Statement Due

[elainem]

Hi,

 

following on from my handwriting without tears post I am sorry to have to ask for more help. We are at a bit of difficult time right now and mostly we seem to manage but I would appreciate any input.

 

Our statement is due this week for our ASD ds starting reception on Tues. He also has severe dyspraxia and we are hoping Occupational Therapy and Handwriting Without Tears in included in the statement. We know this is v.unlikely.

 

My question is, if we get the final statement and we have to appeal, then does that mean that nothing of the statement is implemented eg if ds is awared x hours LSA support and we appeal on the OT issue then would that mean the LSA was not provided until the completion of appeal process.

 

I hope that makes sense.

 

My thinking is that it would hold up the whole statement and that would prob mean we would decide not to appeal.

 

Elaine

[annie]

Hi Elaine,

 

This is taken from the SEN Code of Practice. Hope it helps.

 

8.15 The final statement

 

The LEA must send a copy of the final statement to the child's parents and give written notice of their rights of appeal to the Tribunal and the time limits. Parents may appeal against the description in the statement of the child's special educational needs, the special educational provision in the statement, and the school named or, if no school is named, that fact. The LEA must also give the parents the name of the person in the LEA to whom they may apply for information and advice about the child's special educational needs.

 

When amendments are suggested to the proposed statement and agreed by the LEA and the parents, the final statement should be issued immediately. LEAs must arrange the special educational provision, and may arrange any non-educational provision specified in the statement, from the date on which the statement is made. Every effort should be made to ensure that parents understand the significance of any amendments and the nature of the provision that is proposed to meet the child's special educational needs. Where, despite opportunities to discuss the situation with an officer of the LEA and any relevant professionals, the parents are unwilling to accept other amendments to the proposed statement or the LEA refuses the parents' proposals for amendments to the proposed statement, the LEA may nonetheless proceed to issue the final statement. The LEA must, however, inform the parents of their right to appeal to the Tribunal with regard to the provision specified in the statement, including the named school, and the procedures to be followed if they wish to do so.

 

Recourse to the Tribunal will inevitably be stressful for parents and time-consuming for the LEA concerned. To minimise appeals to the Tribunal, LEAs should ensure that parents have the fullest possible access to information and support during the statutory assessment process and that they are fully involved in contributing to their child's statement. Partnership with parents is fully discussed in Chapter Two.

 

Annie

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Edited September 4, 2005 by annie

[UltraMum]

We were told by the parent partnership that the hours on the statement would be implemented once it was finalised - even if we then decided to appeal.

 

The NAS agreed with this and advised us (after the LEA had issued an amended statement) to ask them to finalise the statement, so that we could appeal.

 

The statement can be amended at any time (with the agreement of both parties) but the issuing of the final statement, even if you don't agree with it, means that the LEA have to provide the resources, even if you are appealing to the tribunal.

 

Hope that's clearer than mud!