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taking statement to a new lea

8 replies

nutmeg · 30/09/2005 13:01

We have just got a statement for ds. It is possible that we will be moving next summer and I wondered how easy or difficult it is to take a statement with you to a new LEA. Do you have to go through the whole process again........please, please say no to this!!!!

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chonky · 30/09/2005 13:11

I'm sorry I can't help with this but dd due to be assessed any time now for starting SN nursery in April - however we may be moving next summer and I dread having to go through the same thing again. I'm watching this thread with interest

heartinthecountry · 30/09/2005 13:20

AFAIK the new lea are obliged to meet the statement that already exists (obviously with change in named school). However when the statement is up for review they are not obliged to keep it as it is and I guess you may have to go through more assessments etc. Hope that helps a bit.

nutmeg · 30/09/2005 20:19

Are all statements reviewed annually?

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MeerkatsUnite · 30/09/2005 20:39

Yes. Statements are reviewed yearly.

redneck · 03/10/2005 14:44

Remember that for pre-school (not in reception) children, statements should be reviewed six monthly (this according to the official guidelines and chats I've had with LEA Statement Writers) and this is often written in to the statement to avoid confusion.
I've got the guidelines somewhere here about moving area too, I'll read it and get back.....

nutmeg · 03/10/2005 17:22

Thanks redneck, that would be great.

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redneck · 03/10/2005 19:57

Nothing is ever easy is it? Here's a bald summary-

  1. The statement is transferred from old to new LEA.
  2. The New LEA can bring forward the scheduled review and can assess again.
  3. The new LEA must have a good reason for withdrawing your child from a non-maintained or fee paying school.
  4. The statement will be amended, at the least with a new school name.
  5. 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.

nutmeg · 03/10/2005 22:18

Thank you for all the info. I think we have that tool kit somewhere, so I will dig it out and read up the relevant bits. I do hope your transfer runs smoothly. It almost makes me think it is not worth moving because I don't think I could bear all those appointments for a second time so soon after the first. A large amount of thinking needs to go on here..

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