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And now tears, the LEA have broke me

(20 Posts)
asdx2 Wed 06-Jul-11 18:19:08

Frustration, sadness I don't know why but I got a letter today (exactly a month after the letter informing me that the LEA wouldn't be amending the statement) informing me they intend to amend parts two three and four because the unit isn't a post 16 placement and they intend to name the mainstream part of the school instead.

They invite me (if I don't want the school to be named) to express a preference and have sent me a booklet of all maintained and approved non maintained schools

So they want me to agree a school without seeing the amended statement that they intend to amend without any reassessment anyway and that only a month ago they declared was appropriate to ds's needs.

So we are back to the same position we were after the AR eight months ago

Sent the letter to solicitor, the LGO, the tribunal service and the school.

Off to slit my wrists I think (no not really) will be sending dh for a multipack of Walkers S&V instead (my comfort food)

You have to question how in the space of a month with no reassessment or any further evidence ds's statement went from being wholly appropriate and not needing amending to being in need of amendments to parts 2,3 and 4.

How last month the Unit was a post 16 provision even though it clearly isn't and now they seem to have realised that it isn't.

The tribunal papers that went in were because of the failure to amend a statement and now I'll need to re submit to appeal the whole statement when we don't even have a date yet and we still don't have a statement.

I have fifteen days to request a school other than the one they want to name and then what are they going to do? Spend the next four months having repeated panel meetings as they already have done or will they need to wait for the amended statement to do that?

They have me over a barrel whichever way you look at it.

I truly believe there should be financial penalties and parents should be awarded costs and compensation when they don't meet the deadlines so as to ensure their compliance.

Triggles Wed 06-Jul-11 19:12:57

asdx2 - god, I can't believe they are doing this!! It's insane!! I agree, there should be financial penalties to hold them accountable. It's ridiculous!!

And I'm sitting here eating prawn cocktail shells (my comfort food) as it's been a hellish day and evening here as well. <crunch crunch>

Triggles Wed 06-Jul-11 19:17:57

which leads me to.... CAN they do that? is what they're doing even legal?? It kind of seems like they're doing something a bit underhanded.... hmm but I don't know all the ins and outs of the statement, as ours was pretty straightforward.

Starchart Wed 06-Jul-11 19:23:25

asdx. God almighty. You're being treated like shit, for sure.

You know this sounds like a JR kind of situation and you can get legal aid in the name of your child for it.

But you can't do it now. Just keep and document as much as you can for your revenge - later.

You CAN get compensation that way, but you do have to prove financial loss really. However, your solicitor should be able to help you with that.

Don't despair. There could be a way out of this mess that you don't yet know about yet. It just looks bleak because you don't have all the information.

Also, talk to your solicitor about how to approach the chosing of schools. You might need some delaying tactics (Always possible) and I know you want to see the end, but taking time now might give you a better outcome overall.

I'm hearing one shit story after the next on this board so don't feel alone but you haven't given up yet and you won't. You're an inspiration to many of us here and we're watching you and how dignified and stable you are in your handling of situations which are torcherous.

And you know what too? We are all behind you every step. Take some time to digest what has happened. Have at least one night off at the cinema or something in the next fortnight and just get down to business, beavering away as you need to.

I am so so sorry though.

asdx2 Wed 06-Jul-11 19:42:44

Thank you, the solicitor is already pressing for JR because of failure to issue a phase transfer amended statement I think that is what has prompted the LEA to capitulate in the space of a month.
The papers went in to appeal the refusal to issue an amended statement and therefore naming a provision that doesn't exist we were hoping for a second tier hearing because of this.
I'll now have to withdraw that one and resubmit once I have an amended statement which on LA's present form could take months.
You know what ? They really twisted the knife this time by sending me the booklet of approved non maintained schools with the letter should I wish to request one. The only reason I am going through this is because I requested an Independent school at the AR and sent them my reasons why.

Starchart Wed 06-Jul-11 19:48:20

Honestly, You don't think you can handle it but you will, and it's a frightening experience but honestly, it was going to be messy whichever way it went.

It's just a complication, it isn't the grand finale. It means more work for you, and more stress and worry about getting things right but then that is the crap we all face. What you do and request in the end WILL be the right decision, because you are the only one who cares enough to put the thought into it that is required.

Please don't buckle now. You're getting there, but the road isn't straight.

tiredoffightingwithjelly Wed 06-Jul-11 19:51:16

This is really crappy, good luck with this asdx2, I'm sorry that you are having such a difficult time - transitions are a nightmare which are handled really badly in my LA too, my 18 year old is about to start action in relation to his college which have failed to meet his needs following the mess made of his transition planning in our LA. Hopefully if the group gets set up, transitions will be an area which is looked at.

asdx2 Wed 06-Jul-11 19:56:23

I'm not going to give up I'm going to fight and when I've won I'm going to sue for educational negligence.The bastards will rue the day they crossed me I'll make sure of this.

Agnesdipesto Wed 06-Jul-11 20:35:37

is there any way you can amend the current appeal or join the new one to the current one so you dont have to start again or agree to the current appeal being conceded only if the new statement is issued within x days of you naming the school - ie get the tribunal judge to make an order with a date when the amended statement must be issued before your current appeal is finished - are you naming the indep school?

loads of people seem to be having delays after AR it looks like a new tactic
Alert SOSSEN and IPSEA and say you think this is part of a trend

Also Ombudsman once you have done the complaint to council bit

If bodies see a trend happening then there is a chance of stopping it

Agnesdipesto Wed 06-Jul-11 20:44:09

Also just thinking can you ask for costs in the current appeal they are conceding?? I think you can apply for costs within 14 days of the decision - ask your solicitor
Maybe a wasted costs order will get their minds focussed?

TheTimeTravellersWife Wed 06-Jul-11 20:48:45

What a crap way to treat children and parents! I suggested awards of costs against LAs in my Green Paper response; financial sanctions against LAs are so badly needed; at the moment it costs parents so much to appeal and the LA sit there in their ivory towers with fully staffed legal departments!
It is another battle in one long war; I realise that now..

asdx2 Wed 06-Jul-11 20:50:59

I'm still awaiting solicitor's advice but needless to say I won't be withdrawing the current one until I have the amended statement. Solicitor is pushing for an expedited hearing to the second tier because of the LEA's actions and how they are currently performing I might not get an amended statement for months.( I don't have dd's either from her AR in May and that was very straightforward)

Yes naming independent school. Do you think that there is even the remotest possibility if I re submit my request for independent as they ask they could agree to save face. They should be feeling the heat with solicitor pushing for JR, appeal in to Tribunal and complaint gone to LGO.

They are aware I have everything documented, they may be aware that ds's current provision which is also the school LEA wish to be named on the amended statement have called in their own legal team because the unit isn't post 16 provision and they may soon be aware that the school have sent damning and documented evidence to my solicitor to support my case for JR and Tribunal.

I know this is probably wishful thinking but we can dream can't we? grin

tiredoffightingwithjelly Wed 06-Jul-11 21:03:35

Sounds positive that the school have sent in damning evidence, glad they are supporting you.

asdx2 Wed 06-Jul-11 21:17:00

I couldn't ask for more from the school tbh they have documented ds's deterioration, the ed psych's recommendation for specialist provision, the LIO's acknowledgement that there isn't a maintained provision in the LA that could meet ds's needs, the statutory notice outlining the very specific remit of the unit and evidence that ds has been receiving way beyond the remit and needs even more to continue.
I think I have discovered just where there is an advantage to having an SEN child in an academy school and that is when push comes to shove the school have no loyalty or fear of LEA wrath and so act purely in their own interests which may be in support of the parents grin

Starchart Wed 06-Jul-11 21:21:28

brilliant asdx. If you need your child to fail, stick them in an Academy for a year!

LOL.

tiredoffightingwithjelly Wed 06-Jul-11 21:22:11

This is great asdx2 at least you are not completely alone as you would be in a non academy school, good luck grin have just learnt to use square brackets and am thrilled smile will look daft if it doesn't work though but will blame my oldest son who has just shown me how!

tiredoffightingwithjelly Wed 06-Jul-11 21:25:56

OOps looks like I might have got the wrong end of the stick given Star's post....... sorry asdx2 I thought you were saying that the academy had been helpful, didn't realise they had failed your son for the last year blush think it's time to give up on this posting lark and go back to just lurking!

EllenJaneisnotmyname Wed 06-Jul-11 21:26:17

Just seen this asdx2. So sorry, they are just piling crap on top of crap. I'm still hoping you get the independent school, and sooner rather than later.

asdx2 Wed 06-Jul-11 21:40:36

tired no you've got it right. Ds didn't fail because it was an academy school he failed because his mental health suffered because he can no longer cope with a mainstream curriculum. The support he has had has always been outstanding and without it he wouldn't have been in school at all for the last 9 months.
I think what Star meant was that if your ultimate goal was an independent school then an academy school for a year would be an option so as to get the evidence you need.

tiredoffightingwithjelly Wed 06-Jul-11 21:59:12

Ok thanks for the clarification asdx 2 smile

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