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LA battle update part two :)

11 replies

coff33pot · 02/12/2011 16:39

In brief like so many here I got a proposed statement worth..........not a lot with nothing specified or quantified. Thanks to the great support here I had great help with the amendments. And help in constructing an email telling the LA they were acting illegal.

Salt has let me down in assessing only receptive language and doing a report on that but no time to do second half. I did contact an independent and they can assess but not till January now. She was in Devon. Any others are too far away for me to be able to afford travel fees so this is the only one for me.

OT have been brilliant in seeing DS and recognising his SPD and each sensory issue. They have visited school yesterday but told me today they still need to complete more assessing and the school definately need lessons in sensory awareness and how to help DS so they have to go back to continue that.

Took bull by horns and phoned LA who said I will get a phone call back sometime next week. Told them on phone it was kind of urgent re the salt and if they could chase up but never mind I have a private SALT in mind and will book and assessment with her for next week (white lie)

AMAZING I get a phone call 30 mins after phoning Hmm Told me there was no need to go private they will chase up but it wont be done before deadline and they need to finalise. However I was told that the amendments I had suggested and comments I had made were good ones. But they are stuck without OT/SALT report to add anything in, which I can see their point there.

Hassled OT who has agreed she will email reports so far as in his initial assessment and the so far report of the school visit and some suggestions that they found. So at least they will get that before next week.

However LA said to me they would email me rough draft so I can see and agree or not etc. Then finalise. Then she said the LA would look at the salt report when it is ever done and amend then?? DS is due to move schools next year and so there will be another proposal/interim review April time? Can they adjust it then? And should I ask that they actuall put it on the statement that the salt report will be reviewed on arrival and any necessary amendments made to his statement then? If so what part number should it be on.

I think the sensible way would be to let them finalise as I need it finalised should I wish to go to Tribunal?

OP posts:
AgnesDiPesto · 02/12/2011 22:11

the timescales in the code of practice should be followed but it is just guidance, not law. And if there is a good reason to change the timescale, or you agree to an extension of the timescale then that is fine. LAs do get scored on % of statements issued within 26 weeks but shouldn't be pushing ahead if there is a good reason to wait. Why don't you offer eg a 4-6 week extension in writing and say you would prefer a final statement after SALT report. But yes they could review / issue an amended one anytime they like.

coff33pot · 02/12/2011 22:48

Thanks for replying Agnes :)

I am supposed to be getting a proposed amended statement beginning of week emailed to me with hopefully the amendments I asked for. They did say the amendments I asked for were reasonable, but my major concern is if they actually agreed tp S & Q the hours on the statement also along with the TA being 1 to 1 for him only. This she did not mention so I shall have to wait and see as this will then be tribunal anyway.

I think you are right that suggesting an extension would be the best option then I and the school can hassle the salt again. If not I can have private in Jan at least so if tribunal at least that will be ready regardless by then :)

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CinnamonPretzel · 03/12/2011 00:10

Too wrapped up in my worries earlier to see this Blush
You're not in very similar position almost, just ahead alittle. Thanks for advising on mine when you're in just as much strain with yours.

CinnamonPretzel · 03/12/2011 00:11

I mean, you're in a similar position, not 'not' doh

coff33pot · 03/12/2011 00:17

:) No worries and your are welcome.

It was the advice from MNs here that got me this far as I am a pure novice in this business and so many here have been there and done it. But what I seem to see is nearly every LA lately is being pretty dodgy on the specifying and quantifying front.

Its so deflating to get something in the post you have been waiting for for an age to find it no good. But I can confirm its not as scary battling out your point as I thought it was going to be. You will get there so stick with it x

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appropriatelytrained · 03/12/2011 10:09

The LA have a duty to consider all the evidence before making a final decision on the child, so, if there is evidence outstanding from a professional, and it will be ready within a reasonable time, and it might make a difference to the quality or quantity of provision, then you should ask the LA to hold back until it is available.

The LA have what is called a delictual duty (essentially a duty of care) to your child and this may be breached if they issue a statement without full knowledge of the facts and this may deprive a child of provision.

Agnes is right. The guidelines are targets but there is nothing to stop the LA extending them if it assists the child and you agree.

Otherwise, the statement will be issued at a level of provision which may be lower than your child needs and you will have no guarantee that this will be adjusted after a report. The LA could force you to have to lodge an appeal to do this.

coff33pot · 03/12/2011 14:36

Thanks AT :)

YesI am going to tell them I want an extension so all reports are in.

Had OT report in post and the inital assessment does state he needs a sensory diet in place also school need advising on help with writing skills. So that does back up what I requested to be put in statement. They certainly cant argue that now it is in black and white.

Camhs is the problem. They promised they would ring OT/SALT & LA 6 weeks ago to get things moving. In the meantime I am going though second opinion stage. GP pushing for london and now just a matter of if the trust will cover it. He doesnt see a problem but these things take time.

NOW I get letter this morning from camhs saying they have been contacted by LA and salt who have questions regarding his communication skills and do I want them to speak to them. EXACTLY I give up!

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WetAugust · 03/12/2011 14:47

NOW I get letter this morning from camhs saying they have been contacted by LA and salt who have questions regarding his communication skills and do I want them to speak to them

I had my LA trying to contact CAMHS to find out more information.

You should insist on being present at any meetings between any LA reps / SALT etc and CAMHS. You should not give permission for them to speak to CAMHS without you present - you are your DS's primary carer and he is a minor

coff33pot · 03/12/2011 15:21

The snag is they have already took liberty and spoke to them as in the letter it states that she said I was unhappy with the diagnosis and unhappy with the screening DS received (diagnosis letter just states "that it would not appropriate to label DS as having an asd" said he was very complex but no diagnosis?? no ideas to help him? just nothing really that would help the LA at all). Screening wise he hadnt been seen by salt or OT/multi team but just a psychiatrist who had never met him before and the nurse who also had never met him due to changeover of jobs. Good job I already told LA that then wasnt it Hmm NOW she is asking permission lol

I lie.......she did suggest social stories at a meeting Hmm

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WetAugust · 03/12/2011 18:03

I would seriously consider making a formal complaint against the LA about them contacting CAMHS.

A local authority is responsible for services - one of which is education. They have absolutely no right whatsoever to make enquiries to CAMHS about your child's health - it's a breach of you and your child's privacy.

Very Angry on your behalf.

justaboutstillhere · 03/12/2011 19:47

This reply has been deleted

Message withdrawn at poster's request.

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