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please help me with arguements for my case tomorrow!?!?

4 replies

MissTired · 20/07/2010 10:59

we have a last meeting tomorrow with the la about ds's statement where they say they will listen to my concerns with the statement and explain why they wont change it!? they know ive sent tribunal forms off already and dont seem to care or willing to change anything. their arguement is that ds's statement does not need quantifying or to have anything specific in it at all except wooly phrases like "if the school believes there is a need for ot involvement they can request this" he has a place sorted now for a special school so the la say that at special school they dont need specific statements as if they need help they get it, my arguement if hes going to get it anyway whats harm in putting it in statement, he needs salt, ot and some one to one (very good ratio of 4 adults to 6 kids so wont need too much one to one!) so it should be in statement then he will get it and i have a leg to stand on if he doesnt, they say "trust the school they will do whatever ds needs" but the school doesnt even have an ot, has one to one for other kids in other classes in the school as "it states it on their statement" so why wont they put it on ds's grrrrrrrrr the meeting tomorrow is also involving the school ds is to start at in september so they only know a little about him and havent got him their yet but the la say they are at the meeting to reassure me they will cope with him and statement is fine!!

can anyone help me with things i could say ie specific laws or whatever - ive tried the cop bit that says should be quantified etc and they just say "should be - but that means if they dont get it without it being on statement" but my point is hes not got it yet hes not there how do they know!!

anyone give me any advice of things to throw at them!?

OP posts:
sugarcandymonster · 20/07/2010 11:13

You can quote some of the case law regarding duty to specify - Ipsea has some information here

"EAs often seek to rely on that decision to argue generally that provision for a child at a special school should not be specified or quantified. However, the obligation still remains to specify and quantify provision, except where there are good reasons not to do so. Merely attending a special school is not a sufficient reason not to specify provision and "flexibility" must be something that the child needs. As the Court of Appeal said in a case brought by IPSEA, (R (on the application of IPSEA Ltd) v Secretary of State for Education and Skills) [2003] ELR 393): "any flexibility built into the statement must be there to meet the needs of the child, and not the needs of the system.""

keepyourmouthshutox · 20/07/2010 11:21

good one sugar. will remember that for mine because I too was told that LA won't tell special schools how to do their jobs.

ReasonableDoubt · 20/07/2010 11:37

Have a look at this part of the IPSEA website. If you can get through to them on their help line (very busy!) it might be worth speaking to someone for further advice,

MissTired · 20/07/2010 14:48

thanks so much thats excellent, hopefully the meeting tomorrow will have me in control telling them what i want an why rather than them bombarding me with their reasons why im wrong!!

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