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So to head off a Judicial Review

(5 Posts)
asdx2 Mon 13-Jun-11 11:13:15

The LEA issued an amended statement of SEN naming his current provision for post 16. BUT his current provision is an 11 to 16 placement by their own admission.
So will I have to still proceed to Tribunal or because the placement named isn't a post 16 provision could we proceed to Judicial Review anyway because naming a placement that doesn't exist surely means the amended statement is worthlessconfused
Any thoughts appreciated.

prh47bridge Mon 13-Jun-11 11:29:17

Have they ignored your own preference as to the school to be named?

I would strongly recommend going to SENDIST first. They are independent and a referral to SENDIST is free regardless of whether you win or lose. A judicial review is likely to end up costing you money even if you win and could cost you quite a lot if you lose as you may then have to pay the LA's costs.

asdx2 Mon 13-Jun-11 11:40:59

Yes they have ignored my preference and his current provision's advice that they would be unable to meet his needs. At a meeting to discuss post 16 the Local Inclusion Officer stated ds would need alternative provision, their Ed Psych stated he needed alternative provision and ds's psychiatrist stated that his current placement was having a seriously detrimental effect on his health and well being.
It is complicated in so far as the Autism unit is attached to a mainstream secondary so technically there is a provision for post 16. But ds's statement names the unit and the admission criteria states it is an 11 to 16 provision.
So ds has a statement naming a placement that doesn't exist without a curriculum because he couldn't access the post 16 AS/A2 curriculum and without a peer group.
Ds has qualified for Legal Aid in his own right so was wondering if it went to Judicial Review the LEA would be forced to name a suitable provision (preferably the one I wanted) quicker than going down the Tribunal route.
Thank you for your thoughts.

prh47bridge Mon 13-Jun-11 12:28:44

I would generally expect SENDIST to be quicker than judicial review.

asdx2 Mon 13-Jun-11 12:36:44

I've printed the forms off now so will get them filled in and sent back today. I've also managed to speak to IPSEA (been trying for days) who advise the same although suggest looking into Judicial Review afterwards because of the LEA's actions/inaction.
Thank you once again.

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