help please to draft amendements to draft statement for Asperger's Syndrome

[alison222]

Sorry this is a bit long and detailed but I really could use some advice.

I have received the draft statement in electronic form so that I can suggest changes to it.
It specifies funding at a banding which means nothing to me and says the following

"Until July 2012, funding will be allocated to Ds's school at Band B1 of the Authority?s banding scheme for statemented pupils in mainstream schools.

From September 2012, funding will be allocated at Band B3 for the first term to support Ds's transition. From January 2013, funding will be allocated at Band B1. The schools should use this funding flexibly to meet DS's changing needs to allow for appropriate and alternative responses within the school to reflect particular class or school arrangements. The additional funding should also be used in conjunction with the resources already available to DS in the school.

The school/governing body will be responsible for delivering the following provision:"

It then goes on to detail lots of things with no hours or person/qualification of the person by them.

I understand that this non specification of hours is not allowed according to various things I have read - including some very helpful threads on here.
What I don't know how to amend is all the details for the specific items without knowing what this banding relates to. Can they just give a lump sum and then let the school choose who to pay with this money? Can I make the school account for the funding so if they choose to pay a lower paid TA for lots of this work then they have to provide more hours?
Is this funding in addition to the funding at the lower band below statementing that is provided under an IEP at school action Plus or instead of it?

Some of it I can amend ie the OT exercises must be done DAILY but the other items I am not sure what to enter.

thanks for reading this far and for your help

You ideally need to talk to one of the independent charities here (e.g IPSEA, SOSSEN, ACE, Network 81) re this matter. Funding itself is not your problem so don't get bogged down by that.

It is unlawful for the LEA to act like this, this is truly devolved funding in action and its bad news for children with special needs.

A statement still has to be both specified and quantified in terms of provision; not doing so is unlawful and LEAs know the law. Challenge it!!.

Thank you Atilla.

I spoke to someone from SOSSEN yesterday afternoon and have sent the LEA back a document with tracked changes. I have sent a covering letter quoting the SEN code and relevant paragraphs ( thanks IPESA case studies) and saying that I want it amended to comply with the law. I have ignored the banding altogether, changed the wording for all the "Should"s to become "Will" provide or "will receive" and suggested provisions based upon at least what DS is currently receiving to support him. The amendments also all say _ who is providing this? What is their qualification? etc. for them to complete. I have copied the person I am dealing with's boss at the LBE as I was getting such a slow response and she was blaming her boss.

I hope that my letter shocks them into doing something soon.

Not that I'm expecting too much.....

Atilla I just wanted to thank you for pointing me in the direction of SOSSEN who I had not come across. They were fab and I hope I am now making progress. I sent amendments to the LEA with a letter telling them I wanted changes as the draft SEN was unlawful and that I hoped we could avoid going to tribunal.
I have had a response from them to issue the statement as it was, due to time constraints, with a promise to amend according to my wishes once they have consulted the schools. I have had a copy of the correspondence to the primary school querying the amounts of provision I put into the draft and they told me what they are sending to the proposed high school. I spoke to the LEA to point out exactly which professional reports I had picked details from for my amendments and it sounds like they will go through if the school can be kept on side.
SOSSEN pointed out that I must keep an eye on timings to make sure I don't miss my right to appeal and I have told the LEA I will be objecting to the first statement but as they have said they don't want to go to tribunal and do seem to be trying to co-operate - fingers crossed. It sounds positive at the moment although I won't actually believe it until I see the final version.