Nothing is ever easy is it? Here's a bald summary-
- The statement is transferred from old to new LEA.
- The New LEA can bring forward the scheduled review and can assess again.
- The new LEA must have a good reason for withdrawing your child from a non-maintained or fee paying school.
- The statement will be amended, at the least with a new school name.
- You have the same rights as before to choose a school and to appeal.
For more detail, the Special Educational Needs Code of Practice (Dfes 581/2001) states that your old LEA will transfer the statement to the new LEA.
As soon as it's transferred, the new LEA is responsible for 'maintaining the statement and providing the special educational provision specified in the statement'
That sounds good, as does..
"the 'new LEA may not decline to pay the fees or otherwise maintain the child at an independent or non-maintained school or boarding school' unless there is an appropriate and sensible reason for doing so 'unless and until they have formally amended the statement."
That last point is important because "'the new LEA can bring forward the review of the statement and 'may conduct a new assessment regardless of when the last assessment took place'."
So you may have to go through some sort of assessment again.
It isn't written, but they may be obliged to provide the special educational provision specified in the statement during that time...
The most obvious amendment would be Part 4, the name of the school, and you would have the same input into this as you did in the first statement
Your new LEA must tell you within 6 weeks of the transfer date 'when they will review the statement and whether they propose to make an assessment'."
and..
The two LEAs should tell you the implications of the move and discuss them with you. You have the same rights of appeal to the Tribunal as before although this must be done within 15 days of the letter they send.
I hope this helps you a bit, It may be as easy as transferring the statement and naming a new school (though it might not). I'll be going through this soon with dd so fingers crossed!
I got all the blah from a wordy but helpful folder of stuff called the SEN toolkit, available from Dfes publications. FREE! call 0845 60 222 60.