Inadequate statement - how hard is it to get it right realistically. Tribunal?

[Aero]

Has anyone had to go to tribunal to get the statement right?

As expected, it is wholly inadequate. All the main recommendations have been left out and the recommendations which will not cost to implement have been drafted.

So it's another long haul, but is there any chance they will agree to what we want (i.e. what the specialists have recommended), or is it likely to go to tribunal? Main omissions are SALT and OT and recognition of ASD traits.

Are you asking for anything out of the ordinary? We were advised that what we wanted (and what we got reports to back us up on this) was in line with what you'd expect for a child with ds's level of disability. Still took 20 months beginning to end. LEA settled 10 days before tribunal. They weren't interested in our evidence just what it was going to cost them! Deal was done in an hour. School is working out now though because of it and am very glad we did it.

I don't know if this form will help you formulate your argument with the LEA for a better statement. You've got nothing to lose if you do put in for a tribunal appeal.

nationalstrategies.standards.dcsf.gov.uk/node/177780

Tribunal is usual Aero. The LEA sometimes cave in before it reaches that stage. If you have a specialist recommendation in a report then the LEA have set out how they will provide for this in terms of provisions.

Get a highlighter onto copied reports highlighting the recommendations and list them with which report page ect they refer to.
Check out case law a good one for OT and SaLT ommissions is the lancashirte judgement.
Try to refer to each omission with relevant case law to show the LEA that you know they are acting illegally and they know in a Tribunal they wouldn't have a leg to stand on.

Good Luck x

Lancashire Judgement

Have got someone to help me with what needs to be added and deleted and moved around to make the statement more clear to everyone it will concern. We have not asked for anything which has not been clearly recommended. I have asked the LA for a meeting ASAP and was hoping to avoid tribunal. Sigh............

Do you have a paed letter stating in writing ASD traits-?Everything needs to be evidence based-If you have, it should be put in-It's good you have someone to help - Good luck

We started tribunal proceedings and sought legal advice, and then the LEA caved before it got to that point.

Talk to IPSEA or ACE they can give you advice on how to get the Statement right. Is there a provision for every need identfied? Does it set out how the provision will be made? Who will make the provision and when will they make it? eg speech therapist, monthly visits, sets programme, delivered daily by trained LSA.

Couldspendhours - not in it's present state, hence the request for changes to be made before the final statement is issued. It is rather woolly and bitty and all over the place with the word specialist used, but no specification of which type of specialist etc. No mention of staff training etc and nothing really more than can be done at SA+ really, so one wonders what the point of a SSEN actually is if we let it go in it's present state! The whole point is that at SA+, dd is not progressing......... :(

We had to go to tribunal but were asking for ABA. We got more than we asked for eg we got the ABA we wanted and SALT we had not asked for and everything specified. You can submit the appeal and I would expect if you are just asking for better specified provision they would cave in. If not then they will have to provide the support without specifying it for the period up to tribunal (several months) and if they don't then you would have a very good case at tribunal for saying you cannot trust them to provide it unless it is written in the statement. you don't have anything to lose by putting an appeal in apart from the paperwork hassle. Your appeal can just say that as it is unspecified the statement is unlawful. They will then have to argue why not specifying (eg flexibility) is in the child's interests. Be careful about writing down what support is given as you go along eg the autism outreach wrote down many visits but some of these were phonecalls or letters and few were actually with DS present!

Great post Agnesdipesto. Do you remember what piece of legislation talks about support for the period up to the tribunal? We are at the Proposed Statement stage and it's all cotton wool, nothing specific, and no mentionning who is going to pay for the provision (adaptation, equipment, assistant, transport, OT, SALT, physio). LA says they've got no money so they won't fund. Tribunal sounds good!