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time limit for reply from lea about not agreeing to proposed statement

(17 Posts)
armani Mon 21-Oct-13 10:14:08

I recieved dds proposed statement 2 weeks ago. It wasn't worth the paper it was printed on so I wrote back straight away asking for more info to be included and for it to be written in accordance with the law. I phoned to check they recieved my response but have since heard nothing sad
does anyone know how long they have to reply? It seems like they are dragging it out for as long as possible.

StarlightMcKenzie Mon 21-Oct-13 10:22:54

They are waiting until the very end of the statutory timescales (why would they fund anything one minute before they have to) as once the statement is finalised they have to get on with it.

It would do you well to find that date and have your appeal ready and written by then so you can send it off the day you get the statement.

You may be able to rewrite bits of the appeal if some of the things you need in the statement are written in it, but I doubt they will be. Proposed statements don't change much before they are finalised tbh.

armani Mon 21-Oct-13 10:27:58

Thankyou starlight. The date that I requested SA was 6th June so they still have around 6 weeks left. sad
Thanks for the info about the appeal, do you have any idea where I can get some info and who I write to? thanks

StarlightMcKenzie Mon 21-Oct-13 10:32:59

IPSEA website is a good source of advice and support though I think you'll actually have to download the forms from SENDIST.

I'd do that asap because though you can't appeal yet, if you are familiar with the forms it becomes less of a dread and also less of a shock and depression-inducing when the final statement arrives and is blimmin awful.

The thought can be daunting enough but less so if you have already begun to formulate your plan iyswim.

armani Mon 21-Oct-13 10:37:30

great thankyou. I have reports from lea ep, pead, salt and ot but the statement does not include the most important recomendations from thrir reports! Also salt and ot is named in parts 5 and 6.sad
can I use the lea reports or should I get my own independant reports done?
sorry for all of the questions blush

TOWIELA Mon 21-Oct-13 10:43:18

The LA have 8 weeks from the date of the Proposed Statement to finalise it. So work out what that date is, and that's when you are likely to hear from them.

There is clear case law that SALT and OT has to be in part 3 and is an educational need.

You might have to get your own independent reports done but you will need to time them so that the reports are still within shelf-life for any potential Tribunal (they typically have a shelf-life of about 6 months)

armani Mon 21-Oct-13 10:47:21

Thanks towiela. So will the LEA reports not be any good for tribunal then as most likely they will be over 6 months old by the time we actually get to tribunal, due to the statutory timescale of SA and the wait for tribunal.
Looks like I need to get saving dds dla then, which is a shame as at the moment it is topping up her Salt.

AttilaTheMeerkat Mon 21-Oct-13 10:47:24

SALT should be in Part 2 as well as 3.

I would write up the appeal to SENDIST asap.

StarlightMcKenzie Mon 21-Oct-13 11:10:42

Find a good EP and then book this person for in about 5 months time. You don't have to pay now and they are used to being cancelled.

Again, do this now so you have a plan and aren't daunted by everything as soon as you receive the final statement and are parachuted into panic.

If you like you can do the same for SALT and OT just in case you decide that one or both of them are essential also, and you can cancel them usually up to a month without paying anything.

Most have a clause that say you must pay if you cancel within a month of the date you have booked them but ime, most of them waive this on the basis that the good ones can almost always fill the slot at short notice.

Get it all set up know while you are wringing your hands as it will give you something to do and mean you are ready to go with no delay should you need to.

TOWIELA Mon 21-Oct-13 11:48:51

Don't worry about the LA reports - that's their problem, not yours. It is highly likely the LA will do their own assessments again shortly before tribunal but these will not be written in your child's favour

Yes good experts will not charge you if you have to cancel. Because the LA's case was so weak and they had acted so appallingly my indie EP agreed that she would only charge for work done but not the actual tribunal even if the hearing was called off the night before.

armani Mon 21-Oct-13 14:32:44

fab thankyou for all of the great advice. I will download the sendist appeal forms tonight and get my appeal drafted.
does anyone have any good recomendations for a good indie EP and SALT near the south west?
just to update on the lea situation I have just phoned them and apparently a statementing officer is going to call me to discuss the second draft of the proposed statement. I assume this will be to argue about salt and ot being in parts 5 and 6, as I really dont see why a discussion needs to take place if they are going to be lawful about the statement. Guess its off to tribunal we go!
Its absolutely discusting that I have to do this in order for dd to recieve the help she needs.

TOWIELA Mon 21-Oct-13 14:48:28

Take Star's advice from other threads, and put into writing to the LA the telephone call you just had. In the same letter, tell them to finalise the Statement by xx date (whatever that precise date is). If they are going to send you a 2nd draft, they will be trying to delay the Final Statement and therefore delay your appeal. By telling them that you expect the Final Statement by xx date, you will focus their mind.

armani Mon 21-Oct-13 14:57:28

ok great thankyou so much for all of your help. I am determined dd will not be failed for another 3 years.

StarlightMcKenzie Mon 21-Oct-13 15:03:58

Armani, whilst it is reasonable to feel angry about all this, it isn't personal, and it isn't just you.

It takes a while to come to terms with the fact that people paid to do a job that can affect the life chances of small vulnerable people can be so cruel, incompetent and at times seemingly evil, not to mention cause you to suffer financial and emotional hardship on top of that caused by the disability.

But it is the way it is, and it is like this for so many of us who have children with 'hidden' disabilities that present an opportunity to be denied or the severity to be denied.

You need to accept that and simply get on with what you must.

TOWIELA Mon 21-Oct-13 15:10:21

It takes a while to come to terms with the fact that people paid to do a job that can affect the life chances of small vulnerable people can be so cruel, incompetent and at times seemingly evil, not to mention cause you to suffer financial and emotional hardship on top of that caused by the disability.

Star, I don't think I'll ever come to terms with that ^ ^
I will never understand why/how people (paid by us, the taxpayer) act in the cruel way that they do. How do they sleep at night? angry

StarlightMcKenzie Mon 21-Oct-13 18:51:34

Coming to terms with it and accepting it doesn't mean accepting it is right nor washing your hands of any opportunity to chip away at the system.

But there is little point in hoping you are mistaken, or getting bogged down and sidetracked by every little display of incompetence or evil when you are fighting for your child. You have to accept that you will have to let some things go, however wrong. An individual parent needs to learn what the system REALLY is, and quickly, and stop being outraged to the extent that it will scupper their ability to get the needs of their child met.

The fighting on principle must come afterwards with any energy that is left then.

armani Tue 22-Oct-13 13:11:09

Thankyou star and towiela. Star you talk sense, when I first started on this journey I found it really hard to deal with the fact that anyone, least of all professionals, could withhold provision from my vulnerable disabled child. Nor could I deal with the frustration of being told, as a parent, not to expect the help that my child needs. I spent many nights sobbing and trying to justify how they could do this to my beautiful girl.
Now I know that is just the way the system is and the only option I have is to keep ploughing on. I dont agree with it, but I cant be so full of rage and upset that I cant deal with it. I owe that to my vulnerable daughter.

just to update the thread I have recieved a letter from the LEA this morning stating that I should shortly recieve a letter in response to my request for adjustments to be made to the proposed statement. Im not at all suprised by this and in all honesty am glad it will be a written response, as whatever tripe they produce to argue their way out of producing a statement that abides the law can be submitted to the tribunal.
I have also been in contact with a great indie EP who is willing to take on our case!

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