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Note in Lieu.

(30 Posts)
onceortwice Thu 11-Oct-12 17:17:57

OK, OK, yes, this should be in SN or SEN, but AIBU gets far more traffic

DS has been given a note in Lieu, not a statement.

What does that mean? As far as I can see, bugger all...

RuleBritannia Thu 11-Oct-12 17:33:38

'in lieu' means 'instead of'.

For instance, here is an IOU instead of cash.
Or have a day's pay in lieu of a day's holiday.

onceortwice Thu 11-Oct-12 18:43:08

But a statement is a legal requirement for the school to provide the support he needs.

The note in Lieu tells me all the things he needs but makes no provision for it at all. There is no legal entitlement for me to demand he gets it or legal obligation for the school to provide it.

So, we are pretty much nowhere.

monkeysbignuts Thu 11-Oct-12 18:44:55

How old is he?
are they re assessing at a later point?

Goldmandra Thu 11-Oct-12 18:46:38

That pretty much sums it up sad

Have they given a reason for not issuing a statement?

Do you feel it would be appropriate to appeal?

LittleprincessinGOLDrocks Thu 11-Oct-12 18:47:15

The above explains what they are. HTH

Catsdontcare Thu 11-Oct-12 18:48:30

From what I know it's pretty much the same as school action plus. I guess the next step would be to appeal.

MisForMumNotMaid Thu 11-Oct-12 18:48:45

On the note they're ment to say the reasons that they feel a statement would not benefit. They are also ment to provide details of appeal process and the support organisation who can talk you through all this. Actually I've just learnt that should happen at the point an application for assessment for statement happens.

onceortwice Thu 11-Oct-12 21:08:15

There are no reasons given as to why a Statement isn't required.

The school have pushed and pushed not to have a statement given, because they can't afford it. I know my son is already being excluded from activities (or being allowed to 'play' when he doesn't wish to do the work). so what I have is no statement and free child care. Brilliant.

I won't appeal. I will take him out.

Goldmandra Thu 11-Oct-12 23:15:55

Take him out as in Home Educate?

Lougle Thu 11-Oct-12 23:42:56

The note in lieu tells you and the school:

a) why a statement is not being issued
b) what your child's assessed needs are
c) what provision he needs to meet these needs

They are of the opinion that he has significant needs (hence the agreement to assess) but that the school can meet those needs from within their own resources.

If the school refuses to do so, you can request a reassessment. Then, they can either issue a statement, or they can put the provision in place and bill the school's budget.

notactuallyme Thu 11-Oct-12 23:46:31

You'd have to wait 6 mths to request a reassessment. You can appeal within two months of the decision not tto issue a statement.

amistillsexy Thu 11-Oct-12 23:54:44

They are stalling. The sen green paper will change everything. If they offer a statement now they'll have to include your ds in the single plan assessments and provision come 2014. If he has no statement, they'll only need to offer the minimum amount of support to the school.
I think we're going to see much more of this as time goes on. Out of interest, what's yr ds's diagnosis? Does he have asd by any chance?

onceortwice Fri 12-Oct-12 06:47:43

yes, DX is High functioning autism.

And, yes, I think HE is the only sensible way forward.

CouthyMowWearingOrange Fri 12-Oct-12 06:53:41

At least try to appeal. Will you HE at Secondary age? If not, then you NEED to appeal this decision now, as it will be needed before they change it all in 2014.

amistillsexy Fri 12-Oct-12 09:21:18

I agree with CouthyMow. From what I've read, it is our children (My DS1 has HF ASD as well) who will be left out in the cold when 2014 comes around.

I've heard of more and more of this type of thing happening recently. IMO, LAs know that once the legislation changes, we'll have fewer rights of appeal, and they will not be required to give children like ours a single plan.

Our Parent Forum is working alongside the LA to ensure that the local offer doesn't exclude children with HF ASD, but it will be a local agreement, I think. So far, they have agreed that any child with an existing statement will be moved across to the new single assessment plan when the time comes. However, we have still had accounts of refusal to assess, and Notes in Lieu (which our LA hardly ever used to give).

Do you have a local Parent Forum, OP? They should know what is happening in your locality. Contact A Family should be able to put you in touch if needs be. Please don't give up on this.

HE is an option, but it could be very stressful for all concerned. It's not for nothing that you're going for a Statement- our children need a lot of input and tailored work programmes. It's hard. I HEdded for a short while when one school was excluding too often, and I wanted to find a school that could cope. Now we have a great school, and a good strong statement and life is so much better. Just keep pushing against those doors, and speak to everyone you can . Keep up the pressure on them to find the solutions.

amistillsexy Fri 12-Oct-12 09:23:11

How old is your DS?
What difficulties is he having at school?
Are they excluding him?
What do they think about the need for a statement? Are they on your side?

onceortwice Fri 12-Oct-12 11:25:26

THanks for your replies.

DS is 4.
As far as I can see, he is not accessing any parts of the curriculum, he is just attending.
Everyone agrees that he needs help. Sadly, the school he is at is over capacity (bulge classes in reception and nursery) so they are very keen for me not to legally demand extra support for him.

amistillsexy Fri 12-Oct-12 17:33:43

I'm surprised at that, to be honest. If they are bulging, then I would have thought they would want extra support even more, since it means that the member of staff who currently spends a disproportionate amount of time with your DS can be released to spend time with others.

If a Statement were to be issued, then the cost of any extra support that the statement requires will be covered by the LA, won't it?

onceortwice Fri 12-Oct-12 17:38:19

No, the statement gives me the legal entitlement to insist he gets the help, but the help has to be funded from the school. It doesn't attract extra funding. So the school were very keen not to have to provide it.

What they have got is that they can provide 'an education' for my DS but that will 'differentiate' from the EY curriculum... so... er... free childcare.

amistillsexy Fri 12-Oct-12 17:50:51

I was surprised to read what you wrote there, as in our authority, the LA give funding to the school to allow them to offer the suipport the Statement offers.

Then I did a quick Google and I found this...

Has increased SEN delegated funding led to fewer statements?

Roger Inman looks at the friction between the law and new ways of providing for learning difficulties in the mainstream

The law on assessment and statementing has changed very little since 1981. Local authorities (LAs) should identify, assess and, where necessary, provide statements for pupils with the most severe learning difficulties.

The theory
Once a statement has been issued, the LA has a clear and non-delegable duty under the Education Act 1996 to arrange the provision in that statement — even if the pupil's school fails to do so. Parents have a right to be involved in arrangement of provision, and LAs have the chief responsibility for dialogue with parents over the entitlement.

The reality
But many schools have seen LAs introduce extensions to their schemes for delegating SEN funding and responsibilities. These schemes:
•aim to delegate as much of the SEN budget to schools as possible to give schools more flexibility in making SEN provision
•result in fewer statements and less detail on provision in the statements that do exist
•shift responsibility for managing parental expectations to schools. In practice parents lose their rights to dialogue with LAs, and appeal to the special educational needs and disability tribunal (SENDIST)

There has also been a decrease in special school places, so that maintained schools admit more children with more severe SEN, and see fewer statements.

I suppose you are in one of those authorities that are playing fast and loose with the budget sad.

Have you been in touch with SOS!SEN, or even your local Parent Partnership?

onceortwice Fri 12-Oct-12 19:37:46

No, I don't intend to contest it or to try and fight the school (which is very much what I would be doing).

I will remove him and home educate him in a way both DS and I find acceptable.

And I will, once again, in this whole sorry sage of trying to get a diagnosis and support, be thankful that I've been able to, and continue to be able to, chuck a bit of money at the problems.

Without that, I really don't know where we'd be. I do, often, feel a bit sorry for myself and for DS, but then I think... I'm as lucky as f**k not to have to work and be able to consider HE so easily. It could so easily be so much worse.

onceortwice Fri 12-Oct-12 19:38:18

saga... not sage!!!!

amistillsexy Fri 12-Oct-12 19:52:08

sad I took my son away from our local school when I found out he spent most of his days sitting under the table or trying to run away, so I know just how you are feeling.

I found HE very, very hard, though. I used to be a Primary Teacher, so I thought it would be fine, but I couldn't manage the cross over at all. The truth is, my DS doesn't easily access the curriculum (no matter what the curriculum is!), and it is very difficult too engage him.

Finding a school that is skilled in presenting things in alternative ways, and have outcome-based, personalised planning systems in place has made all the difference for us.

I know we're very, very fortunate.

OP, are you in reciept of any support that you can use at home? Do you have Direct Payments or a Short Break Package? If you are HEdding, it might help to have at least a morning a week 'off duty'.

onceortwice Fri 12-Oct-12 20:18:03

Thankyou Amistillsexy

DS needs to experience stuff, not sit in a classroom listening to it. It's just the way he is. He (to the amazement of the demonstrator!) effectively explained viscosity and gravity to two older girls at the science museum last weekend. He just doesn't access the curriculum the way most children would be expected to.

We will get some help in for things he finds especially tough (I'm thinking hand writing!) as I think it will hlep us all if (i) he doesn't associate us with the terribleness which is writing and (ii) whoever has to deal with it gets to go home and sit in a dark room with wine afterwards and chill!

We will probably look at a nanny for some fun stuff too (and a break)

As I said, in the grand scheme of things, we are so ruddy lucky.

How are you finding HE now? Right now, I just don't see another way. The only thing DS says about schools is that boys are naughty to him and fight him sad And a friend of my DSD1 was there today and said he really was struggling with it.

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