What happens to the Statement if you move house

[Sally44]

We are only thinking about moving house, but I want to get an understanding of what would happen if we moved.

 

I presume the new LEA would be legally required to fulfill the Statement, but that they could seek an interim review and amend the Statement?

 

What happens about a named school? I presume if you moved a short distance the child would still remain there? But if you move further away you would have to see what the LEA had to offer, and if there was nothing what would you do?

[yorks]

Hi Sally

 

I can only speak from my experience but if I were you I'd stay put. We found that the new LEA did not fulfill the Statement and still won't. Of course they have brought forward the Anuual Review and we are still waiting to see the revised Statement. Despite us trying to address this in the Anuual Review I know for a fact they wil attempt to change Part 4 to which currently says he needs a Special school. Truly, save yourself a total and utter nightmare.

 

Yorks

[NickyB]

Hi Sally

 

This is from the SEN code of practice:

 

8:113

When the responsibility for a child with special educational needs changes from the LEA maintaining the statement (the old authority) to another LEA (the new authority), the old authority must transfer the statement to the new authority. They may also transfer any opinion they have received under the Disabled Persons (Services, Consultation and

Representation) Act 1986 that the child is disabled. Upon the transfer of the statement,

the new authority becomes responsible for maintaining the statement and for providing

the special educational provision specified in the statement.

 

8:114

The duty to maintain the child at the school specified in Part 4 of the statement therefore also transfers to the new authority. The new authority may place the child temporarily at a school other than that specified in Part 4 where appropriate and sensible to do so – for example, where the distance between the child’s new home and the school would be too great – prior to the statement being amended in accordance with the statutory

procedures. Otherwise, the new LEA may not decline to pay the fees or otherwise

maintain the child at an independent or non-maintained special school or a boarding

school named in a statement unless and until they have formally amended the statement.

 

8:115

The new authority may, on the transfer of the statement, bring forward the arrangements for the review of the statement, and may conduct a new assessment regardless of when the previous assessment took place. The new authority must tell the parents, within six weeks of the date of transfer, when they will review the statement and whether they propose to make an assessment under section 323. The old authority and the child’s school should alert parents to the educational implications of their proposed move

and both the old authority and the new authority should be ready to discuss those

implications with parents.

 

Well that's what should happen anyway

 

Hope that helps

 

Nicky x

[justine1]

Hi

I am moving next mth,I was very reluctant to do so after hearing stories that the new LEA wont uphold the statement.But the new LEA gave me a call and are great, they have agreed that Sam cannot go to mainstream and will be looking at something similar to where he is now.

 

I am hoping they will continue to be so supportive.

 

Just to point out that I am moving due to many reasons and in fact the only reason that was keeping here was Sam's schooling,I doubt I would have moved just because of the school or LEA.

[lil_me]

Depends if you move LEA mainly, if you move locality within the LEA they can look to see if your childs needs can be met at a more local school.

 

If you move to another LEA it's always worth contacting them first to see what they say, I don't think I'd consider moving without contacting them.

 

NickyB has the SEN code of practise been rewritten yet? I was told DCSF documents are no longer valid so was waiting for the new one

[Kathryn]

Just to reassure you, the COP is still in force, and schools and LEA's still have to adhere to it. No imminent plans for a new one as far as I know.

 

K x

[Sally44]

This is on a different topic, but a post by Karen A on another OP has raised a query.

 

The Code of Practice says that all evidence should be considered and appended to the Statement. My LEA has 'considered' all my documentation and then just not included any of it. Their identified needs and even diagnosis are not in part 2 and recommendations are not in part 3 of the Statement. I have written to the LEA and queried this and they have written back saying that their reports are the most up to date ones and supercede all other reports and that is why they are the only ones included.

 

The school produced a report for the annual review at the end of February, and then another report in March as part of the re-assessment. Only the March report is included. The March report does not contain "inconsistencies in learning and loss of learning over school holidays and difficulties applying learnt skills" and the recommendations that "xxxx has difficulties during unstructured play and is very rigid in his interactions resulting in frequent upset and friendships breaking down. XXX would benefit from some input with this." All that is not included in the March report. Again the LEA says the March report stands and not the February one. The school have produced a report that actually contains less in it!

 

I presume the CoP is right and all the evidence should have been appended to the Statement?

 

It also appears that the first Statement did not have any of my independent reports appended to it either. Is there anything that can be done about that?

 

I'm just getting the final papers copied and have finished my appeal document. I have to send this off within the next week. I'll be glad to get it out the way.

 

We have another Annual Review in February and I was even wondering if I should just leave it this time and wait for them to name the secondary school and then appeal. But the Statement is so bad this time that I might as well appeal and see if the LEA decides to amend it before we even get to tribunal.

 

But what happens if the appeal is in process and at the Annual Review something else comes to light? Would I submit another appeal? At this appeal I am not going to content section 4, because the LEA may name his proposed secondary school at the next Annual Review in February 2011 (he would start year 6 in Sept 2011).