Annual Review

[yorks]

Some of you may have seen my previous posts regarding my step son. Long story cut very very short. Stepson lived in Yorkshire with a Statement which stated in Part 4 very clearly he needs a special school. He moves to live with us in Essex and after a horrendous 8 month battle we had no choice but to agree to mainstream primary with 30 hours 1:1 support as they had no other provision. I know this probably sounds ample support but he does still need a special school. We can already see 2 weeks in that they can't really meet his needs.

 

I wonder if anyone can help me with this issue. We have been told that the annual review will now be held in Oct 2010. I strongly suspect that they will try to change Part 4 of that Statement which my partner and I totally and utterly disagree about. The deputy head who is also the SENCO has also told me we need to start thinking about a secondary school which is totally inappropraite at this stage.

 

Can they change Part 4 just like that and how can I defend our position?

 

Many thanks

Yorks

[call me jaded]

You need to get some good independent advice - IPSEA or NAS or something locally.

[Kathryn]

Can they do it? Yes, legally they can change anything in the statement. However to do so without evidence would be unreasonable. If they are doing this, they ought to change part 3 as well to match(which presumably describes special school provision as it stands).

 

Whatever they do, you have the right of appeal against the whole statement, and that would be your best move after you get the annual review decision. Strong evidence that a special school is still necessary will strengthen your case, and you will have to be clear about the provision you want in part 4.

 

K x

[Sally44]

If you have any evidence of him not coping or not making progress in this new school then you need to make sure you have that on file because that is your evidence that the move to mainstream is not working. Also evidence on file of what experience, training and approaches the mainstream school is using that is appropriate for autism. For example do they use the TEAACH structure?

Yes, as already said, anything can be changed at Annual Review, but there should be professional reports to back that up and not just the LEA deciding to amend.

As already said parts 2, and 3 add up to placement in part 4. So be very sure that those sections do identify each and every need and that part 3 quantifies and specifies in terms of hours of support and staffing provision how each of those needs will be met.

What year is he in now for them to be considering secondary placement?

Do the LEA have any special secondary schools?

If an LEA does not have a suitable placement then you can look out of county (to neighbouring LEAs) and also at independent special schools. It is harder to get places in those types of schools, but you have nothing to lose if the current placement is not working and nothing else is available.

The professional that can advise on the kind of placement needed is the Educational Psychologist. What is the LEAs EP saying about your son's needs?

If you needed a private report to support any appeal then the EP one would be the first and most important.

A move to such a placement (out of county or independent) is usually more successful at transfer for year 7 rather than before. But if you had alot of evidence (can you get any written advice from his former school about the kind of school they felt he needed?) you might be successful in achieving a transfer earlier if that special school had an appropriate peer group.

If any changes are made to the Statement you can appeal.

The other option you have now is judicial review. If his Statement says 'special school' and he is not in one, then you maybe able to apply for judicial review? That would be worth checking because it would cost you around £300 to get the solicitor to apply and if they continued the solicitor would work for your son and you would not be charged anything else. I'm not certain, but I think that sometimes the solicitor can get up to date reports as part of the judicial review and again you would not need to pay for them because the legal work is for your son and not you as parents.

In my case, after I complained about none compliance, the LEA decided to totally re-assess my son's Statement and as part of that assessment they have produced a new Proposed Statement which has removed all the previous provision that was quantified and specified in the original statement. And because it is a Proposed Statement and not yet finalised I cannot go to judicial review for the old one, because that has now ceased. And I have to get the LEA to finalise the new statement to go to appeal.

So if you have a chance of judicial review now that might be your better and cheaper option because judicial review is about the courts ensuring the current Statement is upheld and instructing the LEA to do that. If the LEA decide to make changes so that the Statement no longer states a 'special school', you will need to gather your own evidence that that is what he does need. You may need to get professional reports for that which are not cheap.

So my advice is to get some advice via IPSEA, NAS or sossen.org. And get a solicitor's advice. And don't let onto the LEA that you are considering judicial review, because they can send a letter of re-assessment before you start the judicial review process and if they do that you won't be able to proceed with that option.

[yorks]

Thanks very much to you both. To be honest I'm dreading the whole thing starting all over again but there you go. What I find so amusing is that they will not make a decision on what he actually needs but purely on what provision they have and expect us just to happily go along with it!!!!!!!!!!! I have to laugh at the current headteacher who has told me god knows how many times since I have met her, " I don't believe in labels such as ADHD or Aspergers" I've politely told her that my 20 yrs experience as a mental health nurse has given me a rather different outlook on that issue lol lol

 

Not sure if this is a good plan but we intend just to sit back with comments like that making a note of them and then confront the relevant professionals at the Anuual Review.

Yorks

[yorks]

Hi Sally I'm just reading your post. Technically he should be in Year 6 but we asked he be dropped a year as his emotional needs are still so acute so he's Yr 5. He started the mainstream 3 weeks ago still no EP despite me saying to the SENCO this needs sorting ASAP before the Annual Review. I know for a fact that his LSA who should be with him all day hasn't been and there have been days already when he has no support at all.

 

You've given me alot to think about Sally and some great pointers

 

Cheers Yorks x

[Grace]

Hi Yorks,

 

I read your posts before the move and I truly feel for the long term interests of your DS you need to take them to tribunal.

 

What they are doing is so wrong on so many fronts; you need to tackle it now and get some proper legal advice and specialist reports.

 

The AR - are they treating it as a Year 5 or Year 6 review?

 

TBH I'd push for him moving as a Year 6 because he should not have to drop a year, because they won't find suitable provision. Ask yourself, would he be Year 6 in a special school?

 

What is named in Part 4 currently?

 

If they change anything in the statement, you have the right of appeal. If the Statement currently says mainstream and you want special, ask at the AR for that school to be named. I believe if they refuse to amend the statement, you now have the right to appeal as well - Kathryn is the best person to confirm that.

 

Either way, I think your best option is tribunal and believe me, I so understand the reluctance to go, but I can't see your LA helping you at all otherwise.

 

IPSEA might be able to provide legal advice and then it would be 'just' a case of getting an independent Ed Psych report.

 

I really think you are going to have to drag them before an independent body before you will get anywhere and I know that is so depressing.

 

Please let us know how you get on.

 

In difficult AR's make sure you have someone with you who can just concentrate on taking notes and if nothing else, wait for them to say their bit and then just state for the record that you don't agree with what has been said.

 

Best Wishes

 

Grace/x

[yorks]

Hiya Grace

 

Many many thanks for your reply. Part 4 of the Statment which was written in May 2010 says " L should attend a special school that caters for children with behavioural, emotional, social and communication difficulties." No actual school is named. I know now that we've got no choice but to take things further. I intend to tackle the SENCO this week about the Yr 5 YR 6 issue and insist it be held as a Yr6 AR.

 

Yorks

[Karen A]

Hiya Grace

 

Many many thanks for your reply. Part 4 of the Statment which was written in May 2010 says " L should attend a special school that caters for children with behavioural, emotional, social and communication difficulties." No actual school is named. I know now that we've got no choice but to take things further. I intend to tackle the SENCO this week about the Yr 5 YR 6 issue and insist it be held as a Yr6 AR.

 

Yorks

 

Hi.

I thought I would just mention.

.A BESD school and a school with provision for ASD may be very different.

BESD schools generally cater for children with what used to be called emotional and behavioural difficulties.

Some schools with this label may offer suitable provision for pupils with ASD.However if the Statement includes provision in part three regarding ASD please do check whether the school being suggested would be appropriate rather than just the option that fits for the LA.

Karen.

Edited September 20, 2010 by Karen A

[jomica]

Yorks, your child will be given a Y6 review because legally he has to leave primary school at the end of this year. The fact that he has dropped back a year makes no difference.

 

Good luck with sorting out your LA! I've got all sorts of things crossed for you.

[Kathryn]

Children can be placed above or below their chronological age group at any point - there is no legal barrier to this. It's up to the head and governing body and of course the LEA in the case of a statemented child. There's a general reluctance to do it because it creates all kinds of complications to do with funding, admissions, national curriculum entitlement and school leaving age. For example a child is legally entitled to leave school in the academic year they turn 16, which would normally be at the end of y 11. However a child who has stayed back a year would be at the legal leaving age in year 10, a year before the rest of his cohort.

 

So he would probably be expected to leave with his chronological group unless there was agreement and clear evidence that it wans't in his best interests. I agree with the others - push for a transition review.

 

K x