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Arrggh statement: do we try and negotiate or just go for appeal?(9 Posts)
Sorry, I expect many of you are sick of seeing threads from me about statements/tribunals. But please can I call on the MNSN wisdom again?
The latest is that the first proposed statement has now been amended to give ds 25 hours 1:1 a week (originally was 15). None of the other significant amendments we asked for have been included - most importantly, ABA-trained or at the very least, appropriately trained, experienced TA/LSA. Plus the rest of the statement is still pretty unspecified ("access to", "opportunities to" kind of stuff).
The LEA took 7 weeks to get the amended statement back to us after our first comments. They are now hassling us to get the Agree/Disagree form back and get it finalised, probably because the school we preferred have finally come back and said they can take him, so they want to get the ball rolling. They told us the school decision on Friday and, funnily enough, have been amazingly proactive since then in phoning/emailing now that they want our forms back asap
The school option isn't the most important thing about the statement, but it is obv a difficult time as ds is due to start school in September so we want to plan transition asap.
So, we have the choice of either trying to continue to negotiate to get what we want without tribunal; or accept the statement as final, and then put in an appeal.
This means ds would start Reception in September on the existing statement, and (unless the school agrees to us sending a tutor in ourselves) possibly without ABA support - which terrifies me.
Or, if we continue to try and negotiate, this takes us into the summer holidays. And of course if they havne't taken most of our comments on board the first time, what are the chances of them doing so this time?
If your not happy with statement I would go to tribunal. You can still try to negoiate with LA while you are waiting for the tribunal. It sounds like they are trying to rush the statement through without making sure everything is on. If it isnt wrote on the statement the help may not be given. Sometimes the LA will become more helpful just because they know you are prepared to go to tribunal.
Put in your application for tribunal by the deadline. You can still negotiate & render a hearing uneccesary, but miss that deadline & you are stuffed.
Leas can be sneaky so don't rely on anything verbal.
Even the 25 hours might not actually happen unless the wording is clear. No 'LA will provide funding for 25 hours TA', you need 'DS will receive 25 hours of 1:1 and small group trained TA support.' etc. (with training specified) It does sound like they are trying to rush it through while they know you are keen to get it sorted for Sept. It needs to be right.
Or you do what we are doing and put in the appeal ASAP for a hearing in December to have him in school with his ABA in Jan when he is legally obliged to be there.
In the meantime you can put him into 'childcare' with his 1:1 support. Make sure you pay for it so it isn't the free state hours and it won't affect the placement.
Will be just going for the appeal we think, no more arsing about wasting time trying to negotiate any more.
We have the Agree/Disagree form to send back. The options are:
1. we agree with the statement, please finalise
2. we disagree, here are our comments
3. we disagree, we would like a meeting.
If we're not going to bother trying to negotiate, should we just go ahead and tick box 1?
We are in a similar position only at the transition between primary and secondary. It was made clear to us that the LA would not be prepared to make any further changes without further evidence at this stage, so we have decided against a meeting because the only purpose it would serve would be for them to explain why they won't budge and waste more time. We have asked them to finalise and we will appeal. There will be plenty of time for negotiation once they pass the papers to their legal folk and if they still won't budge, then a tribunal will have to make the decisions.
Yes. We disagree, please finalise. We would like you to know that we are very much open to further discussion on this, however we are disappointed in our unsuccessful attempts so far and thus require the statement to be finalised so we can begin the appeal and not lose any time in ds receiving the provision we have evdience that he needs.
Something like that....
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