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Sally44

When are Private Reports out of date?

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I had been told by my LEA that they would accept my previous private reports from Nov 2008. Then the LEA did not include them at all in the documents towards the Proposed Statement (which I have complained about and asked for them to be included). Then the LEA told me they were too old for SEND to consider. So I phoned SEND to ask them some questions myself.

The woman said that all information, however old, can be included. Obviously more up to date information is best, but that they frequently come across teenagers who have not had any up to date reports since they were around 4!

So just thought I'd post that info, incase anyone else is wondering whether to include certain documents or not. The answer is, if it proves a point or contains relevent information include it.

She also said I could include the previous Statement, along with the reports that went to make up that Statement for comparison with the new document produced by the LEA to demonstrate to Panel the difference between the two Statements within the space of a year. She also said I could include documentation about non-compliance as it was relevent information.

I'm waiting to see what amendments the LEA makes to their Proposed Statement. Then I presume I will be asking them to finalise it and make my appeal.

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Thanks Sally,that's really useful to know - I have to say that I have seen recently amended statements containing quotes directly from 2 years plus reports.

 

Also autism is a life-long condition, so there should not be an automatic assumption that older reports are no longer valid.

 

Hope you don't have to go to tribunal - are you going that way or judicial review?x

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I am waiting for a response from the LEA to my solicitors letter.

The private EP I want to use thinks I have a good chance to get an independent placement now due to my son's severe academic difficulties associated with his ASD.

But that will probably require all new reports and everyone as expert witness at tribunal.

I think I will get an updated EP report and see what her feeling is.

But at least I know I can go with my previous reports (or just the updated EP report) and the previous and new Statement.

The fact that I have no amendments following the Annual Review and have the notes taken by the Parent Partnership where the EP agreed further input to be quantified and specified will also be very useful.

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