proposed statement and meetings

[BusyLizzie100]

I'm writing this on behalf of my friend.

 

Question: If you ask for a meeting within 15 days of receiving a proposed statement, and the meeting doesn't take place within 8 weeks, can the authority go ahead and finalise it because they've reached their 8 week deadline?

 

My friend received the proposed statement for her son's secondary transfer just before Christmas. She asked within 15 days for a meeting, saying that she needed to discuss it with the Headteacher. On the first day back at term the Headteacher read it and was appalled - it seems that the LA is trying to place him back in mainstream. He currently attends an out of county independent specialist school that goes up to 19yrs.

 

My friend has been trying to set up a meeting since. The LA kept asking her what she wanted to discuss, and then asked her to submit a working document of the amendments she's seeking as soon as possible as the statement needs to be finalised by 1st Feb.

 

My friend has sent the LA a working document and asked why the 1st and not the 15th, as per the law re phase transfers, to be told that the 1st Feb is 8 weeks since the proposed statement was served. The LA is 'considering the amendments'.

 

The only date the Headteacher can now make for a meeting is 7 Feb, and her evidence will be vital in proving the child needs to stay in special provision.

 

What can my friend do? Is the law on her side? My understanding is that it's possible to go beyond the 8week deadline if successive meetings are requested, and in any case it's only 2 weeks before the 15th Feb deadline?

 

My friend feels like she is being bullied and manipulated.

 

Any advice greatly appreciated <'>

 

Lizzie x

[Kathryn]

Question: If you ask for a meeting within 15 days of receiving a proposed statement, and the meeting doesn't take place within 8 weeks, can the authority go ahead and finalise it because they've reached their 8 week deadline?

 

They shouldn't finalise it regardless. My understanding is the same as yours, that asking for further meetings, or a first meeting outside the 15 day period stops the clock and the 8 week limit doesn't apply, according to 17 (4) of the SEN regs which details the exception to the time limits. From what you say, they ignoted her initial request for a meeting anyway? Or was it the difficulty of getting the HT to attend which has caused the problem?

 

Presumably they are rushing to get the final statement out by 15 Feb and that's a strict deadline - I can't see anything that allows it to be extended in any circumstances - although LEA's do flout it anyway.

 

To insist on a 1 Feb deadline simply because it's the end of the 8 weeks seems unreasonable, in my opinion, especially if they neglected to meet with her beforehand - what have they been doing all January?? She could write to the LEA requesting again that a meeting be set up in accordance with her request under Schedule 27 (4). Whether the law is on her side I don't know. Where the timescales conflict I would think the need to get the statement done by the 15 Feb comes first. In view of that, the LEA may well say that 7 Feb is too late for a meeting. If all else fails, could the HT submit written evidence before then just to ensure that it's considered in time?

 

If they are hell bent on putting her son back in mainstream, they may go ahead and disregard the evidence and finalise it anyway, so she may have to brace herself for an appeal where, of course, the HT's evidence will be vital in demonstrating that they don't have a leg to stand on.

 

Hope that all makes sense! If anyone's got any personal experience of a similar situation please post and let us know what happened to you.

 

K x

Edited January 24, 2011 by Kathryn

[Sally44]

If this child was already at an independent out of county placement that goes up to 19 why are they trying to move him? It can only be about costs.

I don't have any experience of the timescales involved.

Have LEA professionals gone into the independent school and assessed the child? What reports are the LEA basing their amendments on?

What does the independent school say - they should have produced a report.

And what does the named mainstream school say - their opinions will be vital.

I would recommend getting in touch with IPSEA as I am unsure how the LEA managed to do this as his current placement goes up to 19.

Is your friend asking that the child remains where they are?

You can ask for another meeting. But if the aim of these amendments is to reduce the cost of his schooling, then they will finalise anyway and it will be a case for tribunal unfortunately.

[BusyLizzie100]

If this child was already at an independent out of county placement that goes up to 19 why are they trying to move him? It can only be about costs.

I don't have any experience of the timescales involved.

Have LEA professionals gone into the independent school and assessed the child? What reports are the LEA basing their amendments on?

What does the independent school say - they should have produced a report.

And what does the named mainstream school say - their opinions will be vital.

I would recommend getting in touch with IPSEA as I am unsure how the LEA managed to do this as his current placement goes up to 19.

Is your friend asking that the child remains where they are?

You can ask for another meeting. But if the aim of these amendments is to reduce the cost of his schooling, then they will finalise anyway and it will be a case for tribunal unfortunately.

 

The LA is legally bound to amend the child's statement for phase transfer from primary to secondary. (It has done this for my son, who attends the same out of county independent specialist school, and his statement has been finalised with the school named in Part 4.)

 

The LA did not attend the child's annual review meeting. It has based the proposed new statement on old reports and has made no reference to the school's review report, which of course recommended he stay in the specialist setting.

 

The statement is still at proposed stage so no school, special or mainstream, is yet named and won't be until the statement is finalised, as per the law. No placements have been discussed with my friend but the proposed statement is clearly written for a mainstream setting.

 

My friend is now waiting to hear if the LA will meet with her on 7 Feb, with the Headteacher. She will certainly appeal to SEND if necessary, and the LA will fail miserably if she does so, but she could do without the stress...

[Sally44]

Then I think that tribunal will probably be the way it goes.

I presume that whilst this is going on ie. once the Statement is finalised and appealed that the child still remains at the independent placement until the outcome of the appeal?

I think she should seek legal advice regarding any LEA or NHS professionals seeking to assess him. The parent is allowed to be present during any assessments. I don't know if the special school would want any of their staff to sit in as well as they may wish to comment on any assessments carried out.

It is obvious that they are attempting to find a cheaper placement. So although she may get this meeting with the LEA, she should state her case, but not expect them to change their minds.

Of course the Special School's report should be included as documentation that the LEA considers.

And I hope the mainstream Head understands the situation and does not 'attempt' to place him at the school.

Has he and is he making progress where he is now. Was he making progress before?

Edited January 25, 2011 by Sally44

[BusyLizzie100]

A meeting has taken place and the LA has agreed most of my friend's amendments. It has agreed to issue a new statement.

 

HOWEVER! The LA is saying it must finalise the statement by 1st Feb as that is the end of the 8wk limit since the proposed amended statement was served. So there will be no 2nd proposed statement, the LA says it will amend it and send her a finalised statement straightaway.

 

Surely this is not right!! Any ideas, anyone?

 

My understanding is that the LA can't issue a final statement without giving the parent 15 days to make representations or ask for a further meeting...

 

The LA has actually told my friend that the law has changed and they aren't allowed to do new amended statements!!!!

 

I don't recall a change in law... is the LA 'confusing' the recent change to the law giving a new right of appeal after annual review?

 

Lizzie x

Edited January 27, 2011 by BusyLizzie100

[Kazzen161]

Try SEN CofP: Appendix A section 17 (3 and 4).

[BusyLizzie100]

Try SEN CofP: Appendix A section 17 (3 and 4).

 

Yes, my friend quoted the SEN Regulations about time limits and when they don't apply to the LA but that's when the LA said the law has changed...

 

Goodness me, have we caught them in an actual lie?

Edited January 27, 2011 by BusyLizzie100

[BusyLizzie100]

FAB NEWS!

 

Despite all the cloak and dagger stuff from the LA, they amended the statement as per my friend's working document and have named the secondary school she wanted - so her son will stay at his current school. She's very happy.

 

But it still begs the question, what on earth is the change in law that the LA was banging on about??

 

Lizzie x

[Kathryn]

 

That's great news, what a relief but why all the hassle??

 

No law change. They are either lying or being obtuse.The only law change is, as you say, the right to appeal no change in the statement after Annual Review.

 

K x

Edited February 1, 2011 by Kathryn