed statement that we did not agree to. Finally my solicitor told the LEA to finalise it so we could go to tribunal. So now I need to get in touch with my LEA, because that happened way before the tribunal date.

I may have an AR coming up that I know nothing about.

[Sally44]

Well there you go. Just found out the Annual Review date should have been around July 2009 as the Statement was finalised in July 2008. So now I have yet another thing to raise at the MEP meeting this Friday.

[Kathryn]

Well there you go Sally! Your LA has broken the law, apparently.

 

 

Going back to your situation Lizzie, yes an earlier annual review might be a good thing for you. If there are issues that need thrashing out, April is a good time in the academic year to do it, methinks!

 

K x