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LA - are they trying to put us off?

(9 Posts)
kmummy Thu 10-Jan-13 16:56:06

DS has classic Autism and they class his social and communication as severe. The application for statement was sent in and I received a call today saying a letter will be sent out to us as to wether we agree to the application and also our own input about DS. On the phone she said they have six weeks to decide if they will proceed with the assessment and its likely they will agree to wait a year to see 'how he goes'. She also advised they can decide which school he goes to we can only say where we would like, and that they automatically put them the closest school to our catchment area (older DS's go to a totally different school to this and we want DS to attend the same one as them).

bochead Thu 10-Jan-13 17:03:07

Yup classic fob off!

Do take a look at the IPSEA website as it explains very clearly the legal stages of the statement process and what your rights at each stage are. I've found it to be a godsend.

Ilisten2theradio Thu 10-Jan-13 17:30:11

Read up as Bochead suggests on the IPSEA website. Know your rights under the law and let the LEA know that you know them.

lovethesun1 Thu 10-Jan-13 18:21:21

Yep,fob off. Do not be put off if you do go on to receive a refusal to assess. We got this then once we showed we weren't going to just accept that,they backed down within a week. I hate this attitude of 'let's really let the child sink for a year or so,then re-assess'. Stay strong smile

AgnesDiPesto Thu 10-Jan-13 18:28:18

If not going to give you a statement they have no more right to tell you which school to put your child in than anyone else. Its only if they give you a statement with funding that they can argue one placement is better use of resources than another.

Without a statement the application process for school is exactly the same as for any other child.

And yes just appeal the decision its a classic fob off
And follow up the call with an email or letter 'confirming' the advice she gave.
Once they know you will write misleading advice down and it will appear in a tribunal bundle they may start to 1. give more accurate advice; 2. realise you will not go away quietly.

Self refer to the LA Ed Psych if you haven't already. You are entitled to refer your child yourself. It will save time later.

From now on write down everything, keep a diary or chronology, you never know when it might come in useful.

Cheeseswept Thu 10-Jan-13 18:55:11

Yes 'tis all bollocks. We were also told that ds had to go nearest ms or if it was anything further we would have to provide transport. Just had independent out of county residential agreed with no fight or tribunal grin.
Just stand your ground and be prepared for a battle .

kmummy Thu 10-Jan-13 20:02:53

Thanks. I'm feeling way out of my depth - the Ed phy has already seen him and recommended a need for a statement. All current assessment puts him at just under two and he will be four in eight weeks.

mariammama Thu 10-Jan-13 20:10:48

Since he hasn't got a statement yet, make sure you apply for your preferred school in the normal way. Which means this week before the dealine.

Otherwise, if he doesnt get statement, they have no legal responsibility to give him a place till after the 5th birthday, and then its the nearest school with one available (and in lots of areas reception classes are full to bursting, so anyone applying late ends up without a place for months on end, and/or travelling miles in the opposite direction to their big kids' school)

kmummy Thu 10-Jan-13 20:12:45

I've applied the normal way already, thanks for the nudge though smile

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