Annual Review - request for new statement

[starfishmummy]

DS attends a special school and his annual reviews in the past have always been fine, and no changes required. (although it is a very vague statement)

He has been having some behavioural issues recently. A few weeks ago we agreed to an ed psych referral and we are still waiting. THen this week further behavioural issues have blown up. It's his annual review next week and feel that his statement is based on (very) out of date information and wish to have a reassessment. I'd like some opinions on whether we push for it now via annual review, write to the LA ourselves or both and whether we should wait for the ed psych to assess him/report to add weight to our request (or will the fact that school have referred be enough)?

Typically this has all blown up at the last minute!

A reassessment will take longer than asking for the statement to be changed at annual review.
If they refuse to change the statement you have a right of appeal (this right of appeal when a statement is not changed only came in recently Section 328A, Education Act 1996) which would mean you got to tribunal quicker than if you requested a reassessment as for reassessment the timetable would be 6 months as for the original assessment eg they would consider your request for reassessment, then decide whether to agree or not and then gather reports etc.
They can issue a new statement at any time so if issues have just blown up I would ask for them to agree to change the statement at annual review and agree a timeline for them to draw up a new draft statement. I am fairly sure you can change time periods in code of practice where both parties agree that is sensible eg to allow time for the EP to report. That way if they refuse to change it or issue a draft statement you do not agree with you gain a right of appeal now rather than in 6 months time.

I had't realised that there was a difference between asking for the change at Annual review and a reassessment; that is very useful to know.

I think have to think about what we hope to achieve really - so far it's just a bit of a knee jerk reaction to the worsening behaviour; At the end of the day his statement is based on out dated reports but I'm not sure if new reports would actually change the statement provision iyswim and being new to behavioural issues we are perhaps at a loss as to know what can be done.

Kids!

it's best to ask at the annual review rather than wait, you can ask for specific changes or ask for a full reassessment by all involved, make sure you put this request in writing whichever way you decide and talk about it so it's minuted, and check it's on the minutes when you get them back. Have you got your LEA case worker going to the review? As agnes said, asking formally at the annual review gives you the option of appealing to sendist should they refuse to change the statement.

have you recieved copies of reports for the annual review? Do they give any clue as to what's going on so you can work out what questions to ask? Is it possible that a full reassessment could get to the bottom of the behaviour issues? Really you want answers as to how the school are going to deal with the behaviour as changes to the statement will take time and it sounds like this needs dealing with now. And make sure you get a date for the EP visit. Hope you can get something sorted.

Thanks ninja. The annual reviews are usually just us and the teacher and head up to now there havent been any problems. The review is Thursday and we still don't have the schools report (this is usually the only one we get) so i have chase this up saying we need to rearrange if we don't get it by Monday.

strictly speaking, according to the sencop, you should have all reports at least 2 weeks in advance so you'd be ok to put the review back a bit, that may work in your favour if it gives you a little more time to figure out what you want?

We had already mentioned the two week thing when we got the invite as they sent us the letter saying they would send reports a few days before the review. Don't think we have ever had one that early!
I have put my request for it in writing but not mentioned the sencop - i am keeping that as my trump card when if they get funny with me over it.