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Good news! but need some advice please

11 replies

starfish71 · 04/03/2011 17:32

Haven't posted for a couple of weeks as have been stressed out with thought of going to Tribunal over placement for DS2 (7).

We lodged our appeal, then had numerous phone calls from LEA trying to negotiate - then they caved and offered DS a place at the ASD unit we wanted from September!

I had them put it in black and white for me and today have received the proposed amendment statement. All good, I think, shame it took so long (September) to get them to give DS want he needs.

I am going to meet with them next week as need to make sure that all the changes are put in place - change wording in statement in parts 2 and 3.

DS has been quite stressed at school since Christmas and I know that he has a place in September but do you think I can push for him to go up there sooner?

They have suggested he could enrol at the school and although not be officially in unit until Sept would obviously benefit from being in the more ASD friendly small school. Problem is if we do this then they won't provide transport until September, know it sounds crazy but could I ask for him to go in the LEA transport and pay for it until Sept?

I don't drive ( am going to start lessons soon I hope) but do you think this is a non starter or anyone got any ideas?

Thanks

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starfish71 · 04/03/2011 17:32

Oh and I haven't pulled the appeal just yet...

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davidsotherhalf · 04/03/2011 18:24

transport needs to be written into statement....sorry to say this but if you get your ds to school by your own transport the lea will expect you to keep doing this in september

SparkleRainbow · 04/03/2011 18:43

Sorry if this is a dumb question, but if his need has finally been recginsd by the LA, why does he have to wait until September, why can't he start after Easter? And if he is being registered at the school, does that mena he is going at attend the school, but not in the unit until September, if so, then the LA can start transport the moment he is registered, they have to, it is where they have offered him a place...... Surely?

starfish71 · 04/03/2011 19:04

Thanks guys for replying. You see this is where I have the problem, they have agreed to amend statement to say that is where DS will be placed from Sept 2011 but they have told me today that we can register him there and he can attend the mainstream class and start in the unit in September.

I really want him to start there as soon as possible.

Are they trying it on with me? In one way I was thrilled that they agreed on placement from Sept and that I wouldn't have to attend Tribunal but I would really want him to start after Easter as you say Sparkle.

Got a meeting with them on Thurs, know I backed them in a corner but am I able to push it further for him to start sooner?

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sugarcandyminx · 04/03/2011 19:19

Well done on getting the LA to offer a place at the uni Smile.

However, it's a long time until September and IIRC you've been waiting a long time to get the statement finalised in the first place. I don't think their proposal is acceptable in the light of that.

Are they offering him additional support if he goes to the mainstream part? I'd be asking for a good level of 1:1 support if they're insisting that he attends mainstream in the next few months. The school might be more ASD friendly than a typical primary but if his needs demand a specialist unit, then he'll need additional support in any mainstream environment imo.

What reasons have the LA given for him not being able to attend the unit immediately (or at least from Easter)? There are only a limited set of reasons they can give for refusing a place if they've admitted that it meets his needs.

Definitely keep pushing with the appeal for the time being. It sounds like they're offering you a bit to try to get you to withdraw, but LAs often negotiate/give in right up until the tribunal date.

What are the reasons for them refusing to fund transport before September? Have you looked at the LA's transport policy and does it fit in with their requirements? (usually mentions over a certain no. of miles depending on age)

SparkleRainbow · 04/03/2011 19:42

I agree with everything sugar says. I would push them all the way starfish.

starfish71 · 04/03/2011 20:06

Thanks sugar for your reply. No they haven't offered additional support in the mainstream while waiting for Sept. Yes I have been battling a long time - started Statutory assessment last February..had proposed statement in Sept.

The reasons they have said he can't start until Sept is that there no places until then. That's it.

The reason for not providing transport if he goes into the mainstream school which has the unit attached is that there is no place for him in the unit until Sept and only when he is in the unit will they give transport.

Tribunal wants case statement to be submitted by 4 April - I have started on the wine tonight am so stressed by how hard it is.

Does the fact that I have a Notice to amend statement that now says

As from Sept 2011 DS current arrangement for support will be replaced by

DS will be supported in a small teaching group with a high adult to pupil ratio with a teacher experienced in teaching children with autistic spectrum disorder.

And in Part 4 says

As from September 2011 DS will attend a learning support cent4re for pupils with ASD which is part of ........

And yes it does do the .... and not actually name the
school.

Is this good leverage to push them all the way to provide for my DS now?

Sorry for rambling, it has been so long already fighting this that it seems cruel that it is so close.

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SparkleRainbow · 04/03/2011 20:29

I am sure if pushed they can provide transport whether he is in mainsteam bit or not....I would not settle for that explanation. I would threaten them with.....shall I go to the press and explain why you will not provide school transport for a child in your authority to go to a school, in which you are recommending he attends but can't fund a place until September....every child matters, equalities act 2010........discrimination.

starfishmummy · 04/03/2011 22:07

Hi Starfish,

If the school is the one the LA agree to, then I thought it was the needs of the child that determined whether or not they have transport? There are some links to stuff about transport on the ipsea site.

starfish71 · 05/03/2011 10:24

Thanks sparkle will use that. Starfishmummy thank you will look at ipsea site.

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starfish71 · 06/03/2011 09:40

Bumping this to have opinions and advice on what to say at meeting on thurs and also what to tell tribunal at this stage? Thanks

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