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What is the process for appealing the decision to end a statement?

7 replies

statementing · 10/06/2015 19:31

Has anyone had a recommendation that the statement be stopped and then tried to appeal the situation. If so please can you explain the process to me. Am I right in understanding that they cant end the statement until the appeal has been considered. Many thanks.

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Icimoi · 10/06/2015 20:19

It's the same process as appealing anything else to the tribunal - have a look at the tribunal and IPSEA websites. You're right that the statement stays in place till the appeal has been dealt with.

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statementing · 10/06/2015 20:35

Thanks for this. I have looked at the downloads on the ipsea website. Are these the documents you mean or is there a tribunal website? I have no knowledge of how any statement appeal would work or the typical timescales. If starting now would it be sorted for sept or would the same number of hours have to be in place for Sept and hence LSA employed for Sept? It says you have 2 months to appeal from receiving written notice from authority so do I need something more formal than notification from school before I proceed?

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bjkmummy · 10/06/2015 21:34

google sendist forms - that should take you to the sendist website where all the forms are. you would usually get a letter from the LA saying that the statement is to be ended and the letter would then say you have the right to appeal - you need that letter to be able to appeal

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statementing · 10/06/2015 22:26

Thanks. Are timescales really 6 months?

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bjkmummy · 10/06/2015 22:32

possibly - usually about 5 months until the actual hearing

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Icimoi · 11/06/2015 16:15

The process for ceasing to maintain a statement requires the LA to consult you before they take any final decision. When they decide to cease to maintain, they must write to you to tell you and also give you formal notice of your right of appeal. So yes, you need something more formal than notification from the school. If this is just your child's school telling you that they think the LA is going to cease to maintain and therefore they're not planning to employ an LSA, I suggest you put them right.

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statementing · 11/06/2015 16:59

Thanks icimoi - yes exactly I have had a lengthy very helpful chat with the ipsea tribunal helpline.

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