amended proposed statement

[Allansmum]

Hi I've just recieved the 2nd proposed statement following the annual review. The ist one i didnt agree with and asked for other things to be included. Since than my son has been offered a place at an area resource base and starts september. This new proposed statement includes the things i asked for, and has the new placement on it aswell.

 

But I really need some advice on part 3 the provision. It states that the individual education plan will need to include the following provision of resources and teaching arrangements. Then basically its the same as it was before but with the things i wanted added. So happy about that. For example staff working with xxx will have recieved training in working with children with asd. a setting based structured language and communication development programme devised with support from the salt, delievered for up to 20 minutes per day by an adult who has recieved training from the salt.

 

But then it states from september 2011 the individual education plan will need to include the following provision of resources and teaching arrangements within a placement where. Then theres a load of new stuff. Example there is access to appropiate salt advice and liason and any other necessary specialist advice to address needs, there are opportunities for learning within small groups, and an enhanced level of non teaching attention and support.

 

Im confused! Does all the provision above the bit that says from september 2011 still count after september? I hope so, as thats the daily speech stuff, plus a number of other programmes.

 

One more thing the only thing i didnt get added to the provision was music therapy. At the moment his current school buy in music therapy for him. He gets 25 hours of support, but to enable him to have music therapy hes only supported in the mornings. The arb have said they only buy in music therapy if its in the statement. Which is why i wanted it added. It has been added but as non education provision. So am i right in thinking that the arb wont be buying it in? Even though it states weekly 30 minute sessions part 6 means nothing.

 

Thanks in advance for any advice

[Grace]

Hi,

 

Please approach NAS/IPSEA/SOS!SEN to have your statement checked . I'm in a bit of a rush but instantly words such as 'up to' and 'access to', 'opportunities' etc etc are ringing alarm bells.

 

These words mean nothing e.g. 'up to' could be 1 minute. Equally a one minute chat with the SALT could count as training.

 

And if they are trying to wiggle out of provision by giving you a badly worded statement, then how it is laid out might need looking at properly too. One word, in the wrong place can mean the difference between getting the help or not.

 

NAS can be very good at looking at statements - but any of the above - it will save you an awful lot of problems in the future to get it right now.

 

Sally might be along later and she has had experience of crafty statement writing! But best to get it to someone to look at properly. If you need to buy some time, ask for a meeting after the half term to discuss it; you can always cancel and hand over your suggested amendments instead.

 

Best Wishes

 

Grace/x

[Kathryn]

Im confused! Does all the provision above the bit that says from september 2011 still count after september? I hope so, as thats the daily speech stuff, plus a number of other programmes.

If you're having to ask this question this bit needs tightening up. If it's not clear to you, it may not be clear to anyone else and you don't want any gaping loopholes the LA can wriggle through to avoid providing something. Anyone picking up the statement must be able to have a clear idea of exactly what your son is entitled to receive and the provision shouldn't be open to interpretation. So this part needs to be rewritten so that it specifies exactly what will be provided after September. Don't be afraid to suggest a very obvious amendment such as..."all the above provision will continue from September 2011 with the addition of the following..."

 

The arb have said they only buy in music therapy if its in the statement. Which is why i wanted it added. It has been added but as non education provision. So am i right in thinking that the arb wont be buying it in? Even though it states weekly 30 minute sessions part 6 means nothing.

 

You're right. The LA are not legally obliged to provide anything in part 6 so music therapy needs to be in part 3. It doesn't matter if it's kept in part 6 as well There should be a clear link betweek the needs in part 2 and the provision in part 3, so ensure that the educational need that requires the music therapy provision is in part 2.

 

One more thing - your statement refers to input from the S&LT. This may need to be more clearly specified so that it describes when the S&LT will visit and for how long and exactly what she will do when she is there. For example one hour every term from a qualified S&LT to include 30 mins direct therapy, 30 mins staff liaison and training.

 

Hope that helps

 

K x

[Sally44]

No, No, No.

 

What they are saying is that from September 2011 it all changes. "Access to" and "opportunities for" have replaced the specific 1:1 SALT input he was getting from the TA that was trained by the SALT. If you appeal the Panel would not agree to the "from September" bit, and they would not allow wording such as "access to" and "opportunities for".

 

The Statement is reviewed once a year. That is when the SALT should write an up to date report and that is when she should say that either the provision is right and remains the same, or it should increase, or it should reduce. But it should again be specific ie. 1:1 for 20 mins a day reduced from 30 etc.

 

How more woolly could it get than "any other specialist resources required". If they have identified all the needs in part 2, they should know and specify the provision in part 3 in terms of hours of support in school, hours of therapy and who provides it, and hours of professional input from SLT and OT and EP and Specialist Teachers etc.

 

If you allow those changes you will end up with the school saying "we have no concerns" and they will not refer him to any professionals. If you try to challenge the school/LA by saying they are not meeting his needs or fulfilling the Statement, they will say he does have "access to" them when needed, but we just don't have any concerns.

 

As the Statement stands with the current wording it is toilet paper - sorry!!

 

I think you've spent a long time negotiating this Statement. The LA know what they are doing. They have deliberately tried to word it in this way so that you think you are getting what he needs. You need to appeal. As you get near to the appeal date the LA may back down.

 

How can the LA say now that in September he will no longer need the input the SALT has agreed he does need now. Has this wording come from the SALT report?

Edited May 27, 2011 by Sally44

[Sally44]

From my own experience I would say always appeal if you are not happy with section 2, 3 or 4. If you miss the deadline you have to either wait another year, or seek an interim review. It is relatively easy to start the process and then you are in the system. That will put pressure on the LA.

 

The LA will probably give you some of what you are seeking, or even all of it before the actual Appeal date. However be very careful of agreeing to any amendments and withdrawing your Appeal.

 

When you go to Appeal the Panel will ensure it is worded legally and if it is not upheld you can seek Judicial Review. If you withdraw your appeal you could find (as I did), that what you thought was worded water tight was not and was not legally enforceable. If a Statement cannot be enforced then that provision might as well not be in the Statement at all.

 

Some of my son's Statement was fulfilled. But other parts were not, and it is so frustrating to see the years go by and realise that that the LA knew what they were doing when they worded it as they did. They do have a legal department and they will have looked at the wording of the Statement and probably all correspondence between you and the LA. My own LA offers a one off yearly fee to all schools for them to sign up for "unlimited SEN legal advice" along with other services.