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peppa

Proposed statement.

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Hi, haven't posted in quite a long time, but felt everyone here were probably the best people to ask!

 

I have just received the proposed statement for dd, I feel the provision they are suggesting seems quite adequate, but is however rather vague as to how that will be delivered,for example, it states that dd should have access to staff with an understanding of asd and access to advice from a specialist teacher.

Reading that though to me could mean that they just give the school a phone number they can ring if and when there's a problem! Whereas I would like to think that it meant that the t.a. that would be employed to work with her 1:1 actually has knowledge and understanding of asd so this can be something available full time to dd.

I don't really know what exactly I should be checking to include in the proposed statement, but have a feeling the proposal over all is a little vague. I have 8 days before it needs sending back, any advice on what I should do next is greatly appreciated!!!

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Hello Peppa :)

 

Do you have the report that was done for the Statutory Assessment (usually done by an Educational Psychologist)?

 

My son's proposed statement was very vague as well, so I went through Ed Psych report and highlighted everything that I could use to back up my request that they make the statement more specific and detailed. It then came back again with the number of hours of 1:1 specified, and it was very specific about supervision during playtimes. I also quoted the SEN Code of Practice section 8.37 which states that:

 

LEAs must make decisions about which actions and provision are appropriate for which

pupils on an individual basis. This can only be done by a careful assessment of the pupils’

difficulties and consideration of the educational setting in which they may be educated.

Provision should normally be quantified (e.g. in terms of hours of provision, staffing

arrangements) although there will be cases where some flexibility should be retained in

order to meet the changing special educational needs of the child concerned. It will

always be necessary for LEAs to monitor, with the school or other setting, the child’s

progress towards identified outcomes, however provision is described. LEAs must not,

in any circumstances, have blanket policies not to quantify provision.

 

Hope that helps

 

Nicky x

Edited by NickyB

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Hi, thanks Nicky, I have reports from ed psych, OT, continence nurse, independant peadiatrician, literacy and numeracy assessments and asd teacher and senco and last years teacher and teaching assistant! They are all very detailed reports and give a really good accurate picture of dd and her needs. I was really pleased with the reports, so very very surprised that the proposed statement was so vague, I'll definatley do as you suggested though, thanks for the advice and info x

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Have a look at this website and the links on the lefthandside of the page to "how to get the Statement right" http://www.ace-ed.or...ucational_Needs

 

There should be no ambiguous wording at all. LA's deliberately use these types of words because it is a 'get out' clause for them because you cannot prove they have not delivered the Statement. "Access to" means nothing. She could never be seen to anyone every again and the school and LA could say the Statement says "access to" which she does have, if needed.

 

Go also onto www.ipsea.org.uk website. See the common problems and also case law. LA's have to quantify and specify provision in Statements. But they don't. The only way you can make them do it is to lodge an Appeal to the SEND Tribunal services. The Tribunal Panel will quantify and specify. As Nicky B says, it should be in the reports the professionals did.

 

If it isn't write to each professional and ask them to quantify and specify provision to meet each need they identified in their report as per the Code of Practice. The SEN Code of Practice can be found at the top of the Education Form, but for ease here it is http://media.educati...%20practice.pdf

 

Even if you are not sure about the Statement, lodge an appeal. That covers you so that you have lodged it within the timescale allowed. If you miss the boat you are stuck with the Statement you currently have as the LA are not obliged to alter or amend it. The only place that can make them is a SEND Tribunal. And it is worth LA's letting it get to that stage because up to the date they are Ordered to quantify and specify and provide the provision, they are saving themselves money.

 

So speak to the EP, OT and SALT [and anyone else that has written a report about your daughter] and then send in letters of what was discussed and agreed. You can use them as evidence towards any Tribunal Appeal you lodge.

 

Please be absolutely sure that the LA know what they are doing.

 

You also need to know that there is no limit on what a Statement specifies or provides. So IF the LA says "we can't specify 10 hours of 1:1 SALT time per term" that is untrue. The NHS may not provide that as a standard service to schools, but IF the school or NHS cannot provide that level of support, by law, the LA has to fund it. That means the LA has to pay for it. That is why the LA issue ambiguous and vague Statements.

 

So go through the reports with a highlighter and use one colour to highlight the need/difficulty eg. "xxxx has difficulties with her expressive and receptive language." "xxxx has low muscle tone and is frequently tired" "xxxx struggles to stay on task" etc. Then number it and cross reference it to something in part 3 eg. "xxxx will receive xx hours 1:1 therapy per term from a SALT per term to work on her comprehension, inference, forming sentences, emotional literacy needs. This will be delivered in weekly therapy sessions in school where a dedicated TA will observe the session and then carry out the programme on a daily basis."

 

So write and ask the SALT "I have read through your report dated xxxxxx, and you have identified a, b and c as xxxxx's needs. Can you please quantify and specify the amount of 1:1 direct SALT therapy required each term to meet those needs. Can you also quantify WHO would deliver the programme in school on a daily basis, how long those sessions would be. Can you please quantify how many hours each term you will devote to training the TA, laising with school and parents, note taking and observations and assessments, setting IEP targets and attending IEP's and Annual Reviews. Can you quantify that you will produce an up dated report using standardised assessments before each Annual Review.

 

Can you confirm that you have assessed my daughter's social communication and emotional literacy skills. Can you please specify them as needs as these difficulties are due to her diagnosis and quantify how those needs will be met in school in terms of programmes and approaches, who will deliver them, how often, with what peer group and state what your input will be in terms of hours per term for these social and emotional literacy needs."

 

There is also every possibility that EVERY need has not been identified. So if there is anything you think has not been covered, speak with the professional about it, and include it in the letter.

 

The above gives you an idea of HOW specific it needs to be and HOW specific a SEND Tribunal would make it.

 

What the SEND Tribunal will do is read through any reports on your child and pick out the needs and the provison to meet those needs. If nothing has been quantified or specified the Panel will ask the professionals who attend the Tribunal what their professional opinion is. So it is important to get each need identified and provision for it quantified. Each need has to be met and you need to find out what is typically provided for your child's needs.

 

For example my son has ASD and Dyslexia. The LA EP refused to diagnose dyslexia [because she knows that once she diagnoses it, she has to quantify and specify how to meet that need]. Infact, initially, she said he did not have dyslexia, eventhough we knew he did from other reports. So I lodged an Appeal that dyslexia was itemised in part 2, but no provision to meet that need in part 3. There were also other things we were appealing, as well as the placement. I was seeking an independent ASD specific school where SALT and OT are employed by the school and are on site.

 

At the Tribunal I had my own independent reports and I asked those same professionals to attend as expert witnesses. From case law I knew that a child with severe Dyslexia should have input from a qualified dyslexia teacher. I found that they should be qualified to level 7, to teach and assess. The independent EP had quantified and specified how many hours and sessions per week my son needed to address that need. The Panel found in our favour. They Ordered that the LA had to pay the private school fees, and also pay the fees of the Dyslexia teacher.

 

Case law states that there should be no doubt as to who is providing what. Because when a Statement is not fulfiled the parents can use Judicial Review to Order the LA to fulfill the Statement. If a Statement is so vague that no-one can tell whether the provision has been provided or not, you cannot lodge or win a case of Judicial Review because of how ambiguous the Statement is.

 

SEN Legal law is different to whatever the LA or school or NHS have as their internal criteria or budgets. You will never get the same level of provison that has to be delivered by law without a legally worded Statement.

 

Does that make sense?

Edited by Sally44

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Thanks Nicky, it's a little overwhelming in some ways!

Just another little question, it states in the proposal, that dd should have access to :

Strategies and resources specific to asd.

Strategies to improve social and social communication skills.

Strategies to develop concentration and attention.

Strategies to help her manage her anxiety and frustration.

A programme and support to improve her fine motor skills/handwriting.

Whilst I agree with all of this, it seems a little to open to interpretation, as school could turn around and say well were already doing this. Am I being to fussy or am I justified in wanting it outlined in her statement exactly what strategies and programmes they plan on putting in place, when and by whom, or is that something that happens later? Just really eager to get it right for dd as she's floundering at present.

 

Thanks again xx

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Thanks Nicky, it's a little overwhelming in some ways!

Just another little question, it states in the proposal, that dd should have access to :

Strategies and resources specific to asd.

Strategies to improve social and social communication skills.

Strategies to develop concentration and attention.

Strategies to help her manage her anxiety and frustration.

A programme and support to improve her fine motor skills/handwriting.

Whilst I agree with all of this, it seems a little to open to interpretation, as school could turn around and say well were already doing this. Am I being to fussy or am I justified in wanting it outlined in her statement exactly what strategies and programmes they plan on putting in place, when and by whom, or is that something that happens later? Just really eager to get it right for dd as she's floundering at present.

 

Thanks again xx

 

Hello again :)

 

That seems very open to interpretation to me as well :o

It should state clearly exactly what is going to be done, how often, and by whom. You're most certainly not being fussy!!

 

Nicky x

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Hi Peppa,

 

No, your instincts are right, the wording is very woolly. If the statement doesn't describe exactly what your son is entitled to receive it's not worth the paper it's written on. Regarding your last point, there is case law somewhere that says LA's should decide what provision is needed and not leave it up to someone else to decide in the future. I'll see if I can dig it up

 

K x

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Hi Peppa,

 

No, your instincts are right, the wording is very woolly. If the statement doesn't describe exactly what your son is entitled to receive it's not worth the paper it's written on. Regarding your last point, there is case law somewhere that says LA's should decide what provision is needed and not leave it up to someone else to decide in the future. I'll see if I can dig it up

 

K x

 

 

Hi Peppa.

I also wanted to add my pennyworth to what Kathryn has said.

 

We obtained a Statement about six years ago which was updated for secondary school three years ago.Lots of access to and advice for.We are now preparing for a year 9 tansition review and find that access to and advice for amounts to a comitment to do very little in practice.Times and budgets have changed and lots of things that were provided although over and above what was documented we find we are having to fight to get back.Although it is not impossible it is far easier to have provision quantified and qualified in the first place if you have good evidence than to get it put in later.

 

Karen.

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That is exactly the problem I had with certain aspects of the first Statement my son had.

 

The SALT input was from an independent SALT report and was very specific, and that was provided. And that level of support and 1:1 therapy was more than any other child in his school received.

 

But he also had a Sensory Processing Disorder, Dyslexia, Dyspraxia which were mentioned in part 2, but there was no provision specified in part 3. It said things like "access to OT input as required". He never received any 1:1 OT input at all. The OT did give advice to us as parents, but no therapy. He was also extremely anxious, and yet school were saying they had "no concerns" and therefore did not refer him to OT as they did not think it was "necessary". So we were in a catch 22.

 

He ended up refusing school because he could not cope due to his level of anxiety which was due to his difficulties with learning ie. dyslexia, difficulties in the environment ie. sensory processing, difficulties with motor planning ie. dyspraxia.

 

All those needs are now covered in his Statement and it is quantified and specified.

 

So from receiving no input at all for dyslexia from the wording in the first Statement, he now receives in the Second Statement; 3 hours a week 1:1 tuition from a specialist dylsexia teacher qualified to level 7 to teach and assess. She also has to use standardised assessments to demonstrate progress. She, or the school, have to provide equipment and ICT software. She has to name targets on his IEP and produce an up to date report for the Annual Review. She has to attend all meetings in school relating to my son. She also has to train the TA and liaise with the class teacher on HOW all his work is delivered so that he can access it and achieve it.

 

From being illiterate, my son is already reading sentences. That is a huge difference. And not only is he actually learning and making progress, his anxiety is dramatically reduced and his fear of school is reducing and his self confidence is increasing. I couldn't ask for more. And it is completely due to the wording in his Second Statement.

 

From receiving no input for his sensory needs, he now receives a Sensory Integration Programme delivered by a suitably qualified OT. He receives a motor-planning and co-ordination programme put together by an OT and delivered by a trained TA. He has support from the OT/TA during PE lessons. He is having Auditory Integration Therapy. The OT has given equipment and advice to the class TA on how to support him during lessons. He has frequent breaks due to dyspraxia and has access to the OT room pretty much on demand. And the hours are all specified ie. a block of 26 weeks intensive Sensory Integration Programme for xx hours per week and then review etc. He is also taught in a low arousal environment with class sizes of no more than 8 pupils.

 

Again, he is making so much improvement in all these areas. And those improvements are improving other things. For example he has stopped holding his saliva in his mouth during the taxi journey to school. He now even talks to the taxi driver. He even asking to stay for dinnertimes so that he can play with the kids afterwards because this school allows the children to stay indoors if they wish. They can bring their Nintendos, game cards etc and play with other kids whilst being supervised by at least two adults per class of 8. Previously my son was refusing to go outside to play or even meet with other kids.

Edited by Sally44

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Thanks guys, I've arranged for a L.E.A liaison officer to contact me on Monday with a view to setting up a meeting, so I've got the weekend to go back through all the reports with a fine tooth comb and cross reference everything with what they are proposing and what dd actually needs, I'm ready to do battle I guess!

Due baby number two in 7 weeks, so really eager to get statement sorted before baby arrives, whilst I have the opportunity to really focus on it!

All advice is very much appreciated xx

 

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The LA have to finalise the Statement within the deadline for them to do this.

 

If you are not happy with the wording you must lodge your Appeal to SEND within the timescale allowed.

 

You can then still continue to negotiate right up to the actual date of the Tribunal. But by lodging an Appeal it allows you time to gather your thoughts. Produce the documented evidence of your child's needs and how they should be met.

 

You may need to get independent reports. But even if you cannot afford them, still go to the appeal because you have the identified need. The Panel will ask the LA and their expert witnesses what your child needs to meet that need. You will be there to state what you think your child needs.

 

It is also helpful if you find out what the school/LA can provide. From my experience LAs and school always say they will provide what the child needs, even when they don't have anyone to do it.

 

For example, at our tribunal the LA said they would meet my son's dyslexia needs by quantifying hours from one of their specialist teachers from the EP/Specialist Teaching service. However I knew that NO-ONE within that department had any additional qualification over their teaching qualifications for either autism or dyslexia.

 

A Panel will always want someone "suitably qualified" to meet the need. So when I reminded the Panel of that information, which I had in the Bundle of documents, the Panel asked the LA to clarify what they meant. The LA then had to admit that they would have to "buy it in".

 

This led onto my further argument that the current placement and the LA could not meet my son's needs. And that it was all 'add on' provision, where he actually needed a school with those professionals on site who provided those therapies, supports, approaches as standard.

 

So, if you end up at a Tribunal, you MUST also do your own research into what is available. Write letters and get written replies and submit that as evidence.

 

Does your child have Sensory Processing Difficulties? If she does this should be diagnosed and in the Statement. This is one of the biggest omissions from Statements because the NHS does not provide Sensory Integration Therapy, which is the required therapy to meet that diagnoses. So the LA would again have to buy it in from a suitably qualified OT who has completed the sensory integration therapy modules needed for her to be able to deliver such a programme.

 

As your child has an ASD, anxiety, dyspraxia, there is a high chance she has sensory processing problems too.

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Dd does have sensory regulation/ modulation difficulties too, and at present is really all over the place in this area, we have such a lot happening at home at present, with a new baby on the way, house conversion and a family tragedy at the weekend, inevitably that has changed routines and dd hasn't coped well. I spoke to OT yesterday and she said the sensory system is usually the first to shut down when anxious. She has arranged for DD to start the Alert programme in a fortnights time and is currently already seeing her in school regarding her handwriting, and hand laxity. The statement at present just states in part 6, 'she will benefit from support, advice and input from an occupational therapist' so again this is non specific, I spoke to the OT regarding this, and she said that is common within statements but to request it be more specific, she assured me her intention is to give dd intensive support at present, and for as long as she needs it, so suppose that's good???

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Whatever provision your daughter needs must be quantified and specified in part 3 as an educational need. If it is not in part 3 the LA are not legally obliged to provide it. If the LA refuse to quantify and specify you must go to Tribunal about it.

 

Case law states that Speech and language therapy and Occupational Therapist is "an educational need". So let the LA put it in part 6, but they also have to put it in part 3too.

 

And if your daughter has such severe sensory issues, she must be diagnosed with a Sensory Processing Disorder. And that in part 2 = a Sensory Integration Programme in part 3 by a suitably qualifed OT.

 

So speak to the OT first about whether your daughter has a Sensory Processing Disorder and then follow that up with a letter to the OT asking her to identify every need and quantify and specify as required by the Education Act and the SEN Code of Practice.

 

The Tribunal Panel will go with case law IF she has the SPD diagnosis. So you need to get that in writing from the OT that she has both a Sensory Processing Disorder and Dyspraxia - and ask the OT to quantify and specify how those needs will be met in school in terms of 1:1 therapy, support during school and also the additional hours an OT would need for the admin side of things eg. note taking, observing, assessing, training the TA, laising with school and parents, attending IPEs and Annual Reviews and producing an up to date report using standardised assessments for the Annual Review.

 

It is much better to lodge an Appeal and go to Tribunal. The alternative is that you leave the Statement as it is, nothing gets provided, you complain but find there is nothing you can do about it because the provision is not specific enough for a court to even know if it is being provided or not.

 

Go onto www.ipsea.org.uk website and look at the common problems and also the case law. Go to the links I have given you and it is all there.

Edited by Sally44

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Sent forms off requesting a meeting, so got call from Lea officer asking me to put in detail what my concerns were and send them to the chief officer, she also suggested I speak to school before a meeting is arranged as school may be able to clarify some areas better for me. I've had a meeting with the school Senco who also teaches Dd for part of her day. Fortunately he echoed my concerns regarding wording and content and has already been in touch with Lea to state he backs my concerns and would like to be part of a meeting to ensure the statement is amended accordingly. He's also preparing a revised draft IEP for dd to clarify exactly what support, will be used where, for me to okay before meeting. Expecting phone call from Lea sometime today or tomorrow with a date for meeting, so will give it till lunchtime tomorrow then if I havn't heard anything I've got the afternoon to phone myself! Hopefully this is positive, nice to have the support and backing from school, so I'm hoping to get the result I wanted.

Thanks again everyone x

 

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Whatever the outcome of this meeting, please look on the www.ace-ed.org.uk website under their SEN link as it gives a lot of informatioin on getting the Statement right.

 

If the wording in the Statement is woolly, then it will not be legally binding on the school/LA because it won't be clear what the Statement should be providing.

 

There is also lots on the www.ipsea.org.uk website about the need for LAs to quantify and specify provision in Statements.

 

You need to ensure that each and every need is detailed in part 2 of the Statement, and then cross reference each need to section 3 to see where it quantifies and specifies how each need will be met.

 

For example, if the Statement identifies dyslexia in part 2, one way of meeting that need might be to state that a suitably qualified specialist teacher, qualified to level 7 [to teach and assess], will be employed and will deliver 4 hoursly 1:1 sessions per week in school working with xxxxx. It may also state that this specialist teacher has to train a TA and also liaise with the class teacher so that ALL class work is differentiated in a way that meets both the ASD and SpLD needs of the child. It may also state that this specialist teacher will attend all IEPs and Annual Reviews and contribute targets for the IEPs and produce an up to date report for each Annual Review.

 

So, if such a qualified teacher is not produced, and those documented hours are not met, you can complain.

 

If the Statement says xxxx has dyslexia and will receive input from a specialist teacher as required. You can immediately see that that means nothing. You cannot complain that no teacher has been employed because the LA or school may just say it is not required as they feel they are meeting your child's needs. And you cannot complain to the LA/school about that. You end up with a Statement that is not worth the paper it is written on, and that means you would have to seek amendments at the Annual Review, or seek an emergency review or a total re-assessment. You also don't have anyone training the TA or teaching staff about dyslexia and you have no input from the specialist teacher towards the IEP targets and no way of monitoring progress because they are not producing up to date reports for each annual review.

 

A SEN Tribunal is the ONLY place you get to put your case before a Panel of professionals that will follow special educational needs case law - which is totally different to any criteria or budgets the LA or school may have. This Panel will want the Statement to quantify and specify - but they take that information from the documentary evidence you submit which includes reports and correspondence, IEPs, school reports etc. So those reports have to be specific. The Panel also question whoever attends the Tribunal and the LA will argue that your child does not need such a high level of support and may assure the Panel that they will do whatever is needed to meet the child's needs. So it is vital that you have the wording in reports that will make the Statement legally binding. You also need to establish if the LA even has anyone capable of meeting your child's needs and those requirements must be in the Statement eg. a dyslexia teacher qualified to level 7 to be able to both teach and assess progress. If you don't have that type of detail in the reports used towards the Statement, you may need to get your own independent reports from professionals that have experience of writing reports for SEND Tribunals and also experience of attending as expert witnesses. The best time to get those reports if AFTER you have lodged your appeal to SEND about the Statement.

 

Although the school SENCO is being helpful. It is doubtful that they know enough about SEN case law and how specific the Statement should be. So please go onto those websites and see for yourself how the Statement should be worded.

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Still waiting for LEA to get back to me regarding a meeting! I've phoned quite a few times and just keep being told the lady will call me back. I'm getting quite concerned now that I'm being fobbed off so that i miss deadlines and can't do anything about it!

 

I'm not really sure what to do next. My baby is due in just over 4 weeks so could really do without the stress right now. Think I could do with parent support from an experienced person in this area, not sure where best to get this? Parent partnership maybe??

 

Also a little confused if may have been some misunderstanding with school senco after our meeting, as he stated that he agreed with me regarding that the proposed statement was vague and that he intended clarifying things on the IEP. Then on the last day of term at home time I was asked to go in and have a look at some amendments he'd made on his copy of the statement that he was sending back to LEA to see if I agreed with them. I went and had a look and stated I agreed with the amendments he made, but now I'm concerned that I may have shot myself in the foot and that the LEA have the impression that I'm happy with the amendments that he made and I don't want to take it any further! Thing was senco wasn't available then to check if this was the case as he was out on a school trip! So I'm going to have to wait until return to school on Monday to check with him!

Don't really know what to do next or where I stand legally now! Not getting support from my partner in this area he tends to leave it all up to me! I'm also concerned that if I go into labour, it's not going to get sorted, argh!! Don't know what to do next for the best outcome. So annoying that we have to fight for everything. DD is being particularly difficult recently to, I'm so worn out at a time when I need to be saving as much energy as possible for the impending labour!!!

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It doesn't matter what you think you may have agreed to with the SENCO.

 

The LA has to finalise the Statement within the timescales [26 weeks from start to finish]. And often parents negotiate for some time with the LA and still do not get all the amendments, in that case they write and request the LA to finalise the Statement so that they can appeal.

 

And once you have lodged your appeal you can still be negotiating with the LA right up unti the day of the Tribunal. Indeed the Tribunal Panel will like to see that you have tried every possible way of getting the Statement worded correctly to quantify and specify.

 

The PP may give you some advice, but they are still employed by the LA. So they are not entirely independent and they are not proactive.

 

I would write to the LA. You need everything in writing. You cannot submit "verbal" evidence at a Tribunal. Put in writing that you wish to meet with [whoever the inclusion officer is], and ask her to reply within 7 days. If you get no response, write again asking the LA to finalise the Statement so that you can lodge an Appeal.

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Thanks Sally, I've been so overwhelmed with everything I've got going on at the mo, it's so lovely to have some concrete advice on where to go next! X

 

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