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challenging draft statement - strategies please?

2 replies

pinkorkid · 04/11/2010 09:50

Deadline for giving fedback on ds' draft statement approaches and am wondering how much time to spend on supplying legal arguments/quotes from sencop, case law etc to back up the changes we think need to be made.

Has anyone had experience of their LEA agreeing without argument to suggested changes/filling in omissions based just on parents' pointing them out?

I guess I'm asking should I be holding the legal points in reserve, presuming that we are likely to go to tribunal or should I show all my cards up front?

At the moment just planning to say: this need is described in part 2 but no adequate provision in part 3, this advice from evidence has been ignored, x provision cannot be accessed until y provision is first put in place, salt should be in part 3 etc.

I feel a bit like I'm faced with a poker game and I've only got tactics for snap in place...Confused

Grateful for any advice from those of you who've been down this route already.

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Lougle · 04/11/2010 10:03

To be honest, I think it depends on the LA. Mine wrote a 'Special School' statement, and when I asked about it, they were prepared to withdraw it and write a MS statement, but I was happy with SS.

I would initially approach it informally, saying that you thought SALT was a Part 3 provision, and could they explain how x, y, z in Part 2 is provided for in Part 3, etc.

Then you can get a bit more formal, quoting the SEN CoP, etc.

Then you always have First Tier Tribunal (Special Educational Need and Disability) as an option anyway.

pinkorkid · 04/11/2010 10:49

Thanks, Lougle.

That makes sense to put it back in their camp initially, asking them to explain the apparent omissions etc and see what they say.

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