proposed statement

[Allansmum]

Hi there

 

My son was assessed in 2007 and statement was written up. Its remained the same since. Unfortunity its not a very good statement full of weasel words etc. I didnt know then what i know now, so it wasnt checked properly.

 

We had the annual review last november and asked for some ammendments to be made. We recieved the proposed statement this morning. Not all the ammendments we wanted are on it. So im not agreeing to it this time.

 

Ive printed out the guide from sos sen on how to check a statement and plan to give them a ring later.

As the assessment was done in 2007, can i go through all paperwork from then. The appendix from 2007 and all reports submitted to annual reviews since then, to get this statement right? Or is it just reports submitted at the last annual review? The statement is so out of date, it hardly describes my son.

 

Thanks for any help

[Sally44]

Firstly are all the reports LEA and NHS ones? Or did you ever get independent reports?

 

The most important reports are the most up to date ones especially any under 6 months old. Also any reports (however old) that detail a diagnosis (ie. a need that must go in section 2) and any recommendations that report made to go in section 3. However it is also about "what" the old reports contain. If they are still relevent, then to some extent the appeal panel should consider them. Unless the LEA takes their expert witnesses with them to say that those reports are not relevent in which case you have a very weak case.

 

If the Statement has been amended to reduce any provision that reduction should have been recommended by the relevent professional. So you could include such alternations in your appeal. However the LEA professionals could simply submit further written evidence that they do not feel the child needs that provision any more. In which case you are scuppered unless you have your own up to date reports which state your child does need that provision or does have that need.

 

If the reports are generally bad and are completely out of date, you could ask the LEA for a total re-assessment of his Statement. You could write to each professional asking that they carry out standardised assessments. This should give you a baseline of his abilities and difficulties in age related terms ie. a spelling age of 7.4 years, or a percentile result ie. he is on the 14th percentile for spelling, or a standard score eg. of 3 where 8-13 is average and 3 is severe. And you want each professional to do this if possible ie. speech therapist, educational psychologist, occupational therapist, clinical psychologist etc or anyone else who is involved or any new difficulty you suspect he has. You really need standardised assessments and not just observations or classroom based assessments.

 

Alternatively you can negotiate with the LEA for the amendments and see if you get what you want. If negotiations go well and you are happy (and have checked via IPSEA that the wording of the Statement is legally binding), then you may be happy to finalise the Statement and go no further. If you are still not happy, let the LEA finalise the Statement. Then lodge an appeal to SEND about sections 2 or 3 or 4 or all of the sections. But you will need professional written reports as evidence of what you are asking to be included in the Statement. You cannot just say "I want" or "I feel" my child needs x, y and z. You need the appropriate professional to state that. In that scenario, if the LEA finalises and the Statement is not good and the NHS and LEA reports are pants, you would need to get those reports yourself from private independent professionals.

 

You can submit all written evidence towards the Statement regardless of how old it is. There is no timescale cut off point. If the LEA refuses to use them in the final Statement you can appeal and go to tribunal to get things contained in those reports included in sections 2 and 3 of the Statement. (Basically the Statement should be a cut and paste job of the professional reports). Obviously the older the reports the harder that is to achieve.

 

If you seek a total re-assessment of the Statement the LEA may refuse this. You could appeal that refusal. Or they might agree and produce all up to date reports. However they might exclude all the current ones you have which may leave you again having to appeal to include items from older reports.

 

Once you have appealed the Statement you do have a timelimit in which you could decide to get your own independent reports anyway and a timelimit by which time you could also appeal other sections of the Statement and also the placement. Remember that many independent professionals have their diaries full up months in advance, so sort out who you might want as early as you can.

 

Don't know if that has helped or confused you more. It isn't an easy system is it!

Edited January 27, 2011 by Sally44

[Kathryn]

Make a list of the amendments you want to parts 2 and 3. If you can, pick out evidence from the reports to support each change you are asking for. Use whatever reports help your case, but remember you are building up a picture of your son's needs now, so if you are using older reports, make sure they are still relevant and accurate.

 

Sally - based on the information Allansmum has given, I wouldn't advise a full reassessment - it takes months and one is opening oneself to the possibility of two additional appeals just to get the assessment and subsequent amendments. Now that parents have the right of appeal after annual review, a full formal reassessment should be mostly unnecessary, in my opinion.

 

K x

[Sally44]

Make a list of the amendments you want to parts 2 and 3. If you can, pick out evidence from the reports to support each change you are asking for. Use whatever reports help your case, but remember you are building up a picture of your son's needs now, so if you are using older reports, make sure they are still relevant and accurate.

 

Sally - based on the information Allansmum has given, I wouldn't advise a full reassessment - it takes months and one is opening oneself to the possibility of two additional appeals just to get the assessment and subsequent amendments. Now that parents have the right of appeal after annual review, a full formal reassessment should be mostly unnecessary, in my opinion.

 

K x

 

 

Yes, I did think about that. But the OPs comments that the Statement was out of date and irrelevent made me wonder if up to date reports were needed. If the OP has updated reports from the LEA and NHS then I agree that they pick out what they can from those and any relevent previous reports. The OP can also write to those professionals who have done any updated reports and ask for clarification of needs or ask them to quantify and specify provision in terms of hours of support or staffing arrangements and to put that in writing.

 

 

If there are no up to date reports submitted towards the annual review, the only way to get them is for the OP to seek a re-assessment (which would take time and could result in a further appeal anyway but this route may produce up to date reports that do not cost the OP any money) or for the OP to appeal the decision of the LEA after the AR (whether the LEA decides to amend or not to amend parents now have an automatic right of appeal) and then this would be faster but would involve the OP paying to commission their own independent reports.

 

If the OP goes to appeal about sections 2 and 3 because they do not feel the current Statement/reports are a true reflection of his needs or the provision required, then they will have to produce written evidence themselves from professionals to back up their appeal.

Edited January 28, 2011 by Sally44

[Sally44]

Talking of "weasal words" another poster send me the link below.

 

http://www.ncb.org.uk/cdc/resources/cemented_to_the_floor_by_law.aspx

 

Have a read yourself. The Statement has to contain words such as "must" or "will" any other words such as "opportunities for" "access to" "as required" "when necessary" "such as" and even "should" etc are just toilet fodder and you would not win a complaint of non-compliance against a Statement with such words.

Also look on the IPSEA website where it says the Statement must quantify and specify hours of provison and staffing arrangements (staff includes TAs, specialist teachers, EP, SALT, OT etc - everyones time should be detailed in the Statement).

[Allansmum]

Hi

Thanks for your replies. I've made a list of the ammendments that i want. Got to go through it again now because i forgot about the weasel words!

Thanks for your help