15 Feb - deadline for statment

[madme]

Sitting waiting for sons statment naming school for secondary transfer in September. I suspect that it wont arrive intime - what steps can we take

[phasmid]

I'd wait and see what happens tomorrow first. If it doesn't arrive then you can do lots about it! Try not to fret about it overnight (I know thats easier said than done) and see what the post brings. I'll keep my fingers crossed it arrives for you.

[jen]

Rng your LEA officer asking when it was posted and what did it say. You could always go to the office and collect it. I always do this and my statements or proposed are always ready in time because I am always on their backs in a nice way.

 

Jen

[CarerQuie]

Hope that you hear something tomorrow.xx

[Suze]

I,d get on the phone tomorrow, let us know the outcome....fingers crossed.Suzex

[madme]

I,d get on the phone tomorrow, let us know the outcome....fingers crossed.Suzex

Thanks. Havent rung them today. Friday they said it was going to panel today.

[phasmid]

Unless they plan to give it to you they are pushing their luck to expect a letter to be delivered to you tomorrow! It may sound harsh but I'd wait until the psot man has been before ringing - that way you can say it didn't arrive if they say it was in the post. Then ask them to e-mail it to you to ensure that they do not breach the deadline.

 

If you don't get it and they refuse to e-mail it then you will have ample grounds for a formal complaint (IMO)

[call me jaded]

We went through this last year. Although the panel agreed with our school placement, we didn't get the revised statement until ... 15 JULY.

 

I suspect internal politics played a large part in that. Didn't make for much of a transition, but luckily my son isn't phased by things like that.

[madme]

Thanks everyone. Post has been and nothing from LEa. Will now send emails demanding the finalised statement. Can we lodge an appeal with SENDIST if they havent finslised the amended statemen? I dont think we can as we had that problem last time and had to insist that they finalise so that could appeal. Looked on ipsea website and found nothing helpful.

[madme]

Thanks everyone. Post has been and nothing from LEa. Will now send emails demanding the finalised statement. Can we lodge an appeal with SENDIST if they havent finslised the amended statemen? I dont think we can as we had that problem last time and had to insist that they finalise so that could appeal. Looked on ipsea website and found nothing helpful.

 

Have called its with a different sen person who we know - he deals with the tribunals but to be fair he has always been in the background. I can at least have a sensible conversation with him. On friday he was trying to get me to negotiate to pay travel and other items. I said put it in writing and still waiting. apparently they are rewriting statement as we speak but I think it has to go to panel again - so cant see how we will get it today by email or not.

 

Poor son is worried - he kept checking the post.

Edited February 15, 2006 by madme

[phasmid]

Give me ten minutes or so to check but, unless there are specific reasons to delay the finalised satement they have failed to meet the deadline and all that entails.

 

I'll be back!

[Tez]

Ipsea told me its possible to complain to the Education Ombudsman about maladminstration without the statement being finalised but that you can't refer the matter to SENDIST until such a time as it has been finalised.

[phasmid]

I'm looking at page 9 of the Special Educational needs and Disabilty Tribunal - How to appeal booklet (sept 2002). Tey say this is not a SENDIST matter but you can complain to the LEA (yeah -thats what they say!) or the Local government ombudsman or the Secretary of State, just not them! I'd be inclined to keep ringing them and see what they say. If you have nothing by mid-afternoon I'd be contacting the DfES and asking to speak to someone about the late issuing of statements and see what they can do.

 

Wish I could find something more positive. At the back of my mind I know there is something in the CoP about specific circumstances where the statement can be delayed due to late submissions from 3rd parties (which may not be the case here anyway) but I can't find it.

 

Keep on at them.

[Tez]

From the COP these are the reasons why finalising a statement might be delayed:-

 

 

 

 

 

8.8 Time limits

 

On receipt of the proposed statement, parents have a right to state a preference for the maintained school their child should attend and to make representations to, and hold meetings with, the LEA. It must also be explained to parents that they have the right to raise any other issues relating to the body of the statement. The LEA must normally issue the final statement within eight weeks of the issue of the proposed statement.

 

The exceptions to the eight-week time limit for the making of a statement are:

 

 

 

a. Where there are exceptional personal circumstances affecting the child or his or her parents (for example, family bereavement) during the making of a statement.

 

b. Where the parents or the child are absent from the area of the authority for a continuous period of not less than four weeks.

 

c. Where the parents, having received a proposed statement, want to make representations about the content of the statement after the 15-day period.

 

d. Where the parents seek more than one meeting under paragraph 4 of schedule 27.

 

e. Where the LEA have sent a written request to the Secretary of State seeking his consent under section 342 to the child being educated at an independent school which is not approved by him and such consent has not been received by the LEA within two weeks of the date on which the request was sent.

 

Hope this helps.

[madme]

Thanks for checking. Im trying to stay positive and infer that they will name school we want.. in my dreams ?!

[phasmid]

Thanks Tez, I couldn't find the right bit. My minds o other things I guess as I am supposed to be writting an essay for college but keep getting 'stucked' so popping in from time to time to see whats going on in the hope of finding inspiration*

 

If none of these apply in your case madme I would start making awkward phone calls from about now!

 

 

 

 

* (- Note to certain people thats my excuse and I'm sticking to it... you know who you are )

[call me jaded]

In our case they told me all along that they were naming our preferred school and I didn't chase as hard as I could for fear of rocking the boat. They also told my son's new school that they were being named, they just completely failed to issue the paperwork. We were left in legal limbo, along with a few dozen others, I have subsequently found out. They were in crisis and asked the school where I'm a governor to set up an autism provision with just about 12 weeks notice, six of which were during the school holidays.

 

Post transition I contacted our local councillor who is the lead for Children's Services, and she wants to meet with a group of parents. My friend who is going through transition this year is still having problems, though nothing like last year. As a school, we're expecting to be opening further ASD provision with more notice.

 

So keep positive, it could all be bureaucracy in crisis.

 

It was a stressful year, I can tell you.

Edited February 15, 2006 by call me jaded

[phasmid]

I take it you didn't you hear anything from them?

[LKS]

Hi madme I had exactly this problem last year. Are you just waiting for an ammended statement naming your son's secondary school. In the COP at the back under statutory instruments page 20 it says

Phase transfers, this regulation applies where a statement is maintained for a child and the child is within 12 months of a transfer between phases of schooling. An authority must ensure that the child's statement is amended so that BEFORE 15th February in the calender year of the child's transfer the statement names the school or other institution which the child will be attending following the transfer. This is not guidance this is the law

Last year when I hadn't received my son's ammended statement I phoned the SN team at the LEA and was told that we would receive notification of secondary school place 1st March same as ever other child as it wasn't fair on the other children. Head of primary school confirmed this belief saying he had been involved in many meetings with HT's of all secondary school teachers from the borough and they were following Dfes guidance. This was a blatant lie and I have it in writing It took me 2 solid days of phone calls to Dof E's secretary and my M.P. before I finally received the ammended statement on the 18th Feb. The Dof E said in a letter to the M.P. that they had always intended to get the ammended statements out for the 15th of Feb., but they were very under staffed. Funny how my letter attached to the statement was still dated the !st of March Please Madme inform someone higher up that they are actually breaking the law. It was my belief and IPSEA confirmed this that you should receive this information on or before the 15th Feb. Postal delays aren't an exscuse.

[madme]

Thanks everyone. Have had to take son to dental hospital and took quite a while. Thankfully hes ok now. His pain threshold is quite high but then he just cant cope- lots of screaming etc. We had an email and later a fax naming the school we wanted just after 5pm apparently. Lots of very snotty emails suggesting that the issuing of a statement was suffcient even if we didnt receive until friday! They appear to be playing a game about who pays for what and we will have to go to tribunal but at least the school we wanted is named. The system stinks. When I reread the emails it sickens me. All threat. I will be sending them to a local councillor who is part of a scrutiny comission.

[phasmid]

The naming of the school is the bit for you to worry about - funding it is THEIR PROBLEM!

[madme]

Thanks Phasmid. They appaer to sugggest that we have agreed to fund transport . I had indicated a long time ago that we would consider thsi if resolved then but as it became more apparent that the school we had chosen was the right one and their choices rejected so why should we pay transport - its only weekly as will be weekly boarder. Their choices all rejected and supported our view. They alo want us to pay for specialist maths classes - we say educational need- statement doesnt refer to it - so we have to go to tribunal. At least however we appear to have some way forward.Thabk you all for your help and support. Its really appreciated.