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Sally44

Meeting held about respite funding

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There was a meeting between the LA, Health and Social Services about funding for some residential stays at his school yesterday. I'm almost dreading having to phone for the outcome of that meeting because if they have not agreed how they will fund it, that will force me to have to appeal the non-amendment of the Statement after the AR.

 

I was advised by ipsea to write to the people attending the meeting to set out exactly how severe my son's needs are, and to remind them of what the law says regarding these issues.

 

These needs were not detailed in his Statement after the Annual Review, which they should have been. And the LA know that.

 

I'm due to start work end October, and i've been put in an impossible situation where social services have said that my son cannot be left on his own [which I agree with], as it would be a safeguarding issue. However he would not cope in any 'after school club', and needs to be residential at least for part of the week. If they agree to that I can try to find family members who can be with him at other times. But if they have not agreed the funding I really don't know how I am going to work and be at home with him at the same time!

 

Previously I received Incapacity Benefit, which helped us meet the mortgage and bills etc. But since the re-assessment process I have been refused ESA - which I am appealing. But that means financially we cannot cope unless I am working too.

 

 

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So sorry that your penny pinching LA is at it again Sally. As if it is not hard enough having a disabled child with complex needs but to have to fight for everything you and your son are legally entitled must just be such an emotional and physical drain.

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Was too busy to phone today, but the Social Worker has left a message saying he tried to get in touch!!

 

So must phone him tomorrow. Keeping everything crossed until then.

 

 

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The Panel have agreed to fund one nights respite at his school.

The Social Worker recommended 2-3 nights.

Wondering whether to accept this, as a further tribunal could only potentially achieve another night.

 

But one night is not a strong routine for him to get into and he could simply refuse to stayover on those days.

 

 

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feels like they have offered you one night in the hope you will say okay then - may be worth you trying to argue for more as i bet they will then up it to 2

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I don't think they will.

The LA have sent me their Decision Letter after the AR, and they have said they are not going to amend.

So if I am not happy with one night, I will have to appeal to SEND yet again.

And as the Social Worker recommended 2-3 nights respite, even if I win, it could just be one more night.

 

I think I will accept the one night and see how it goes. We have the next AR in July next year.

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its tough sometimes isnt it? i know what you mean - having to face a send tribunal and the work/effort involved - hopefully it will start at one night and then you can at a later stage maybe get it increased. i think the most positive part is that they accept that he does need the overnight albeit for only one night a week

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Sally I think you should appeal.

 

I know it's a lot of work for only potetially 1 more night but that's still DOUBLE what they have given you so far. I would also appeal and try to make a point of letting the panel know that your LA have failed once again to meet their obligations to your son and failing to take the advice of social services etc forcing you to appeal. I'd make a point of raising this as an issue in some respect - I don't know if you could do it to the panel or if you could maybe go to a local counsellor/MP and ask them to look into the repeated and deliberate failure of the LA in respect to their obligations to you and your son.

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The main issue I have at the moment is that the one night is going to be funded by Social Care, which is not an educational need. So unless I get something in writing, that it is an educational need, I don't have a leg to stand on.

 

I may be able to push the school to get their psychologist to detail how there will be an educational element to it. And if I get that I may consider going to tribunal.

 

The Head from the school has said that this is the FIRST time my LA has EVER agreed to a child staying overnight.

 

I've got until beginning of November to decide whether to appeal or not.

 

But I am concerned that firstly the social worker has said that if my son is left on his own at all whilst I am out working that it will be a safeguarding issue and my son would be taken into care. Yet they've only agreed to the one night respite.

 

And I would have to prepare my case again for tribunal. Hopefully not so many reports etc. And I cannot afford to get anyone independent. It would be just me and the Social Workers report and maybe a letter from the school's psychologist.

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