statementing, i need advice please.

[helentheresa]

I hope someone can offer me some advice, my sons needs went forward for statutory assessment in November and we should have heard outcome end of Jan. I heard nothing left messages case worker on leave etc. Managed to get hold of her end of last week, she said assessment had not been completed as she had not received sec C,(medical evidence)from paediatrician. She has now forwarded all paperwork to new LEA as we have moved. What can I do about sec C, what info does it contain and what about time lapse? We will never have statement in time for school as new LEA said he probably doesn't need a statement and I will have to appeal.
I feel like screaming!!!!!!!!!!!!!!!

Did he see a paediatrician - if so, hassle the secretary charmingly to write a note to the Case Worker. If not, have you got anything else that would count as a diagnosis that you can forward? It is not up to the new LEA to say he shouldn't get a statement before they have even had the proper stat assessment. Is your DS autistic?

alternatively, if there is a report from any appointments with the Paed you can send the summaries in as a starting point.

if LEA are saying that you have to appeal ask them for it in writing so you can get the ball rolling faster.

Thank you all for your advice,I have been feeling quite desperate about it all.
My Ds has CP hemiplegia and newly diagnosed epilepsy in last 6 months. I have sent in copies of his outpatient appt letters which are very detailed. I also spoke to medical secretary who said his paediatrician is snowed under and will do part C when she can. I dont know why they can't use the medical info trhey have which is loads.

I just know he will struggle without a statement. :(

It might be worth, at some stage, using the fabulous advocate who helped me(not full lawyer, though just as good, but cheaper) to shoot a nice , legal letter across their path. The game at the moment seems to be as follows: those who we can easily walk all over and fob off with School Action plus, we'll do it; those who look like they might be trouble/cause us extra work, we'll bung them what they want just to get rid of them. Or at least in some LAs that's how it works! A lawyer's letter puts you firmly in the second camp, imho. Her name is Fiona Slomovic and you can google her and keep that idea in your back pocket for if and when needed. Even just be missing deadlines on the SA process, they are acting unlawfully and you can call them on it, you have rights under the 1996 Education Act and the Code of SEN practice. My theory was always - be unfailingly courteous and charming in how you say things, but unflinchingly firm and determined in WHAT you say to them.

Sorry to barge your thread - but is that true re missing deadlines? Ours was due to be finalised on 16th March but have just found out that now it won't be & I've run outta patience totally. Do you have the reference to the final deadline info?

It's all in the SEN code of practice. Sorry, on phone so can't link.

Bochead - the timings are actually on the mumsnet Special Needs: useful Mumsnet stuff, which is down towards the bottom right of this page. You can certainly make a complaint, or threaten to make a complaint to the Local Government Ombudsman on the grounds of their not abiding by the statutory timelines. Say you have taken legal advice (which you sort of have - us lot on mumsnet are all practically lawyers now!) If Attila is around, she knows a lot more stuff too.

Thankyou re getting legal advice, I will make a note of Fiona Slomovic and that may be my next move. My new LA is Hillingdon and I have heard that they have new guidelines and it is almost impossible to get a statement.

Can they progress with the statutory assessment without getting a specific report from his paediatrician, as they have other medical reports from this paediatrician and others, stating his medical conditions.

I have said to the LEA they have not met the 10 week time frame, and they just said that due to exceptional circumstances ie no section C it couldn't be met.

"My new LA is Hillingdon and I have heard that they have new guidelines and it is almost impossible to get a statement".

I would speak to IPSEA about this if you have not already done so (their guidelines may actually be unlawful particularly if they are applying blanket policies).

Statements are still being issued though many LEAs try and dodge their statutory responsibilities. This may well be what is happening here.

You need specific and specialist advice here. IPSEA as mentioned would be a good start as would be contacting the lawyers.

Thanks Attila, I will keep trying IPSEA they are always engaged, obviously lots of people like myself calling in.

Helen - I'm in Hillingdon and have just got a statement for DS1. I was told at the start that the hard bit with Hillingdon was to get them to agree to assess. If you get past that stage, then pretty much everyone gets a statement. So you need as much evidence as you can get at the start of the process.

The timeframes can slip if they are waiting for advice from the professionals, which it sounds like you are. I would keep chasing your paed direct if that is the report that is outstanding. Our paeds report was incredibly brief though and we had much more detailed info about DS1's condition in letters from him. It may differ from your paed though as ours is a community paed.

Hillingdon have been pretty fair with us, although the process took a long time in the end (our issue was with what some of DS1's professionals wrote in their reports re provision). I would say that Hillingdon SEN have recently lost 2 case-workers to retirement and there is currently only 1 experienced worker there, and she is training 2 new members of staff. Things have therefore slowed down a bit.

Also, I would speak to Hillingdon Parent Partnership because they have been very good and they can find out what exactly is going on. If you don't have their number let me know and I will dig it out for you.

www.hillingdonparentpartnership.org.uk/link here for pwp
You could also try sossen if you don't manage to get through to ipsea.
www.sossen.org.uk/