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Here you'll find advice from parents and teachers on special needs education.

Original poster

LEAs phasing out statements!

31 replies

deeeja · 10/02/2008 15:37

My LEA is no longer providing statements for sen for children, unless they need more than 18 hours!
Previously it was 10 hours. Schools have to now provide the extra hours out of their own sen funding.
I have also heard of some LEAs trying to stretch this to 20 hours.
THis is a joint 'venture' with social services and the health authority.
I have seen it in action when trying to get my ds's needs met.
As if things weren't hard enough already!
This policy comes into effect in April in my borough. How about everyone else?

OP posts:
yurt1 · 10/02/2008 15:40

Check with IPSEA. This doesn't (at first sight) sound legal. Also have a look at the SN code of practice (available online).

SS shouldn't have anything to do with education. (They sometimes get involved when a child is going to a residential school because of respite issues)

alfiesbabe · 10/02/2008 16:01

My LEA is also trying to phase out statements. I used to have a large number of Statemented pupils where I teach and the number has fallen dramatically, while at the same time, pupils with quite significant SEN have risen!
My understanding is that the LEA are trying to limit statements to severe medical conditions.

yurt1 · 10/02/2008 16:35

lloks like they shouldn't be providing blanket policies

yurt1 · 10/02/2008 16:37

you're not in Herts are you?

yurt1 · 10/02/2008 16:38

or Nprthumberland?

yurt1 · 10/02/2008 16:39

Lewisham have been told off by the DfES for saying statements are no longer necessary

electra · 10/02/2008 16:46

I agree with yurt - that sounds illegal, most definitely! As far as I know LEAs have been telling people this sort of thing for a long time. They just hope you'll shrug and say "oh ok" and go away. I doubt very much there has been such a drastic change in the law. I would urge you to get advice from IPSEA.

yurt1 · 10/02/2008 16:48

Right so in your shoes I would request a statement using the template here:

In your letter you should also point out the Lewisham has had its knuckles rapped and complaints have been made to Ed Balls cmcerning Herts and NOrthumberland who will presumably have their knuckles rapped soon.

Once you have requested a statement the LEA has certain statutory duties- they can't just apply a blanket policy and refuse to assess- it's not legal. Much better for a parent to request a statement than a school- the LEA have more obligations/times limits etc if they request comes from a parent.

Go get 'em!

electra · 10/02/2008 16:49

deeeja - does your son already have a statement? Has the LEA even conducted a statutory assessment?

electra · 10/02/2008 16:50

Sorry, crossed posts with yurt.

yurt1 · 10/02/2008 16:51

Gosh this sort of thing makes me so angry I'm itching to apply to volunteer for IPSEA (probably will do in 1-2 years time when I should have a bit more spare time).

Original poster
deeeja · 10/02/2008 20:30

The thing is that I haven't been given any formal document or leaflet outlining the changes, but the portage lady in discussion with the educational psychologist mentioned to her, that school action+ was going to be extended to 18 hours instead of 10 hours.
They did appear to be working together on this, and both indicated with raised eyebrows about how they were going to 'assess' my ds from now on regarding his statement.
They then decided that my ds's dx is under doubt, which I argued with them. They then tried to tell me that the reason my ds does not understand verbal or non-verbal communication is because he has not had enough 'practice'. I accused the educational psych of being unproffesional at this point, and that she should base her views on actual criteria rather than what has been discussed over coffee with health visitors!
They were also quite shocked when i informed them that I had already applied for a statement myself.
It was a bit of a farce actually, and far worse than I had expected.
I did, however, leave with that gem of information. I shall be informing the ipsea tomorrow morning.
My LA is Redbridge.
Am I in trouble now? Woops!
Those of you who have statements already coming up for review, be caredful!

OP posts:
electra · 11/02/2008 00:50

Well it sounds like you have them chalked deeeja so good for you.

Things like this make me so angry

We have our review coming up

twocutedarlings · 11/02/2008 09:00

I have also recently applied for an assessment for my DD, I am also looking at other schools for her.

In a recent meeting with the head of one of these other school, she mensioned that our LEA (Sheffield) is also going to faise (sp) out statements. Apparently the schools will then have to provide for the SEN pupils without a statement, from there own budgets.

She seemed very sure of this, and as her school is one with lots of SEN pupil, and also has 2 SEN units (one primary, one nursery) you would have thought that she would know what she is talking about.

Im not sure what to make of it all tbh, Im hopeing that this doesnt happen (obviously) as my daughter has AS, so is likely to be one of the kids that fails to get a statement!!

macwoozy · 11/02/2008 09:17

My ds's head said in the last EP meeting that she wanted to bring my ds's review in earlier to request more hours. (I wonder if she's heard of the new 18 hour policy!) He needs 1-1 at all times, and the hours on his statement far from covers it. It freaks me out to think that my ds's statement could be withdrawn. Currently he's in a unit so the statement is 'safe' but who knows what's going to happen in the future. Bloody hell, more things to worry about

dustystar · 11/02/2008 09:32

I hadn't heard this. I've got a meeting to discuss Ds statement with our LEA rep on thursday so I will ask her what she's heard.

yurt1 · 11/02/2008 16:43

IPSEA is pretty clear that having '18 hour' or whatever 'policies' are illegal. The LEA can try it on but ime will often back down once you point out to them that they're breaking the law.

ancientmiddleagedmum · 11/02/2008 18:08

The thing is that clearly all LEAs have a secret policy of phasing out statements, or cutting them right down, but these people have been really silly in telling you that out loud - as it is totally illegal and can be challenged under the 1996 Education Act and the "blanket policy" cases referred to in this thread. What they rely on is inertia, because most parents won't sue or pursue legal action, so they take a risk that a few will catch them out but it's worth it in the long run for the big cost-savings on all the parents who just go with School Action plus and the like. This really is how big organisations think -I've worked in several. You need to catch them out, refer to the fact that you've taken informal legal advice, get IPSEA to give you exact wording to put in letters/emails, so that you are signalling that you are one of the mums who they DO have to be worried about. Then you should get proper treatment. My LEA tried to tell me at the start that "hopefully we'll be able to save you all the bother and heartache of the statementing process and put you into our lovely School Action Plus plan". It was very clever, as of course I'd heard what a pain statementing was, so I was tempted to accept their poisoned apple. Luckily I had a pal who told me what they were up to, and they put no blocks in the way of my DS getting a statement as soon as I started making some legal mutterings. It is all such a battle, but we are made to play the game to get our kids a half-way decent education!

AttilaTheMeerkat · 11/02/2008 18:49

Also School Action Plus, unlike a Statement, is not legally binding and thus not worth the paper its written on.

This policy of LEA's devolving powers to school and basically saying to them, "you sort this out" is disasterous for both schools and children with special educational needs who need statements.

macwoozy · 11/02/2008 22:20

But(and I'm a constant worrier) if the LEA have been so open with their plans, and have had to retract with what they've originally stated only due to the pressure of others parents, schools etc. Could they not put it into force pretty soon?

Excuse my ignorance!

cat64 · 11/02/2008 22:44

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Message withdrawn

macwoozy · 12/02/2008 07:51

Stupid question, sorry

yurt1 · 12/02/2008 08:10

Cat I think your LA may be ahead of ours there- ours are still very much separate (although they share a name - but still separate buildings/don't talk to each other etc). I need to read the Children's Plan (have got as far as printing it out) but I think it's meant to be in place by 2020 (& it doesn't surprise me that our LA hasn't found a way for SS and the education bit to work together yet).

Ahhh the light dawns- have just had a quick browse (ours is nowhere near the 'vision') but I am now understanding why we got a ridicuous letter from the LEA about shutting ds1's school and replacing with a '21st century school'. I thought the terminology was ridiculous- it's straight from the Children's Plan. I think our LEA comes under the 'still a long way to go' category though

Either way it shouldn't affect statementing.

cat64 · 12/02/2008 16:29

This reply has been deleted

Message withdrawn

yurt1 · 12/02/2008 17:02

PMSL