amendments to statement

[mum2angels]

Does anyone have any idea how long it takes LEAs to decide upon proposed amendments to a statement??

At anual review we(parents) submitted amendments we wanted to our daughter's statement, that was almost 2 months ago, but heard nothing at all from the LEA. IS there any 'alloted time limit' for the LEA to respond? or is it simply just up to them when or if they reply? be grateful for any ideas or advice.. thanks

[NickyB]

Hello

 

I found this in the SEN Code of Practice. Although it's not legally binding, it is what the school and LA should be doing :

 

9:32 Following the annual review meeting the head teacher must prepare a report, and submit it to the LEA no later than 10 school days after the annual review meeting or the end of that school term, whichever is the earlier. The report should summarise the outcome of the review meeting, setting out the head teacher’s assessment of the main issues discussed at the meeting; and the head teacher’s recommendations about any educational targets for the

coming year; and any other steps that ought to be taken including whether the statement

should be amended or maintained. The head teacher should always give reasons for the

recommendations. The head teacher must send a copy of the report to all concerned in the

review, including the parents and any relevant professionals.

 

9:33 The review report should be written as quickly as possible. The head teacher should make sure that the recommendations are clear and that any relevant professional reports are

appended to the review report so that the LEA is able to review the statement and make

decisions without any unnecessary delay. LEAs may find it helpful to offer guidance as to

the form that reports should follow, or provide a common format for review reports for all

schools in their area.

 

The role of the LEA after receiving the review report

 

9:34 The LEA concludes the review process by considering the report of the review meeting

and the recommendations prepared by the head teacher. The LEA must then review the

statement, in the light of the report and recommendations and any other information they

consider relevant. The LEA must decide whether to accept the head teacher’s

recommendations. In particular the LEA must decide whether to amend or cease to

maintain the statement. Within one week of making a decision, the LEA must send a copy

of its decision on these matters to the head teacher, the child’s parents and anyone else

they think appropriate.

 

9:35 Where the decision is to amend the statement, the LEA should start the process of

amendment without delay.

 

 

 

Unfortunately, the phrase 'without delay' is open to interpretation, but I think 2 months would definitely qualify as a delay.

 

Hope that helps

 

Nicky x

[mum2angels]

Thank you Nicky..

 

It's just as I feared really, it seems the LEA can 'drag it's feet' for as long as it sees fit...When I last enquired it appeared that they 'still hadn't made a decision' ooooooohhhhhh it's so frustrating !

 

thanks again

[Kathryn]

Although there's no statutory timescale for the LEA to consider the report and issue a decision, the whole process can't go on indefinitely. The law does say that the Annual Review must be completed within 12 months of the last one, or (for a first review for a new statement), within 12 months of when the statement was issued.

 

NB - the Annual Review is completed when the LEA issue the decision, not when the meeting is held.

 

So if they are stalling, you can at least hold them to this deadline, look back at the date in (I'm assuming) 2009 when your last Annual Review was completed and this year's decision should be issued at the latest 12 months on from that. Hope that makes sense!

 

If they have gone over this time limit, you can complain to the LEA, Ombudsman and seek legal advice (or threaten it)if you have to.

 

K x