Review Timescales?

[Janey]

Hi there,

 

Does anyone know if there are specific timescales for a review of a statement. T. had his annual review meeting on 4th November and I still have not even received a proposed ammended statement.

 

Janey

[NickyB]

Hi Janey

 

I've had a look at the SEN Code of Practice and it says:

 

- 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 review report should be written as quickly as possible.

 

- Where the decision is to amend the statement, the LEA should start the process of

amendment without delay.

 

 

I really think that nearly 5 months cannot be described as 'without delay. I'd suggest calling the LA on Monday, and ask them what's going on - it may halp to quote the Code (it's section 9.32 to 9.35 )

 

Hope that helps

 

Nicky <'>

[Kathryn]

- Where the decision is to amend the statement, the LEA should start the process of

amendment without delay.

 

This refers to what happens after the LEA decision though.

 

A major problem is that there is no clear time limit between the receipt of the Head's review report and the making of the LEA decision (to amend or not to amend). However the entire Annual Review has to be completed within 12 months of the previous Annual Review. (An Annual Review is completed when the LEA issue their official decision).

 

So, assuming this was not your first Annual Review, look back at the date of the decision for the previous AR - has more than a year passed? If so they could be breaking the law.

 

K x

[Janey]

Thanks both, that's helpful info.

 

Where we are with his statement is the LA, the school and Autism Outreach are supposedly discussing provision for a social skills group which is already in his statement! The description of his difficulties needs amending to include his chronic tic disorder and also SALT have discharged him so their contribution needs removing. So clearly there are amendments that need doing amongst some other minor adjustments.

 

I'm a little alarmed that the social skills group seems to be being decided on by the school's ability to deliver such a thing rather than on Toby's needs but until I have a proposed statement in my hands I have nothing to appeal against.

 

Kathryn, the 12 months that you mentioned just to be clear is this from the date that is stamped on the final statement?

 

Thanks,

Janey

Edited March 20, 2011 by Janey

[BusyLizzie100]

Thanks both, that's helpful info.

 

Where we are with his statement is the LA, the school and Autism Outreach are supposedly discussing provision for a social skills group which is already in his statement! The description of his difficulties needs amending to include his chronic tic disorder and also SALT have discharged him so their contribution needs removing. So clearly there are amendments that need doing amongst some other minor adjustments.

 

I'm a little alarmed that the social skills group seems to be being decided on by the school's ability to deliver such a thing rather than on Toby's needs but until I have a proposed statement in my hands I have nothing to appeal against.

 

Kathryn, the 12 months that you mentioned just to be clear is this from the date that is stamped on the final statement?

 

Thanks,

Janey

 

Hi Janey. If it's it the first annual review, then my understanding is that yes, the review should take place within 12 months of that date ( Kathryn my be able to clarify!).

 

If it's not the first, then the important date is the date on which the LAST review took place, which as mentioned is not the date of the review meeting, but the date the LA made its decision following the meeting. Unfortunately there's nothing in the law to say how quickly this must happen, other than the LA must make its decision within 12 months of the last review decision. So potentially in your case the LA has not made its decision yet... when they do, they have 7 days within which to let you know the result. Gentle reminders are all we can really use to try and get them moving. The NEXT review must take place within 12 months of the date of the LA's decicison.

 

I'm in a similar situation to you - my son had an Early Review meeting in November - early because there were concerns that his placement was breaking down - and I've had to pester and pester to get the LA to complete the review. Eventually they said they were preparing a proposed amended statement, but it then took a further 2 weeks and me nagging before they actually sent it out at the beginning of March. When I got it I asked for a meeting and now the LA is dragging its feet in organising a date... at the moment they have offered a date 7 weeks from when I received the statement...

 

I'm trying to figure out what I can now - it doesn't seem right that they can drag these things out endlessly, does it!

 

Lizzie x

Edited March 20, 2011 by BusyLizzie100

[Janey]

Hi All,

 

I hope this doesn't sound like a daft question, but how do I know if and when the LA has made a decision?

 

Janey

[BusyLizzie100]

Hi All,

 

I hope this doesn't sound like a daft question, but how do I know if and when the LA has made a decision?

 

Janey

 

No, not daft at all!! But it's very hard to find out.

 

I asked Ipsea this same question, and basically all you can really do is keep asking. There's no designated format for making a decision - The LA may make decisions through a panel, or it might just be someone sitting at a desk reading your child's file and making a decision on their own.

 

They may keep fobbing you off by saying, for example, 'the panel' only meets every 2 weeks, in which case get back to them after 2 weeks and ask if they reached a decision. If they keep saying your son hasn't been discussed at the recent panel, all you can really do is ask when he will be.

 

It's incredibly frustrating. If your Parent PArtnership is any good, they may be able to help, but they differ wildly from area to area.

 

Lizzie x