is there legislation or guidance on transition statements

[BusyLizzie100]

Hi,

 

Can anyone help me with this? DS2's AR was in July 2010 at the end of Y5. He's in a specialist out of county placement that goes up to 19. LA has said this is a transition review as he will be going into Keystage3.

 

I was just wondering what the timings should be? I'm thinking we should get a proposed new statement soon, which gives us time to get it amended if necessary before it's finalised in February - is that right?

 

I do not trust my LA an inch and know that they are trying to reduce out of county replacements, so I am a little nervous that they may spring something on me...

 

Things are going really well at the current school. I've written to the SEN officer to say I want him to stay there.

 

It has been suggested that if all is well, there may be no need to rewrite the statement, but to say no changes are necessary, as per a regular AR. His statement is quite new, only finalised in July 2009.

 

Since he is in an out of county placement, and we want him to stay there, is there any need to fill out the LA's secondary application form for a local school?

 

Thanks folks <'>

Lizzie x

 

Edited to add: I spoke to the LA today who say that, according to the computer, they have not received the school's Review report. I got my copy through the post in July and school assures me they sent a copy to the LA promptly too. I don't doubt them because being a specialist school they have at least 100 reviews a year and know what they have to do!

 

I know that one of the SEN officers has been off sick for a long time - I'm wondering if the school's report is sitting on her desk...? Is there any guidance or law on how soon after the Review meeting takes place that the review process has to conclude?

Edited September 29, 2010 by BusyLizzie100

[Grace]

Hi,

 

Actually I'd also be quite interested to know when the proposed is due.

 

With regard to the AR Year 5, what were the recommendations at the review? In theory there are no time limits for them to issue an amendment notice, BUT in order to do so, there should have been a significant change or development in order to justify changing the statement and this should have been discussed at the AR itself. Also, although there are no legal time limits; if they are to be seen to act 'reasonably' and by that I mean a legal 'reasonably', then it should be a matter of weeks and not months that an amendment notice should appear at your door.

 

I have heard that January is normally the time for proposed statements to be issued, but I too would like to know what the legal minimum is i.e. if the Final Statement has to be issued Feb 15th latest and parents have 15 days (I think) to respond to a proposed statement, does that mean Jan 31st is the latest that a parent should receive a proposed?

 

And actually, a parent can ask for a meeting on the last day of those 15 days and the period would then get extended, and when you factor in postage time, surely that would mean something like the beginning/middle of Jan latest for the proposed to allow for everything?

 

Grace/x

Edited September 29, 2010 by Grace

[chris54]

We are in the same position, I'm sat here with a letter in front of me from Children's Services (Lincolnshire) which says that the amended statement will be issued late October.

With the final statement by the 15th February.

 

My sons schools senco has been in touch about this with a view to increasing the provision in the statement ready for secondary school.

Problem we have is that son is making steady progress, but school say (we agree) that with more provision he would make more progress.

We have (after much looking, asking of questions and heartache) now sorted out which school we want son to go.

[BusyLizzie100]

Hi,

 

Actually I'd also be quite interested to know when the proposed is due.

 

With regard to the AR Year 5, what were the recommendations at the review? In theory there are no time limits for them to issue an amendment notice, BUT in order to do so, there should have been a significant change or development in order to justify changing the statement and this should have been discussed at the AR itself. Also, although there are no legal time limits; if they are to be seen to act 'reasonably' and by that I mean a legal 'reasonably', then it should be a matter of weeks and not months that an amendment notice should appear at your door.

 

I have heard that January is normally the time for proposed statements to be issued, but I too would like to know what the legal minimum is i.e. if the Final Statement has to be issued Feb 15th latest and parents have 15 days (I think) to respond to a proposed statement, does that mean Jan 31st is the latest that a parent should receive a proposed?

 

And actually, a parent can ask for a meeting on the last day of those 15 days and the period would then get extended, and when you factor in postage time, surely that would mean something like the beginning/middle of Jan latest for the proposed to allow for everything?

 

Grace/x

 

Hi Grace. I've found out that existing statements HAVE to be amended, by law, when a child is within 12 months of a transfer between phases ( ie primary to secondary, primary to middle, middle to secondary) so that before 15 Feb in the year of transfer the statement names the school the child will transfer to in September (ie it has to be finalised by 15 Feb). Presumably this gives time to appeal before September.

 

DS2's school goes through to 19 and it's obvious from the Review report in July that they expect him to stay on; there are no significant changes and he's doing well.

 

There isn't any legislation about time limits on concluding a review that i can find, but a statement must be reviewed at least within 12months of it being finalised or of the previous review. and the 'Review' is not the date of the meeting, it;s the date that the LA makes its decision following the Review meeting. If it's not done in that time, then it's overdue and, I presume, reason to complain.

 

Which raises an interesting point re DS2 - his previous annual Review took place during a re-assessment of his needs, at which point the school said it could no longer meet his needs. The school prepared a review report, but it seems to have been subsumed into the re-assessment ( actually they tried their hardest to ignore it at the time), so that although an amended statement was produced with a new school in Part 4, there was in fact no conclusion of the annual review... amendment of a statement doesn't start a fresh 12month cycle and the review is still due within 12 months of the previous Review - this was certainly the case for my eldest son, whose statement was finalised in May 2009, amended after appeal in Nov 2009, and reviewed in May 2010.

 

So technically speaking, DS2 is overdue his annual review from 2008-09, let alone 2009-10! Blimey, I think I've argued myself into a total mess!!!!!

 

And to top it all, my friend's son moved schools in spring this year but his statement still names the previous school... and that's the second time it's happened to her because he was at a mainstream school previous to that...

 

Is my LA pants, or what?!

 

Lizzie x

[Kazzen161]

The CofP 5:72 has some info on phase transfer.

 

The CofP also says that the HT must send the review report to the LA within 10 days. If they had not received it, I cannot see why they would not have chased the school for it long ago.

[Grace]

We are in the same position, I'm sat here with a letter in front of me from Children's Services (Lincolnshire) which says that the amended statement will be issued late October.

With the final statement by the 15th February.

 

My sons schools senco has been in touch about this with a view to increasing the provision in the statement ready for secondary school.

Problem we have is that son is making steady progress, but school say (we agree) that with more provision he would make more progress.

We have (after much looking, asking of questions and heartache) now sorted out which school we want son to go.

 

That's interesting Chris - I wonder if anyone else on here has been given a definite time for the proposed? I certainly have not!x

[BusyLizzie100]

The CofP 5:72 has some info on phase transfer.

 

The CofP also says that the HT must send the review report to the LA within 10 days. If they had not received it, I cannot see why they would not have chased the school for it long ago.

 

...But that would mean the LA would have to be proactive!!!!

[Sally44]

It looks like quite a few of us have a child in year 5 this year.