Banding on SEN statements

[coff33pot]

I am going through proposed statement and waiting for meeting date to go over it.

It does not say anywhere the number of hours as some of you are aware.

I have been told that LAs do not put the total number of hours on a statement anymore. By camhs and PP also DIAL. But they must specify and quantify the amount of help he is getting throughout the statement as in times for SALT etc?

This is obviously condradictory to what I have been told. However even the HT emailed the LA as she had no notification either about what funding wa proposed. And because I advised her that I was having a meeting at some point with the LA she very kindly sent me a copy email from the LA stating that DS was BAND b3 and they would be provided with funding for 25hours LSA.

What is band b3????

I refer to our telephone conversation of todays date and our discussion about my concerns on the proposed statement. My overal concern is that nothing is reallyproperly specified and quantified, including the number of hours support. I realise there is the Green Paper to consider and a new way of doing things but this paper is a consultative document and does not replace the law. The SEN Code of Practice states that hours should be specified and quantified, indeed there is a letter on the IPSEA website that was issued to ALL Chief Education Officers from the DofE stating the same. I enclose attachements of these for your perusal so you can understand why i am querying and requesting that this proposed statement follows the lawful guidelines. Not specifying and quantifying is unlawful as I have been advised by IPSEA and other more experienced advisors than myself.

I have also further attached an amended proposed statement that we hope you will give serious consideration for your perusal and consideration. It is rough I know but I hope it helps and would I expect this can be sorted out without the need for additional meetings* happy to sort all this out without the need of taking up your time on meetings.

I am hoping that it spells out that I mean business in the first paragraph, stating reasons in the second, proving I know what I want to see in the third, small creep in the fourth (dont want to seem a complete bitch yet lol) and then hinting that I will go to tribunal if it is necessary to get what I want.

I am so glad I found this SN board though without back up like this I would probably go.................oh ok then and cock it up for DS.

I am really grateful to everyone :)

Thank you star. Us Cornish tend to ramble you know (oh yes you already do by my lengthy posts )

In order to My concerns are apart from the fact that the statement does not adhere to the Code of Practice, it needs to be specified in the statement that the TA needs to be trained and qualified in dealing with my sons needs. The staff at present do not hold this training and are struggling to cope with DS. If as an example he was left with the ordinary class TA who serves the whole class then he will not cope and the school will have to endure the consequences of that and more importantly it will set him further behind and he will not be able to survive in mainstream. I want him to remain in a mainstream school with adequate, experienced help with the appropriate interventions as advised by the SALT and OT, with a future prediction of one day not having a statement at all and I would really appreciate expect* a statement that is going to get DS to that goal.

I realise what a demanding job you have and appreciate all the time and effort you have put into this for me.

Be polite by all means but this is their job and it isn't as demanding as caring.

Something 'expecting' to end on like. I hope you will take my concerns seriously and provide ds with a lawful statement within the statutory timeframes and I very much hope we can avoid the tribunal process.

Thanks for that reconstruction star :)

It's not much. It was a good letter, but taking out the apologetic tone helps. It needs to be business-like, rather than sorry to trouble you but coukd you please do me a favour and obey the law?

To be fair yours wasn't really like that but it helps to remove any sign of vulnerability.

me vulnerable? noooooo lionheart me lol

All done, doctored and sent. Guess the officer just might choke on her doughut and coff33333 in the morning

Coff, don't make the mistake of believing you have rattled her Friday. It's true she won't have MANY letters like your on her desk, but she WILL have got them before, and making you feel like you are especially OTT and and extra pita is part of their strategy.

It's important you know that because it is tough feeling like you are challenging where no-one has before, so I'm telling you THEY HAVE.

No star I dont expect her to jump to it and give me what I am asking for. I have seen enough here on this site to expect the opposite. I just know/sensed from the phone call I had that she felt in control and it was all sorted. I would send my amended one for her to look at and that would be the end of it. So she will get an unexpected surprise but I doubt very they will bow down that easily.

I am expecting to go all the way to tribunal. And I can be a PITA when its my DS future at stake :)

coff33pot
As I understand the process a govt issues a green paper - then a white paper - then a bill - then that goes through the stages of Parliament (upper and lower house) and gets amended perhaps numerous times then we get an Act of Parliament and probably also a new Code of Practice
A Green Paper means nothing it can be ripped to shreds as the Health White Paper has been
Also if your LA is a Green Paper pathfinder then it is voluntary to be included in the pilot you cannot be made to be part of the pilot and indeed why would you when the current law, SEN Code of Practice and 30 years of legal cases support what you want?

Thanks for that info Agnes I didnt know the order of things so that has helped greatly. And no I wouldnt want to volounteer for it you are right there so if they bring that up again they can strike me off the list for a start.

I want to volunteer for mine. The want to give parents personalised budgets to chose their own provision across health, Ss and education.

However on further examination, when they say education, they actually mean transport and make it quite clear that if parents were to chose educational provision the quality can't be guaranteed - ha ha I wish they would explain how they currently guarantee it.

Coff, just wanted to say don't give up or give in. I was told that there was 'no way' my son would get a statement intially. The first statement gave 15 hrs with 'adult support' and no specification of anything.

He now has a statement for 32.5 hrs support on a 1:1 basis with a suitable qualified TA, with salt provision of twice per half term with qualified salt and daily sessions with ta who has done x y and z training courses. He also has weekly SI OT sessions with a sensory diet in place, as well as various programmes written in such as the time to talk programme etc. These also specify who do them, how often, how many will be in the group etc etc.

To be fair, I have had to fight until I had nothing left to give and was going to tribunal (until they gave in the day before). I have really learnt that there is only one person who will fight for your child and that's you. Don't give in , it is doable. Good Luck

Wow feynman that is a statement to be proud of and I am really glad for you and your boy :)

I wont give in they will have to shoot me first. Its hard when you have to keep 3 heads on your shoulders. One for home as mum, one for fighting this sort of thing and at the same time a third with proffessionals that are so damn slow assessing him. People say pick your battles but I dont think we have a choice anymore it always seems a constant battle. The biggest battle of all is making sure your kids get what they deserve.

Your post has definately added some more ooomph to my attitude thanks :)

As feynman DS has a very tight statement. He is at special school and is a band 5 (our LEA bands 1 to 5). He has his own 1 - 1 who is a trained intervenor and has talking hands cert. He also has an individual PEP so he is not sitting around when the class do listening and signing. I did not fight for a thing the LEA just gave it to him.

Its nice to hear that there are stories of success out there :)

No acknowledgement of email today, but I am assuming like star said she would now have to pass it on to someone higher to deal with. I think I will give it till Wednesday as i believe she said there was a panel on Tues that she was going to have a discussion with. If i hear nothing I will print off and post also, to be signed for.

If you have the letter sent by special delivery it will arrive there by 1pm the next day.

Do show them that you mean business and you won't settle for anything less.

Never forget that you are your child's best - and only - advocate.

BTW even my daft as a brush LEA stated a set number of hours (that I managed to get increased and that increase was put onto the statement) so it can and should be done!.

Finally got a reply to my email of the 3rd. The officer states she has now passed DS file on to the Senior Manager who will consider amendments to the statement and respond to me by the end of term?

As I understand from reading around the LA have to act on a statement within 8 weeks of the proposed statement date? Which by my reckoning makes it the 14th Dec and last day of term is the 15th.

I take it that me saying they were being unlawful means it has had to go a different route other than the pannel she was going to put it through or they have and this is the result who knows.

If they agree to amend do they issue another amended statement for you to look through? or a meeting date or will I get slammed with a done and dusted one as the 8 week deadline will be up.

Not that I am bothered, just curious as if they dont agree to amend I need it finalised for Tribunal.

my guess would be they were trying to fob you off with the panel thing in the hope it would put you off. You'll get another amended statement if they agree to some/all of your changes.