Right to appeal refusal to amend

[Grace]

It has now become law that a parent can appeal the refusal of the LEA to amend the statement, after an Annual Review, but how does that work?

 

Are you supposed to say in writing before the AR that you want the statement amending or can you just state for the record that you want the statement amending during the actual AR meeting?

 

How long after the Annual Review itself do the LEA have to tell you that they refuse to amend?

 

Do the school or anyone else have to support your request to amend?

DO you have to show/explain why you want the statement amending or is it enough at the AR to simply say you think it does need amending and then send in the detail later?

 

Does anyone know where all of this info can be found, as I can see the actual law, but not the application of it.

 

Many thanks in advance.

 

Grace/x

[nightingale]

It has now become law that a parent can appeal the refusal of the LEA to amend the statement, after an Annual Review, but how does that work?

 

Are you supposed to say in writing before the AR that you want the statement amending or can you just state for the record that you want the statement amending during the actual AR meeting?

 

How long after the Annual Review itself do the LEA have to tell you that they refuse to amend?

 

Do the school or anyone else have to support your request to amend?

DO you have to show/explain why you want the statement amending or is it enough at the AR to simply say you think it does need amending and then send in the detail later?

 

Does anyone know where all of this info can be found, as I can see the actual law, but not the application of it.

 

Many thanks in advance.

 

Grace/x

[nightingale]

Hi grace you need to contact your local Parent Partnership service they are brilliant!!

I am currently going to appeal against my LA and they have supported me with all the paper work and advice. You only have a short time to appealso you need to contact them asap.

[Grace]

Thanks Nightingale,

 

Unfortunately my PP won't take on the LEA; only schools! I know other PP's around the country are better and I am glad yours is really helpful.

 

This is very new law, so I'm just wondering if anyone has used it or come across how it works in practise.

 

Best Wishes

 

Grace/x

[Kathryn]

How long after the Annual Review itself do the LEA have to tell you that they refuse to amend?

 

How long is a piece of string? There is no limit on the time it takes for the LEA to consider the HT's report and come to a decision. Having reached a decision they must issue it in writing within one week. The decision officially concludes the AR and presumably should say if it includes a refusal to amend and will now be accompanied by the statutory right of appeal letter.

 

DO you have to show/explain why you want the statement amending or is it enough at the AR to simply say you think it does need amending and then send in the detail later?

 

I don't think it makes any difference legally but it's probably sensible to submit the requested amendments in writing before the Annual Review then your views can be discussed in detail at the meeting. Also if you make your reasons clear and back them up with evidence, you may be able to show later that the LEA turned down your request without good reason.

 

Early days yet as the new law only applies to decisions made after Sept 1, so I expect time will tell how it works in practice.

 

Haven't seen any guidance on the practicalities anywhere yet.

 

K x

[Grace]

Thanks very much Kathryn - I was worried that might be the case. So really what is stopping an LEA from stringing out a decision to amend/not to amend for up to a year and thereby restricting your ability to appeal?!

 

I understand although there is no legal timeline, a parent could complain about the LEA acting unreasonably by stringing it out, but it would have been good to have a timeline firmly put in place.

 

Many thanks

 

Grace/x

Edited October 1, 2010 by Grace