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Primary education

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Filling reception application & on the waiting list for statement of SEN. ...help

13 replies

WorriedDad23 · 03/01/2014 15:32

Hi all,

In the application website they ask if my kid has a SEN statement , he is in the waiting list for a statement, but they only put him in the list couple of months ago.

Chances are it will take few more months for him to get assessed and get a statement.

He is currently having speech therapy and lot of appointments with special needs doctors, he is also having one to one care at the nursery. Although that is unofficial, we don't have written documents stating that he needs one to one. Nursery is really helpful so they always have one teacher with him.

Should I say 'Yes, he has a statement' when applying? or not? I feel like we shouldn't but my mrs thinks we should ( her argument is, his statement will come along when he starts school).

Would appreciate any advice. I really do not wan't to do the wrong thing here.

OP posts:
hazeyjane · 03/01/2014 15:37

Ds is in the statementing process at the moment and we are applying for a place at a special unit withing a ms primary, they only take statemented children - however we were advised by the lady who runs the unit and all the professionals involved, to tick the no statement box, but put the details (ie application for statement in, reasons why this school is best option) into the 'other' box for reasons.

I guess the thing is that your son doesn't actually have a statement until it is granted, and there is no guarantee that he will get one.

scaevola · 03/01/2014 15:37

As DS does not have a statement right now, do not say he does.

There are separate admissions arrangements for statemented children, and it will just cause a muddle if you do this.

But - do the schools you are interested in have an 'exceptional medical/social need' category? If you have evidence of DS's issues, you could make a case to be in this category (which could make an important difference if you most want a school with track record of relevant support but for which you might not otherwise come high enough up the criteria to receive an offer from).

And it's definitely worth mentioning the ongoing assessment in the "comments" section.

ComeIntoTheGardenMaud · 03/01/2014 15:39

Don't say he has a statement if he doesn't (yet). Any sort of misleading statement may count as fraud, which could mean that a school place could be taken away from you if the LEA felt that it had been gained on the basis of misrepresentation. Instead, explain the circumstances and provide evidence (eg letters from health care professionals) of your son's additional needs.

ComeIntoTheGardenMaud · 03/01/2014 15:41

Scaevola put it better than me.

WorriedDad23 · 03/01/2014 16:17

Thanks hazeyjane, scaevola and ComeIntoTheGardenMaud ,I feel much confident now.

I'm not sure about if our preferred school gives propriety for SEN children, I will have to find that out.

Actually I'm in a bit of a doubt to whether mention about his SEN condition or not. I feel it can backfire if the school thinks it will be an additional hassle for them.

We really should get selected for this school since

1.we live close to it. (580 meters away and in all the past years furtherest child taken was much further than that , closest was 800 couple of years ago)

  1. it is our nearest school, so we fulfil rule 5 as well. in the past they have taken children from 1.6 miles away if they fulfil rule 5 . hope that makes sense.

I really think we should get this school under normal rules, but my mrs is bit skeptical.

Thanks

OP posts:
crazymum53 · 03/01/2014 16:43

I would put statement applied for and the date that this was submitted. If there is a reference number for this application I would add that as well.
If the statement comes through before places are allocated in April I would contact the LEA for further advice.
Probably not necessary to name any condition on the form itself. I don't think that a school can refuse a place to a child with SEN, as this would break Equality/disability rules (unless the statement says that the child's needs cannot be met in mainstream education). HTH

prh47bridge · 03/01/2014 17:35

As your child does not have a statement of SEN he will be treated as a normal application and it will be decided on the admission criteria. If you qualify for a place it will be offered. They cannot refuse to offer just because your son has SEN. However you will not get priority just because your son is being assessed for a statement so there is little point in saying anything about the statement being applied for.

When your son gets a statement it will name a school. That school has to admit your son even if it is already full. You will be asked which school you want named on the statement. There are only very limited grounds on which the LA can refuse to name the school you choose.

sunnyfriday · 03/01/2014 17:48

he is in the waiting list for a statement, but they only put him in the list couple of months ago.

have you actually applied for a statement of SEN? once you apply, the whole thing is a process, you should not be on a waiting list for a statement iyswim. When did you apply? the whole process should be done in 26 weeks.

if your DS g

lougle · 03/01/2014 17:57

WorriedDad23 can you clarify your OP? You say:

"he is in the waiting list for a statement, but they only put him in the list couple of months ago.

Chances are it will take few more months for him to get assessed and get a statement."

Do you have a notice from your Local Authority that they are undertaking a Statutory Assessment or that they have undertaken a Statutory Assessment and have decided to issue a Statement of Special Educational Needs?

If you haven't had either of those documents, then your DS is not getting a Statement right now. There is no such thing as a 'waiting list for a Statement.'

The Statementing process is laid out in law, with a strict timeline:

Day 1 - Request made to Local Authority (LA) either by parents or educational setting (other routes exist, but these are most common).

-LA has 6 weeks to gather evidence and make a decision whether they need to assess-

Week 6 - Notice sent to parents informing them of decision to undertake Statutory Assessment/not undertake Statutory Assessment (SA).

-If not to undertake SA, parents have right of appeal.

-If undertaking SA, LA has 10 weeks to make the assessment. They must ask advice from various bodies, including the parents.

Week 16 - LA must decide whether they will issue a Statement.

-LA has two weeks to draw up a Proposed Statement or a 'Note in Lieu'

Week 18 - LA must provide the parents with either the Proposed Statement (if a Statement is to be issued) or the 'Note in Lieu' (if no statement to be issued)

-If no statement, parents have right of appeal.

-Parents have opportunity to review proposed statement, give comments, ask for amendments, etc., and LA has the opportunity to make changes as negotiated

-Parents are able to name a school and negotiate with the LA if there is a dispute over best setting.

Week 26 - LA must finalise Statement.

-Parents have right of appeal if Statement still isn't to their satisfaction.

WorriedDad23 · 03/01/2014 18:21

Sorry wrong use of words ,when I said in the waiting list I meant in the process,

I actually got a call from herts county asking me to try 'Education, Health and Care Plan' instead of a statement, she said statement can take 26 weeks and this one only takes 4-6 weeks, but I said I need to speak to his teachers/speech therapist before giving our word on this. So definitely my DS is in the process for a statement.

OP posts:
muchadoaboutsomething · 03/01/2014 18:25

Hi we are in the same boat but will get the statement next month, but after the deadline. We put the info in the medical needs box. The schools we named have all been approached by the lea to see if they can me ds needs so know about us, but we are not saying ds has a statement as he doesn't.

hazeyjane · 03/01/2014 18:38

If she is still saying that it will take 26 weeks, then the process can only just have started, and decision won't yet have been made.

We started with the ehcp, ds has a my plan and we are a pilot area, but because so much of the process has not worked in practice (ie it takes a lot longer than 4-6 weeks - because the idea was that everything would be hashed out in one meeting involving all professionals - of course the reality is that no one can get to the meeting and so they have to write a report, which takes the same time as the traditional statement route!), we have had to switch back to the traditional statementing process.

lougle · 03/01/2014 18:41

Education, Health and Care Plans aren't legally enforceable until September 2014. LAs are trying out the process right now. It doesn't mean you can't agree, but it does mean that you need to be aware of what you're agreeing to.

Your DS is only at the start of the process. There is no guarantee that the LA will agree to assess, then no guarantee that once assessed, they will agree to a Statement/ EHCP.

You need to proceed as if this isn't happening with the school application. Mention in the box for other info 'Statement process started' so that they can tie it up if you get to that stage.

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