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Timescales for amending statement

(5 Posts)
badgerparade Sun 18-Nov-12 09:54:08

Can anyone advise if this is reasonable or not please.
1st sm issued Oct 2010, moved counties Sep 2011 so no annual review held but sm changed to name the other county in April 2012. Emergency review requested May 2012 (meeting held July). Sm amended in August for increased hours only as school would not take child full time if the funding was not available. Still awaiting amendments to Parts 2 & 3 because, after a year, the needs are still not known. Transfer to high school is next year. Was told it would be ready by Oct and now end of November. Am I better off just telling them to amend and finalise immediately so I can lodge tribunal papers?

bjkmummy Sun 18-Nov-12 10:10:47

in a nutshell yes. i had an emergency review in may, my lea didnt even do a propses moved to finalise it 8 weeks after emergency review so july, then lodged papers in sept and tribunal in feb. as it stands now you are looking at april at least for tribunal although if its for secondary you may be able to expedite. im also confused that they have amended hours but not the other parts - they have 8 weeks from prposed to finalise - how long has this been? if you feel they are not goingt o put in your amendments then yes push for the finalised statement so you can move this forward

AgnesDiPesto Sun 18-Nov-12 10:15:45

Yes and make a formal complaint about delay so you can take it to local government ombudsman if they don't give you a final statement quickly.

Not sure how they would explain to ombudsman how they changed the hours in Aug but nothing else given part 4 is supposed to flow from part 3 and part 3 from part 2.

Sometimes just threatening to go to ombudsman is enough as they don't want the hassle of a formal complaint process so I would tell them to finalise by say 10 working days or you will complain to ombudsman. At same time just fill in the online complaint form on the council website so if you do have to go to LGO the complaint process has started.

bjkmummy Sun 18-Nov-12 11:37:02

Agnes - I love you! You've just given me more ammunition to use for my lgo complaint at the end of this. My LA refused to amend parts 2 and 3 but upped his hours from 20 to 32.5 but maintained that there was no evidence his needs had changed so didn't need a new school. Thisnis the part I got confused about as to why if no evidence did they up his hours? I forgot that of course part 2 and part 3 come first then part 4. They amended nothing in part 2 or 3 except to put in access to outreach which was wushu washy to say the least. I was going to go to the LGO at the end to argue that the delays have meant that 6 months on he is part time at a school that cannot meet his needs and not getting any OT therapy. Their OT report matches ours - can now also use the lack of amending part 2 and 3 to tie in with that.

OP - if you do get it finalised and head to tribunal remember to get all of the LA files - you find some very interesting info. Although missing fro. Mine was minutes re these meeting when they make these decisions so I've asked for them specifically and if they don't release them by friday I am going to get the tribunal to order their release

badgerparade Sun 18-Nov-12 15:20:44

Thanks. I already have an ongoing (now stage 2) complaint about failure to provide a full time education as well as supply the provision in Part 3 of the statement and am seeing an independent investigator shortly. When he asks if it has all been sorted I shall have plenty to say.
Agnes - agree about Parts 2 & 3. They are trying to push us to agree to a totally unsuitable school when they don't even know what his needs are so how on earth can they say it will meet them?!! Mind you, I was told early on that any mainstream school would be able to meet the requirements of the statement hmm. I do hope they are not thinking that I was born yesterday or have MUG stamped on my forehead smile.
I know that I have lots of useful ammo for tribunal which must be why they said that they didn't want to go there.

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