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Does a statement become binding while you appeal the content?

(8 Posts)
WhoKnowsWhereTheMistletoes Tue 23-Dec-14 13:56:50

Quick question, the LA and I are so far from agreeing the content of DS's draft statement that we have agreed that it can be finalised ASAP and we will appeal the content. Does the finalised statement become effective regardless of whether you appeal, or does the whole thing go on hold? Not that it will make much difference, the content in the draft is so vague they'd probably get away with not doing much whether it is binding or not.

chocismydrug Tue 23-Dec-14 14:23:10

once it is finalised it becomes binding - doesn't matter if you appeal.

fairgame Tue 23-Dec-14 14:37:04

What choc said. The school will have to deliver what is in the statement until the appeal is over.
Can't believe they would rather you appeal - so much for the LAs working with parents hmm

WhoKnowsWhereTheMistletoes Tue 23-Dec-14 17:44:05

Sorry, didn't word that very well. They haven't agreed the school we want (indie SS), we know we will have to appeal this (have taken specialist advice) so we have sent them a letter saying we have nothing further to submit and please finalise it ASAP. Thanks, I will await the finalised ststement with interest.

fairgame Tue 23-Dec-14 17:53:44

Ah that makes more sense!
I appealed for an indie ss this year and won. It's a hard slog so good luck flowers

WhoKnowsWhereTheMistletoes Tue 23-Dec-14 18:35:14

Thanks. DS is in Year 6 and while things are far from ideal at ms primary he is happy enough there, it is secondary I am mainly worried about. Therefore we want to get the appeal lodged ASAP.

bjkmummy Wed 24-Dec-14 00:04:22

keep an eye on the timeline as potentially they could have 8 weeks to finalise and you want them to do it as soon as possible to get to tribunal before the end of july if you need to. I know for secondary placements they try and get them heard by the end of july hence why the LA need to name secondary placement in year 6 statements by 15th February.

im going to run out of time as still appealing a NIL so unlikely ill make it back to tribunal before sept so will keep her out of school until the tribunal rules

WhoKnowsWhereTheMistletoes Wed 24-Dec-14 08:38:53

Their 8 weeks runs out mid Jan, they were very late getting the draft out to me, but did say they would try and stick to the same finalisation date, I will be on their case if they try and go over. We're preparing the appeal application while we wait too, so it can go in as soon as we get the finalised statement. When's your NIL hearing? I've seen you talking about it on other threads.

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