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Groundhog day

(17 Posts)
bochead Thu 25-Oct-12 12:08:36

I've just had bad news today that means I'm also certainly about to jump back on the blame the Mum & give child no support merry go round at the DS's annual review next month. DS's current support package was only given VERY grudgingly via order of Tribunal and the LA made no secret of their resentment about this.

DS does not have a clear ASD diagnosis after all apparently sad - which means my LA are gonna try and wipe the floor with me at his annual review next month.sad. (Local politics will dictate this as my LA basically loathe my very existence.)

I now have to decide whether to go down the Tribunal route again OR whether or not to pull him out the environment where he is FINALLY happy but won't cope in without support and home ed before it all goes rotten on me once more. It feels like ground hog day.

Does anyone know if you appeal after a statement review whether the existing support HAS to remain in place until the hearing? I'm desperately hoping I can use this as a sneaky tactic to give us the breathing space needed to sell up and relocate.

p.s A large part of me sees no point in attending the AR at all - as I have no desire to sit there for an hour being slagged off. I've attended one too many multi-disciplinary kick the Boc sessions with foregone conclusions already in place to the detriment of my child. Please give me the kick up the arse I need to face the AR.

Veritate Thu 25-Oct-12 12:50:41

If the LA decision after the AR is not to amend the statement, then if you are appealing the statement remains in place and everything in it has to be provided. If they decide to amend the statement, they have to go down the route of providing a proposed amended statement and consulting you on it. Provision then stays in place till the amended statement is finalised, but once it is, that is all that the LA has to provide. You can always ask that it stay in place but I assume we can all guess what the response would be.

How long ago was the last appeal? If the LA is amending too quickly there might be a case for arguing against that on the basis that they shouldn't be using the AR process to try to get round the tribunal decision.

bochead Thu 25-Oct-12 14:06:44

November last year sad

They have "form" for waiting till 1st annual review and then slashing support based upon my anecdotal evidence from other parents.

So they amend statement, & issue finalised version with significantly reduced support. I then have to go back to Tribunal to get it upgraded once more?

Fook that for a pound and sixpence.

babiki Thu 25-Oct-12 14:13:37

Oh shit I'm so sorry sad

StarlightMcKenzie Thu 25-Oct-12 15:57:23

Veritate, are you sure? That's not how I understood the right of appeal for an ammended statement.

bialystockandbloom Thu 25-Oct-12 16:59:25

Who has said that ds doesn't have a clear dx?

The thing is also to remember that a statement should be based on need, not dx. Yes right, ha ha. But you are in a position where, because he has a statement, the school/LA have to argue completely convincingly that his needs have suddenly, miraculously disappeared along with a dx.

What does school say his needs are?

bjkmummy Thu 25-Oct-12 17:13:19

i understood it that if you appeal they have to keep the support in place until the next tribunal is heard

StarlightMcKenzie Thu 25-Oct-12 17:16:06

Yes, that's what I understood too bjk, but the trouble is, the right of appeal after AR is fairly new, so not sure if the law has bedded down yet.

bjkmummy Thu 25-Oct-12 17:19:00

may need to get the code of practice out and have a read but like you say appealing after AR is fairly new concept. i think a phone call to ipsea / sos sen maybe a good idea.

bjkmummy Thu 25-Oct-12 17:25:17

found it - 8:120 - provision must be maintained if parents lodge an appeal to the SEN tribunal until after the tribunal makes a decision

Veritate Fri 26-Oct-12 00:42:30

bjkmummy, that paragraph relates only to appeals after a decision to cease to maintain a statement.

Not sure if my earlier post was unclear. If the LA refuses to amend the statement, then the provisions of the current statement remain in force until the tribunal makes its order. If it decides to amend the statement, then the provision in the amended statement comes into force again until the tribunal makes its decision. That's always been the position with amended statements, and the fact that the amendment comes after annual review wouldn't change that. After all, if they were improving provision you would want that in place immediately, wouldn't you?

Bochead, if the last appeal was only 11 months ago then the LA is going to have to go some to say that your child has improved so much that it justifies cutting down the statement support radically, and the mere fact that the diagnosis has a different label on it shouldn't change that. If you had to go back to tribunal I assume you would ensure that the previous decision was filed, and the new panel wouldn't be too impressed that the LA is ignoring the first one's rulings. I suggest you point that out forcibly to the LA if they show signs of taking support away.

bochead Fri 26-Oct-12 00:55:55

He is like a totally different child nowadays. That's because he has the scaffolding needed to learn in what now feels to him like a safe supporting environment at last.

So given taking into account average timescales to get to Tribunal, we'll get to the end of the school year before they can pull the rug from under him right?

I can live with that, as it gives the me the space needed to come up with a plan B (Tribunal win never guaranteed, no matter how water tight you THINK your case is iyswim).

I was really panicking earlier. Thank you so much all of you !!!!!

coff33pot Fri 26-Oct-12 01:01:57

oh ffs bochead sad angryhmmconfused (dont know which one to put!

I thought this was all done and dusted for you. Sorry to read you and ds have yet more grief to attend to.

How come DS dx is not so clear cut now? who has told you this?

Other posters are right though a dx or not a statement is based on need.

Have things improved for him operating this present statement? how is his education doing is he coping. If so you can use that at the meeting to insist it stays put and if its withdrawn then ds could suffer the consequences of that (I know you know that but the school may need a little reminder)

coff33pot Fri 26-Oct-12 01:04:23

Sorry X posted boch. Just read how happy he is.

Keep all the positive reports sent home as evidence of how everything has improved.

I will give you a kick and then you can pass it on to the LA.

Veritate Fri 26-Oct-12 01:12:29

Bochead, if they decide to amend the statement they will have to produce a proposed amended version and will have to consult you about that before they finalise it. In theory they could move at unprecedented speed and amend it quickly, but even if they did I guess you could spin it out a bit by asking for a meeting etc. So with luck you could take it at least to the end of the year.

Evil thought - perhaps you could suggest to them that amending the statement so quickly would be contempt of court or whatever the equivalent is with tribunals? No idea whether that's so, but perhaps it would put the frighteners on them and at least make them think a bit?

StarlightMcKenzie Fri 26-Oct-12 08:46:57

Coukd you also have an urgent childcare problem/illness in the family etc. that coukd push back the AR date?

StarlightMcKenzie Fri 26-Oct-12 08:47:55

Surely the current statement is based on the same child and the same need as 11 months ago regardless of Dx or lack of.

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