A Question for the Wise one

[helenl53]

One of my friends is due to go to the school in about 10 days for an annual review which she said has been brought forward and she doesn't know why.

 

In the past she has not been given any reports prior to the meeting - she has been given the psycho report on the day. Not much happens at the review. I was advising her that the reports for the review should be circulated to everyone at least two weeks before the review meeting.

 

Today when talking to her, it seems that she has a very very dodgy statement and that the description of his disability is not correct. He has had the statement since pre-school and he has since been given a Dx of Asperger's.

 

I have suggested that she ask for a re-assessment as he has sensory, communication and socialisation difficulties - all related to the AS which are not on the statement, nor is there any input from the SLT and OT. She has already requested a referral to them on my advice as he has been running into difficulties that are proving difficult to resolve (I think that these issues are outside the experience and remit of psycho services). I have suggested that she do this in replacement of a review meeting.

 

Here is my question - is there a fatal flaw in requesting a re-assessment. It is something I may request for my own child and I seem to remember being told that the LEA can use the request for re-assessment as an excuse to delay for 18 months - I didn't understand what I was being told.

 

I am worried about advising this parent and making things worse.

 

Thanks

 

HelenL

[littlenemo]

IPSEA usually advise not to ask for reassessment unless absolutely necessary because it starts the whole statementing process all over again but will support parents who need to do it

 

your friend can get the statement ammended at the review - I got part 3b changed from half a side to 3 sides this year. I wrote a long letter explaining why and then presented the meeting with the ammendments I wanted in the form of a completely rewritten part 3b. It took a while but almost all of the things I requested are in there word for word now, just 'minor' changes.

 

your friend needs to ask the school why the review has been called early and then needs to get advice from both IPSEA and parent partnership (IPSEA are best for advice usually but PP will provide an IPS to attend the review for support, minuting, etc).

 

she can also ask a social worker to attend if she has one.

 

She definitely needs to take someone to this meeting for moral support, preferably someone who know the code of practice

 

Zemanski

[helenl53]

Hi Little Nemo

 

I have been struggling to understand why the DfES would have given me the advice to go for re-assessment for my son - but I have gone onto the SENDIST site and realise it is because there does not seem to be any right to appeal to SENDIST if the LEA refuse to make amendments to the statement after the Annual Review!!!!

 

This is due to come up for my son next term and the LEA tried to push us into having it early.

 

I have checked to COP for time constraints - but I think I now need to look at the Education Act.

 

I have looked through the Annual Review section of the COP and there is no mention in there of any right of appeal in any shape or form - it seems that in this case, the LEA have free rein to make the decisions that they see fit.

 

If my interpretation is wrong - can someone let me know because it is such an important point.

 

Thanks

 

HelenL

[nellie]

Helen,

 

Your interpretation is right. I believe you only have right of appeal if the LEA make changes to the statement.

 

IPSEA advises that if you are disappointed because the LEA refuse to amend the statement in the way you wanted following a review, you might consider asking for a fresh assessment of your child's needs.

 

It seems to be the only way to have right of appeal.

 

It's an unfair and unjust system.

 

Nellie xx

[helenl53]

Hi Nellie,

 

It is all becoming clear!!!!!

 

This mum has told me that she attends every year and as far as I can see - there has been no amendment to the statement!!!! Just an annual review with no changes!!!!!!

 

Seems like the LEA have two options at annual review - leave it or withdraw it!!!!

 

Unjust does not even begin to describe it.

 

I am going to ask the DfES if the current statement stands until a new one is issued - it seems to say that in the COP but I have becoming a very 'doubting Thomas'

 

Thanks

 

HelenL

[nellie]

Helen,

 

The current statement stands unless the LEA make changes to it or cease to maintain the statement, you then have the right of appeal in both cases.

 

If at the annual review the LEA receives evidence that show the child's needs have changed and the provision needed to meet those needs have changed then the LEA should alter the statement and tell the parents they have the right of appeal.

 

The LEA should act in the same way they do when writing the statement, they must use the evidence given to them and quantify and qualify the statement and tell parents of their rights. If they don't then a parent should make a complaint.

 

Best ask IPSEA or the NAS for clarification.

 

Nellie.

[littlenemo]

absolutely right - there is no right of appeal, but it is a possible step to take before considering reassessment if the LEA do not cooperate.

 

The problem with reassessment is the time scale mentioned before and also that sometimes it ends up with the statement being removed altogether, in which case you have to go through the tribunal process which is not something to wish on anyone if it can be avoided.

 

The problem as I see it in this case at the moment is that this mum doesn't know why the review has been called - it may actually be because the school aren't coping because the statement isn't adequate and they want to do something about it , or it could be something entirely different, like, it's more convenient(?)

 

my advice is to find out why this is happening, and then get proper advice from IPSEA, they will help decide which course of action is best, and it may be to ask for reassessment straight away

 

The fact that he now has a diagnosis and it is not in section 2 definitely needs to be addressed and probably will require reassessment if it is to be included in the statement, on this alone IPSEA will probably advise reassessment but if the school and LEA are recognising increased need and want to do something about it it may not be necessary and other options should also be explored.

 

Zemanski

[Kazzen161]

The Annual Reviews are seen as additions/updates of the Statement, so if a new dx/needs are stated in the annual review, they become part of the statement (once the LEA has accepted the Annual Review as being a true record of the child's needs). LEA's are lazy - they hate re-writing statements (ours usually reissues it with a little amendment typed on the bottom). T has only had two statements in 9 years. It gets difficult when you send info to new schools/colleges as you have to send the statement and the reviews. The LEA had to rewrite T's before transition to secondary, as his needs had changed a lot over 4 years.

 

Getting new needs put on the anuual review, can be a good way of "slipping them in" without arousing too much interest from the LEA.

 

 

Karen

[helenl53]

Kazzen - do you reckon they would notice the request for my son's school to be amended at part 4:lol: