? Annual Review

[Sally44]

My son's Statement was re-assessed and it clearly says second statement on the document.

 

I am assuming that the Annual Review should be inside of 12 months from the issuing of the second statement? This is dated 13th September. My son is not in school. [i have also been told that there is new law which states that the AR AND the decision by the LA on whether to amend or not should all take place inside of the 12 months.

 

Obviously the school/LA canot meet that deadline as the return to school is during the first week of September, and we should receive any updated reports [and i'm not sure how those would be done if he is at home], should be circulated at least two weeks before the AR.

 

And I dont know how they conduct an Annual Review when the child is not in school.

 

I would also be interested to know of anyones experience of having an AR in a similar situation where their child is not in school and the LA are contesting everything and everyone is awaiting the Appeal.

 

If the school/LA make no recommendations aren't they going to look stupid at the Tribunal?

Edited July 27, 2011 by Sally44

[Karen A]

Hi.

 

The theory relating to AR where a child is not in school can be found in the Appendix to the SEN COP.

Statutary Insstrument 2001 No 3455.

Annex A.

At the back of the paper copy if you have one.

22-(1)

This applies where a child is not registered at a school.

The LA organises the AR,requests reports and writes to parents.It also organises the AR and writes the report.

I am not sure about whether your son is currently classed as registered with a school but authorised absent which would be a different situation.

If he is registered with a school the information is in paragraph 20-21.

 

I think the date for AR will depend on whether the Statement is a new second Statement following a re-assessment or an amended Statement.

 

All statements (other than those for children under two) must be reviewed at least annually.

The annual review of a pupil’s statement ensures that once a year the parents, the pupil, the

LEA, the school63, and all the professionals involved, consider both the progress the pupil

has made over the previous 12 months and whether any amendments need to be made to

the description of the pupil’s needs or to the special educational provision specified in the

statement. It is a way of monitoring and evaluating the continued effectiveness and

appropriateness of the statement. LEAs must ensure that such a review is carried out within

12 months of either making the statement or of the previous review.

9:2 When a statement is amended following an annual review, the date of the next annual

review should continue to be determined according to the date on which the statement

was made or reviewed rather than the date on which it was amended. When a second or

subsequent statutory assessment results in a new statement then the review should be

within 12 months of the date of the new statement

 

If the Statement is a second Statement issued after a review then the date when the original Statement was issued could be the relevant one.

 

Karen.

Edited July 27, 2011 by Karen A

[Sally44]

We had an orginal Statement and after the Annual Review in 2010 the LA decided that a total re-assessment was needed and a totally different Statement was issued in September, this is the Statement we are appealing.

 

My son is still registered at the orignal primary school he is refusing to attend. He is not in school due to anxiety and serious self harm behaviours. The LA have said there is every intention to return to him the same class/school he is refusing to attend.

 

"When a second or subsequent statutory assessment results in a new statement then the review should be within 12 months of the date of the new statement"

 

That means the AR should be completed and any amendments confirmed by the LA inside of 12 months from the date the Statement was issued on 13th September. That just isn't possible.

 

So far the school/LA have not agreed to any changes or additions to the Second Statement. So basically he became ill and the GP/CAHMS said that he could not access school. He spent over 9 months out of school with no education, and at some point is expected to return into exactly the same situation that made him ill.

 

That is why it will be interesting to see what the SALT/EP and OT [if any of them even attends], recommend on top of what he was previously receiving.

 

He won't have made any progress because he hasn't received any education.

 

Will they assess him at home or could they attempt to get him into school?

Edited July 27, 2011 by Sally44

[Karen A]

Hi.

 

The information that is relevant is in 18 and 20 of the document previously mentioned in that case.

However it only states that a review has to take place.

The submission from school could simply say that as the child has not been in school there is no relevant information to submit.

Similarly professionals could just report that they can't make any recommendations as they have had no contact.

There is no obligation placed on the OT or SALT to attend.

 

The school and LA are only obliged to contact professionals that they consider appropriate.

 

.If the LA are expecting him to return to the same school then my guess for what it is worth is that they will do nothing at all short of being able to demonstrate that a review has taken place.

 

Karen.

Edited July 27, 2011 by Karen A

[JsMum]

Has CAHMS wrote to the Hospital and Home Tuition Services to request Home Tuition or Hospital Tuition?

 

what are his abscences classed as at the moment?

 

Do you have covering letters to prove his Medical abscences?

 

I would defo be making plans for alterantive education, such as Hospital / home tuition for september.

 

If cams says he cant be in school then the LEA should be prividing an alterantive education.

 

JsMumx

[Sally44]

She wrote asking for hospital tuition.

The co-ordinator for the hospital tuition came and saw us at home and wrote a letter to the LA saying that they could not meet his needs and that he should be placed in a specialist fully resourced school.

The LA wrote to her boss and got her boss to withdraw this opinion!

 

I have never met the hospital school co-ordinator's manager, and she has never seen my son. It is obvious that the LA just did not expect that the co-ordinator would make such a strong statement. She was basically appalled at what she heard and saw when she came to our house. I had no idea she was coming, and so she saw us as we are and not after I had spent at least a week trying to make the house look something like it should do. I was in the process of trying to get my son out of the house (I had been trying since the morning and she came in the afternoon!).

 

The co-ordinator was actually brilliant. She is the first person who has ever asked me how I was coping. She said the situation must have an effect on my daughter, and on the relationships within the family. She said we needed time to do normal family things and that my husband and I needed some time for our relationship.

 

I have asked the consultant a number of times to write a letter to say that he is off school due to anxiety, but she just doesn't do it. That leaves me unable to force the LA to do anything.

Edited July 28, 2011 by Sally44

[Karen A]

https://www.education.gov.uk/publications/eOrderingDownload/DFES-0732-2001.pdf

 

The LA have a responsibility to provide a minimal level of educational provision for pupils not in school due to medical needs even if this is 5 hours per week home tuition.However this will only apply if you have documented medical evidence of mental health needs preventing your son going to school.

 

LEAs’ responsibilities towards pupils who

are unable to attend school because of their

medical needs should ensure that:

• Pupils are not at home without access to

education for more than 15 working days.

• Pupils who have an illness/diagnosis which

indicates prolonged or recurring periods of

absence from school, whether at home or

in hospital, have access to education, so

far as possible, from day one.

• Pupils receive an education of similar quality

to that available in school, including a broad

and balanced curriculum.

• Pupils educated at home receive a minimum

entitlement of 5 hours teaching per week

This is a minimum and should be increased

where that is necessary to enable a pupil to

keep up with their studies. This is particularly

important when a pupil is approaching

public examinations.

Whether the child or young person is able to

access this entitlement will depend on medical

advice, and perhaps more importantly, when

they feel able to cope with it. The right balance

must be struck between encouraging pupils to

study and recognising when they are not well

enough to benefit from teaching. This must be

kept under regular review.

 

The LA has to provide something in the interim for pupils not in school due to medical needs until the child is able to return to education or move on to long term alternative placement.If the hospital tuition can't meet your son's needs then the LA would have to find someone who can.There is an obligation to ensure educational provision of some discription is in place even where pupils are very unwell in inpatient intensive input CAHMS units.

 

Karen.

Edited July 29, 2011 by Karen A

[Sally44]

We are unfortunately in no-mans land.

My son is not in school due to anxiety and serious self harm behaviours.

The GP wrote to the LA after having spoken with the psychiatrist and said that school was not presently helpful for my son and that he could deteriorate further if forced to attend.

 

But the LA have stated they do not recognise that letter as being sufficient. They will ONLY accept a letter directly from the CAHMS psychiatrist. And i've asked her a number of times to send this letter (and i've put it in writing), and she just hasn't done it.

 

So I can't force the LA to provide any education.

 

What the LA are providing is an adult to play computer games with him. He has 3 x 1.5 hour sessions a week. This is at a special school, but he meets this adult and they go to a separate room. He is not meeting any other children yet. In September they want him to meet with some of the children from his school.

[Grace]

Hi Sally,

 

Have you checked this situation out re them saying they need a CAMHS letter? Because what Karen has quoted above does not specify that and certainly a GP's letter is considered good enough for absence from work, insurance claims etc.

 

They might have decided that is what they want, but it does not mean that it is legal. You have proof he has a medical condition and that should be good enough to trigger the help.Obviously putting as many barriers in the way as possible saves them money.

 

Also, try to get a copy of that coordinator letter, because LA's contacting medical/tutor staff to get them to change their views is a real no,no. Do you remember the case of that newsreader, where the Paed had diagnosed autism and the LA got her to change it? That is well dodgy for her to withdraw her views, just because the LA asked her to.

 

Have you got a date yet?

 

Grace/x

[Karen A]

Hi Sally,

 

Have you checked this situation out re them saying they need a CAMHS letter? Because what Karen has quoted above does not specify that and certainly a GP's letter is considered good enough for absence from work, insurance claims etc.

 

They might have decided that is what they want, but it does not mean that it is legal. You have proof he has a medical condition and that should be good enough to trigger the help.Obviously putting as many barriers in the way as possible saves them money.

 

Also, try to get a copy of that coordinator letter, because LA's contacting medical/tutor staff to get them to change their views is a real no,no. Do you remember the case of that newsreader, where the Paed had diagnosed autism and the LA got her to change it? That is well dodgy for her to withdraw her views, just because the LA asked her to.

 

Have you got a date yet?

 

Grace/x

 

Hi Grace.

Although you are right in theory it does depend on what line CAMHS take.

A CAMHS consultant is senior to a GP and is a specialist on mental health issues.

So if they do not support the GP letter then it may be difficult to challenge.

 

It is a very common issue now that GPs decisions regarding incapacity benefit are being overturned by DWP decision makers.They are not unfortunately considered good enough any more.

 

 

 

Karen.

[Grace]

Thanks Karen - I guess the question is whether the CAMHS doctor is not writing the letter, because she does not agree or because she has not had time.

 

Perhaps if things are quieter in the summer holidays, it would be worth another phone call Sally?

 

Best Wishes

 

Julie

[Karen A]

Thanks Karen - I guess the question is whether the CAMHS doctor is not writing the letter, because she does not agree or because she has not had time.

 

Perhaps if things are quieter in the summer holidays, it would be worth another phone call Sally?

 

Best Wishes

 

Julie

 

Yes.That would be my feeling exactly.

 

Karen.

[Sally44]

The GP wrote the letter after having discussed the situation with the CAHMS Psychiatrist, and it is written in that way ie sent from the GP after a conversation with the CAHMS Psychiatrist and quoting the psychiatrist as saying that "currently school would not be helpful for xxxx as he could deteriorate further". But because the letter is from, and signed, by the GP the LA will not accept it.

 

I understand what you are saying about that may not be legally enforceable by the LA. But as we have the tribunal so soon, we don't have the time, or see the point in challenging it other than at the tribunal itself.

 

The CAHMS psychiatrist does not appear to have any understanding of SEN law, and what she needs to do etc. She did put in the referal to the hospital school and the hospital school said he needed a specialist fully resourced placement. I don't know what CAHMS understanding of the situation is other than they know that he is not in school, but is receiving some 1:1 time with an adult. Maybe she feels that that is sufficient at this stage? I have asked her to write a letter saying that he is unable to attend school due to anxiety etc, but it has not happened. I went to my GP to see if she could get the psychiatrist to write the letter, but she has said that IF the psychiatrist has not responded, that it maybe better to go to the Paediatrician.

 

I feel that we are being made to jump through hoops all the time. I will ask the Ind. EP if he feels it is worth pursuing this line or not. It is just very frustrating that he has missed 10 months of education by the time of the appeal.

[Grace]

Hi Sally,

 

Well, I think they are being awkward - but no surprise there!

 

If for no other reason than to make them look unreasonable on the day (of the Tribunal), if the topic of interim schooling comes up, could you ring the CAMHS secretary and ask if you send a copy of the GP letter by email attachment, would she be able to get the Psychologist to counter-sign it, to confirm that she had said that to the GP? Explain to her that the LA won't accept it without her signature?

 

That way, no letter has to be dictated or typed up.

 

Just a thought.

 

Best Wishes

 

Grace/x

[Sally44]

That's an idea. I will talk to my advocate about that when I return from holiday.