Received amended statement after annual review

[Carrera74]

I hope you lovely people can help me! (again!)

 

DS's review was held on 11 December and was only brought forward as he was really struggling and I jumped up and down at anyone who would listen.

 

The statement was changed due to a SALT, EP, new behavioural plan, CAMHS advice and OT advice and I asked a the review would all these documents be taken into consideration and the LEA rep told me they would all go into one document - his statement.

 

I have received the amended statement this morning and I can't believe what I read. It's is virtually the same as his original statement from Year 5/6 (he's now in Year 8). His first statement was a BESD statement and this was changed at Easter 08 when he got his diagnosis. They only changed the word BESD to ASD throughout the statement and that's about it. At his review before going to high school I asked for a special school placement as he was at a short stay school due to being permanently excluded from mainstream. The LEA agreed to this but changed nothing else in the statement. I was very niave and as they agreed a special school I thought everything would be okay. He went to a BESD special school and things have gone downhill since. In March 2009 I went to tribunal to appeal against part 2, 3 and 4 of his statement as his statement reads as a BESD statement and I felt (and still do) that the school he is at is not meeting his needs. We lost the appeal as the school we wanted was too expensive but the panel did say that the LEA/school should look at the statement and have EP/SALT input at his next review.

 

On the front page of the statement it lists the advices and they all refer to the documents from when he first went through the assessment process, nearly 3 years ago. There is no mention of the reports that I've listed above which are the reason why the LEA agreed to change the statement. All the objectives are exactly the same as before. There are 3 sentences added that aren't in the previous statements but that is it. I'm so peeved off. I have been asking for help since the tribunal in March 2009. I have been jumping up and down for the EP report. School have only just put a behavioural plan in force after the inappropriate hold and further disruption at school. The SALT have done a report and there is no mention of that and nothing about the OT report that I sent to the LEA.

 

I wanted the statement changing so I can appeal against the named school but I just feel I am back to square one and will have to appeal against part 2, 3 and 4 yet I didn't get anywhere last time.

 

The LEA are dragging their heels - it's taken them 2 months to get this farce of a statement out to me and I now have another 15 days to wait before I can appeal. It'll be the Summer hols before we know it and in the meantime my young man is falling further and further behind and the LEA get away with it.

 

Can anyone advise what I should be doing? Do I say I am happy and just go with the appeal route or do I question why none of the reports are incorporated into the statement?

 

Edited February 20, 2010 by Carrera74

[Kathryn]

Very frustrating. I think it would be a good idea to put your objections in writing, but let them go ahead and finalise the statement as soon as possible so that the appeal is not delayed. From what you say it sounds as though the LA wouldn't be prepared to change much, even if you asked for a meeting.

 

K x

[Sally44]

I agree.

Can you put together exactly what you want and how you want it worded. Check it with IPSEA to make sure it is worded right. Then send it to the LEA saying that you want this wording added as per the additional reports submitted at the AR. And if they are not prepared to make those amendments please finalise the Statement.

My understanding is that if they have made any changes, which they have, you have a right to appeal to SEND and you can appeal against anything in the Statement, it doesn't have to relate only to the pieces they have altered.

I know that is a pain to have to go through that. But if they have not done as the tribunal recommended ie. include SALT etc, then this is your evidence to tribunal that they did not do as the tribunal advised last time (did the tribunal put this in writing to you/LEA?).

If they hadn't amended you would have been looking at asking for a re-assessment of the Statement, which takes you right back to the beginning of the Statement.

[Carrera74]

Thanks for your comments.

 

I'm going to put my thoughts in writing to them. It just maddens me that they are dragging this out. There's things in the statement that are so out of date and I have requested that these be taken out before and they haven't. It's only small things like waiting to go for eye tests/hearing tests but they were done as part of the ADOS and it still looks like he hasn't had an eye test since primary school. It's so annoying. I'm glad for this site though as I can vent off some steam.

 

I'm definately going to appeal. I'm just not sure whether to just let them finalise the statement then throw everything at them at Tribunal or see if they will change the statement. Either way the school isn't appropriate so I'm going for appeal anyway.