Statement Questions please

[chatee]

Hi everyone(especially all those in the know about statements) I could really do with some advice please with a couple of questions and then how to proceed, tia

1. At annual review it was decided to amend the statement(mainly for transition to Y7 but also to include request for extra time for sats in Y6)

so from the date of annual review, when would you expect to receive a proposed statement?

2.I have received a letter(not a proposed statement) stating
As you know xx has a statement of sen dated xx.We propose amending xx statement following an annual review.Details of the amendments are enclosed.You can tell us if you disagree with the changes to the statement that we are suggesting.If you do disagree with the suggested changes you must tell us within 15 days of getting this letter.

It then continues with the legal blurb about tribunal and parent partnership(which are rubbish in this area) and then on the following page

Details of proposed changes
The statement will be amended to facilitate transfer to secondary school in Sept 2011.Updated advice from a xx, xx ,xx has been requested and this, together with recent review information, will inform the new statement and provision.

So what do I do, who do I contact(know about IPSEA-but it's august, and SOS SEN)do I write to LEA? contact MP or (can not afford this Solicitor?) but it's so important as this is secondary school!!
Help me please as I really do not trust the LEA to do the best for my child.Oh and I told senco at school this would happen that it would arrive during the holidays so no support...oh and we go on holiday during the 15 days time period too some holiday now!!

Hi chatee

There is no statutory timeline for amending a statement after an annual review unfortunately. However, it sounds like the process is getting done as the LA has sent you the proposed amendments. You have 15 days to respond, as the letter says. I think if you asked for a meeting, you can get that 15 days extended? At least that's the case for a first proposed statement.

However, when the statement is amended for secondary transfer, there is a statutory obligation for it to be amended to name the secondary school by Feb 15 of Year 6. This is so you know which secondary school your child will attend and allow transition or time to appeal against it. Is your child going into Year 6 or 7 in September?

What do you think about the proposed changes? What kind of secondary provision was discussed at the AR and do you agree with what is being proposed? It sounds like there will be new reports gathered to help the statement. Do you think the professionals will support the changes that you want? Can you get support from any other professionals who would propose the kind of changes that you think are suitable?

Because the statement is being amended, you will have the right of appeal to SENDIST if you disagree with the amendments. So if you ask for other changes which the LA refuse to include, you can appeal in order to have those changes ordered by a tribunal. But you would normally need professional reports to back up anything you say.

I would encourage you to still keep trying the helplines - not sure if they are active during the summer break.

hiya sugarcandymonster,

I thought that might be the case wrt the time frame of producing the proposed statement.

Details of proposed changes
The statement will be amended to facilitate transfer to secondary school in Sept 2011.Updated advice from a xx, xx ,xx has been requested and this, together with recent review information, will inform the new statement and provision.

this is all it says
it is a letter, not even a proposed statement,there is no other information included-so what am I supposed to comment on?

thanks for your help so far

Hmm, in that case it sounds like they may only be intending to change the name of the school in Part 4 (this is a change they have to make).

Personally I would email them and ask them to send a full proposed statement with the changes they intend to make, so you can see it clearly laid out in the way the final statement would be.

I also don't think it's sufficient to change just the name of the school - secondary is a whole different environment to primary and provision in Part 3 will have to be described differently.

However, I don't think I received a proposed statement when it was amended for secondary transfer - the final amended statement just arrived a few days before Feb 15. Then I was able to appeal to SEND to include changes to Pts 2, 3 and 4.

thanks- am in the process of writing a letter-have just spoken to ACE helpline too and they agreed to send a letter and ask for no further communications due to holiday...

how stressful was it appealing to send? (i can see it coming)

That sounds like a good plan chatee.

I was requesting an independent secondary placement, so as you can imagine the LA fought me all the way. I had legal help too but I can't deny that it was stressful.

If the provision you're asking for isn't going to be too costly to the LA, they may well give in before tribunal. The important thing is to keep fighting and keep asking for advice, from here and the helplines.

has anyone else been in this situation before?

Hi Chatee, the relevant parts of the SEN Code of Practice for this situation are below. As you will see, you have no right to get a 'proposed ammended statement', only a copy of the 'ammended Final Statement', following that a right of appeal.

So, basically, the LA are following procedure, but they have missed a bit out.

They have read the annual review document, and are informing you that they need additional advice.

I would say that you need to write to them, and say that Pararaph 8:128 of the SEN COP states that they must (it is a legal distinction, so very important) explain the reasons for the proposal and ensure that the parents have copies of any evidence that prompted the proposal.

As they are seeking the advice of xx, xx, and xx, you would expect that they send you further details of their proposed changes once they have received the documents and decided what they wish to ammend.

I personally would also say that until they have received those, and decided on the ammendments in full, you would not consider to have been properly served notice under the terms of the Code. Therefore, you reject this notice as proper Notice under the terms of the Code, and will await their proper Notice once they are in posession of all the facts that they are likely to base the ammendment on.

But, as always, I am just a lay person reading the SEN COP. I am not an education lawyer, nor am I a tribunal's expert. Just a Mum who reads

If you haven't got a copy of the review report and the school's recommendations, you need to ask that you are also given these.

"8:128 For amendments following a review, other than after a reassessment, LEAs must send the
parents an amendment notice that sets out the details of their proposed amendments.
The amendment notice should be appended to the Notice to Parents set out at Part B of
Schedule 1 at Annex A. They must explain the reasons for the proposal and ensure that the
parents have copies of any evidence that prompted the proposal. Where a proposal to
amend the statement arises from the annual review, the parents should have already
received copies of the review report and the school?s recommendations.
8:129 The LEA must consider any representations made by the parents before deciding whether
and how to amend the statement. If the authority concludes that an amendment should
be made, they must make that amendment within eight weeks of sending the amendment
notice to the parents. If the LEA decides not to go ahead with the amendment, they
should write to the parents explaining why, again within eight weeks of the original letter
setting out the proposal to make an amendment.

8:132 When a child is moving to a new school, particularly at phase transfer, the statement
should be amended to name in Part 4 both the current placement and the new
placement, stating an appropriate start date for the latter. This will make sure that
parents, children and the receiving school can plan well in advance of transfer, and entitle
parents to appeal to the SEN Tribunal in good time if they disagree with the named
school. At phase transfers, except from early education settings to the primary phase,
the statement must be amended no later than 15th February in the year of transfer. The
amended statement should specify the current school attended by the child (if any) and
the new school, indicating the date on which the child will move there.

8:133 When the amended statement is issued parents must be informed of their right of appeal
to the Tribunal against Parts 2, 3 and 4 of the statement and the time limits within which
they should appeal, the availability of parent partnership and disagreement resolution
services, and the fact that the parent?s right of appeal cannot be affected by any
disagreement resolution procedure."

Yes, by the way, to make it clear. They DO NOT have to and WILL NOT send you a 'proposed ammended statement'.

You will just receive an ammended final statement within 8 weeks of the date of the letter they have sent you. Which is why your 15 day 'right of reply' starts on the date you get that letter.

brilliant, thanks lougle
letter will be emailed on monday morning

(i feel like i have a big knot in my stomach)