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Statutory assessments before the law changes

(7 Posts)
nennypops Tue 18-Feb-14 23:49:43

I don't want to start a TAAT, but nor do I want to restart the thread where this came up; however, it's a statement which I think is a misconception that needs to be corrected. The statement in question was:

If you don't get the application in immeditaely you will too late - Statements are being replaced with something else.

It simply isn't the case that if you don't get an application for statutory assessment in now you will be too late for anything. The new Act hasn't even gone through Parliament yet, and we haven't got the final version of the Code of Practice and Regulations. The final version should include some transitional provisions which will cover what happens with assessments which are started before the Act comes into force but which haven't been completed. Either they will result in statements with a view to further assessments happening later to convert them into Education Health and Care Plans; or LAs will be required to carry out the additional assessments which will enable a full EHCP to be drawn up. In any event, even if you rush around and get a statement now, it is likely that it will have to be converted into an EHCP within three years.

salondon Wed 19-Feb-14 03:43:17

thanks

Was hoping someone who knows what they are talking about would clarify this for me. I will be following this thread with interest.

Not sure where the 'original' thread is. Doesn't matter

bjkmummy Wed 19-Feb-14 07:53:58

that is true nennypops - for me personally I have started the statementing process as she is in year 5 and with the likely refusals along the way its going to be a battle over a long time plus I understand the current system and wanted to be able to fight a system I understand whereas the new system will be new for everyone.

it doesn't help that professionals are also going around saying the same to parents - I have had my social worker sat here saying that statements will be gone by sept 2014 but doesn't then say anything that of course you can still apply for an EHCP

TOWIE2014 Wed 19-Feb-14 08:58:15

Personally, I would hate my DC to be a guinea pig in the new system. LAs don't know the old Statement system and how to be lawful within a system which has been in place for nearly 20 years! They're are going to be an even worse nightmare in the new system and be even more unlawful in the new system but this time because of their ignorance.

As bjk says, it's better to start the process now, so that when the inevitable "no" comes through, you are already in the system and along the path to getting provision for DC whether that's as part the old or the new system.

Ineedmorepatience Wed 19-Feb-14 09:10:50

Thanks nenny I am not sure which thread you mean. I tried to explain this on one earlier in the week too smile.

ToffeeWhirl Wed 19-Feb-14 09:26:27

nenny - thanks for the clarification. An educational professional told me just a month ago that there was no point in applying for a statement as they were ending within a couple of months.

Luckily, I have Mumsnet and so I know otherwise. I have applied.

I feel the same as Towie and applied recently - better the devil you know. I declined the opportunity to take part in the Pathfinder EHC trial.

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