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LisaKaz75

Annual Review today

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Its his review today! Am dreading it

 

Leo is currently reception going up to year 1 and as yet no transition in place. We have annual review this afternoon, so hoping for some answers

 

My main concern is that there is a SEN funding shortfall at the school this year as it is a high attaining school with a good reputation for SEN fo higher than average number of SEN pupils - hence lack of money

 

They are applying for the top up funding but not heard if that been successful

 

Leo currently gets 32.5 hours one to one and he needs it. If its cut not sure how he can cope in mainstream, he needs the support more at unstructured times such as break and between activities, than he does in the classroom

 

I am led to beleive they cant just cut hours due to funding there has to be a good reason such as improvement etc.. but I am not convinced this will happen

 

Can I refuse to sign if I do not agree with any changes?

 

Am so hoping that they just agree that he needs his current level of support to continue

 

LisaKaz

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I presume he is Statemented. Does it say in the Statement how many hours 1:1 he should have? The Statement must be a true reflection of need.

 

So if they say at the AR that they are going to reduce his support they have to amend the Statement and that gives you the right to appeal to SEND. I've never had to sign anything at or after an Annual Review.

 

After the Annual review the school should write up a report. They should send a copy of it to the LA and to you.

 

Although parents have the right to appeal the Decision after the AR [ie. the LA will write to you with their Decision Letter saying whether they are going to amend the Statement or keep it as it is], there is no legal timeframe by which the LA must have issued the Decision Letter.

 

But if they do drag it out, you can lodge a complaint with the Local Government Ombudsman. LAs do this because the parent does not have the right of Appeal without the Decision Letter. I have heard of LAs taking a whole year ie. to the next AR before they issue the Decision letter from the previous AR. However the LGO would not be happy with that. But if this does happen, just post again and we can give advice on who to write to and what to say.

 

At the AR you will be looking for evidence of progress - academic, social, speech and language, emotional etc. And it must be measured/recorded progress and not just someone saying he has made progress. You want the written evidence from assessments, key stage results etc for academic progress.

 

You have the right to have your input. You can say that you think he needs his current level of support to remain as it is, or if you think he needs more support in certain areas you can say that too.

 

Whether or not a school has the 'funds' to fulfill the Statement is not your problem. By law the LA is responsible to ensure the Statement is fullfilled. So the LA is responsible to provide the funding to do that. If they don't you can go to Judicial Review and the court will Order the LA to provide the money needed to meet the Statement.

 

So what is vital is that the Statement is legally binding. Is there anything in the Statement that has not been provided. And if not, why not. Does the wording need amending. Does the hours or staffing arrangements need clarifying so that the Statement is not ambiguous?

 

Hope that answers your questions.

Edited by Sally44

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Parents also have the right to Appeal to SEND if no amendments are made to the Statement. This is relatively new. Previously parents could only appeal when the LA amended the Statement. Now, if the parents thinks there are needs that are not included in the Statement and provision to meet those needs, or if the current provision of the Statement is not sufficient, or that the child needs more 1:1 therapy etc and the LA does not agree; the parent can still appeal the LAs decision not to amend the Statement. So for parents it is now a win win situation.

 

So please don't worry too much about the AR. If the school/LA have decided to reduce the provision they are going to do that anyway regardless of what you say. But you can appeal that decision. And if there is no evidence of progress, then you are likely to win. And if you lodge an Appeal the LA may capitulate and decide to keep the Statement as it is. Sadly it is often the LA's way of testing whether a parent will go to tribunal or not. Tribunals cost LA's money. So they are more likely to reduce the provision if they think the parents will not fight that decision. Very unfair, but that is how they do it.

 

If you do end up at a Tribunal it will be a good experience for you to see how it all works. Then if you need to go back to a Tribunal eg. at transfer to secondary stage, you will be much more clued up about what to expect and what you need to do at the Tribunal itself. The Panel are usually very good and see straight through what the LA is doing.

Edited by Sally44

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Thanks Sally not seen any reports, though verbally was told that his current teacher has recommended full hours

 

Yes he is statemented and it says 32.5 hours additional support though one to one, to work in small groups with aid of one to one to help with social interaction

 

The school I have to say are fab. A child that in Sept had no interactions with peers, could not hold a pen or read, now has a small group of friends is writing and reading at the recommended level (age 5 to 6)

 

I could not fault anything that they do. They are immensely inclusive and I have a communication book everyday telling me what he has done, who he has played with and any achievements he has had so we can talk to him about this at home

 

Just the hours thing that worries me.

 

LisaKaz

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So hopefully nothing will change.

 

Are the therapy hours included in the Statement eg. xx hours per term of 1:1 speech and language therapy from a suitably qualified SALT? And the same for OT if he gets occupational therapy.

 

To check that therapy is being delivered it should be clear on his weekly timetable when it happens. If the therapy is not detailed in the Statement in terms of hours, then that can change without you knowing it. And therapy hours cost much more than TA 1:1 time.

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There's no need to get too fussed about the review - you should put your case as best you can but it is not final - you shouldn't be asked to sign anything.

 

After the review you can always write to the school making additional points - then the school will send their report to the LA, copied to you (within 10 working days). At that point you can also talk to the LA and let them have your opinion directly.

 

Then the LA will issue a decision - either saying they are not gong to change it or setting out their changes. If they don't make any changes then you have the right to appeal, if they propose changes I think you have the right to comment on those changes and have a meeting - once they finalise the statement then you have the right to appeal that too.

 

Funding for the statement should come directly from LA so if the school is short of SEN resources then they should be seeking to increase the provision in the statement to get the extra funding - but it doesn't always work that way.

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thanks everyone!

 

Feel a bit more relaxed now - its just our first one

 

Sally, Leo gets speech therapy from SALT once every half term and she leaves activities and tasks for his one to one to do and she does them 3 times a week. This is all specified in statement

 

He has no other therapy in school

 

Lisa

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The other thing worth saying is that you should take as detailed notes as you can of the meeting - maybe take someone else along to write it down for you.

 

Should you end up at tribunal the notes of the annual review will be part of the evidence and would you want the only written version to be those provided by someone who is paid by the LA?

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Meeting went well

 

School are supporting that he needs the 32.5 hrs (he has this now) and hope the LEA will agree. If not they will be arguing it with us

 

If he does not get funding for it, he will have it anyway

 

Relief!

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Glad it went well.

 

In general the school should be on your side - they are at the sharp end and have to pick up the pieces if things go wrong.

 

If the output from the review is worded strongly enough the LA are unlikely to resist - if they do you will need to take it to tribunal

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If there are any issues regarding funding, eventhough the school says they will provide it, you need to appeal to SEND. You need the LA to be Ordered to provide it because if you let it ride, and then for whatever reason the school can no longer provide it, you could be outside of the timescale to appeal, and then your son would lose that support and you would have to wait for another year to appeal - or you would have to call an emergency review, which would take months to complete, and then lodge an appeal, which would be a further 4-6 months.

 

But glad it went okay.

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Is the level of speech therapy he receives producing progress? Does the SALT monitor outcomes and assess to ensure that targets are being met? If not then you can ask that SALT input is increased.

 

My son used to get one hour a week 1:1 with the SALT in school at his former mainstream primary school. The SALT also had 9 hours per term for assessments/observations, liaison with parents/school, training the TA, attending IEP and Annual Reviews, input to SULP group, preparing a report for the Annual Review.

 

At his current independent school he gets more SALT input, both 1:1, in class, and in Social Group.

 

We got an hour a week with the SALT because we could demonstrate that a TA is not capable of delivering a SALT programme, which needs expertise to teach and knowledge of speech disorders and ASD.

 

If you are happy that the current level of TA input is getting results then okay. But don't feel you have to accept it if you feel your child needs additional input.

 

Have standardised assessments been carried out, and then repeated a year later to demonstrate progress? If no assessments have been done, you need to ensure that you request they are carried out, otherwise how do you know if progress is being made?

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yes he is making progress in SALT. He is now forming sounds properly and she has moved on to some topic work that helps him with concepts

 

So this term on, next to, behind, in, in front of etc...

 

He is tested each time she is back in and a new area is then set

 

I have to say this seems to work really well as he is starting to use these terms in sentences and they even make sense! lol

 

LisaKaz

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The other thing worth saying is that you should take as detailed notes as you can of the meeting - maybe take someone else along to write it down for you.

 

Or your phone on in your pocket recording the whole thing so you can remember what they said when you get home!!!

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