What are the LA up to? Statementing help needed please

[beautifulgirls]

Hi - DD#1 (7yrs, in yr2) has just been through statutory assessment and I called today to find out their decision about whether to issue a statement or note in lieu, as they had the panel meeting on Monday and I am yet to hear anything. The complete 10 weeks was up that day. Instead of getting an answer of statement/NIL instead they informed me that the panel have deferred the decision. The reason given is that DD is also in the process of being assessed for suspected Aspergers/HFA and APD. We hope to get answers re Aspergers in early January, but the APD appointment is not until mid Feb.

1. Why would they do this?
2. Are they actually allowed to do this especially as it was not discussed with me first.
3. Is there anything I can do at this point to force them to make a decision.

I pointed out on the phone that I was not very happy and thought statments are meant to be issued based on need, not on diagnosis. Unfortunatley the case officer was not the one I was speaking to at the time, just someone who was reading from notes for me. I will get the notes in the post shortly and hope to take this further once I have these.

All help gratefully received. I will be onto IPSEA too when I can about this.

My first thought on reading your post was that they must be waiting to see if your dd gets a dx and that then might have an effect on the placement. When they issue a proposed statemnt they usually attach a note to say they are minded to name xyz school in part 4. They can't do this unless they have explored all the options. There may be a more appropriate provision which they might forward your dd's papers to for consideration. Having a dx and a statement is usually the route into specialist provision. Were you after a particular school?

On a positive note, delaying it sounds as though you might be getting the statement rather than a note in lieu which can only be good news surely?

That's an interesting point. I would like her to stay where she is in mainstream with 1:1 (and transfer to the linked junior school next year which she should get a place at anyway without a statement) and have stated this to them via the Ed Psych report that was done. Do you think they would suggest a specialist placement in this circumstance? (am willing to consider it if they suggest it).

I agree it is better than a note in lieu at this point, but cant help but feel being given the run around too. Perhaps I have just read too many stories on here with hidden agendas from LA's!!

It is extremely frustrating (to say the least) when they delay things till the very last possible minute - and it seems like they always do this whenever they can.

But it might not necessarily be due to sinister reasons. I know many of us are bitter for good reason a little bit suspicious or cynical but it may be down to the placement thing as suggested. Or waiting till there's an answer to the APD dx. Yes, statements should be on need rather than diagnosis, but in practice they might think they're doing the best thing by waiting. Tbh (and I know it may not be what you want to hear) it might be in your dd's best interests actually - if she does get a dx of AS/APD they will probably be more inclined to take it more seriously. A delay of another month won't make a huge difference in the long run if she does get a statement - more important that the statement is adequate rather than on time. (Shouldn't have to be this choice of course but hey ho.)

However they should, of course, have bloody well told you about this - appalling of them (but typical) that they didn't bother. Every delay and lack of communication makes your blood boil - sometimes I think they do it deliberately to wear us down, though it could equally be down to laziness and incompetence. But I'm slowly learning not to react to this as they do this at every single opportunity, so getting bothered each time is a recipe for heart attack! Better to save energy for the big battles.

Don't accept any note in lieu whatever happens; hold out for the statement doc.

If you cannot get through to IPSEA I would try SOSSEN or ACE. You need independent advice at the very least. I am undecided between thinking they are waiting for further reports or whether they are actually now mucking you around. The timelines for the LEA to make a decision is I think legally binding though I will stand corrected on that.

Also when the transfer takes place to go to Junior school, the statement is rewritten.

Attila - do you know if they are likely to change anything they do issue, or is it just a case of changing the named school when she transfers to Junior school? I hope we are not going to have to go through all this fight again just because she is moving. If I had my way she'd stay at her infant school until she was 18! It is lovely there and very supportive.

Atilla is spot on : Don't accept any note in lieu whatever happens; hold out for the statement doc.

Don't even mention the possibility of a NIL to them or they'll take advantage of the fact that you're even thinking you may not get a Statement.

I think a warning shot is required by writing to the LA stating that you have been told that the LA is deferring a decision pending diagnoisis and that you expect a decision to be made in Jan 12. that way you have it documented that they've dealyed the process and why - which may be useful if you eventually don't reach agreement.

The law states that they must consider medical evidence as part of the Statementing process. That's why you get referred to a Comm Paed. Their medical report should be sufficient for a decison to be made as, as you know, Statements are not issued in reposne to any specific diagnosis - they are issued to support learning difficulties i.e. behaviour not label.

Don't let them string it out.

beautiful girls,

In my case, the statement was rewritten when my son transferred from the infants to the junior school (part 4 was changed to reflect the name of the new school). Although the main body of the statement in parts 2 and 3 remained unchanged, the LEA in their infinite wisdom decided to cut 5 of his hours. My appeal to the LEA and written submissions from several others refused to make them budge. However, all was not totally lost though as Juniors decided to make up these lost hours (received written confirmation of that from them) but it was a fraught time all round.

I would contact the LEA now and fire a warning shot across their bows!.

Thank you everyone. I have the panel meeting documents today and basically it just says the further information is needed and they will reconsider the situation when this is available (ie the ASD and APD appointments are concluded). I am trying to get hold of IPSEA/SOSSEN at the moment but that is proving hard. Once I have spoken to them, assuming they can't come up with a good reason not to then I intend to take this further in writing and ensure it leaves a paper trail. They had an interim report from the ASD diagnosis team already so it is not like they are lacking any information from that source, and it was a previous LA Ed Psych who suggested the APD concerns and they have that report also, so again it isn't new information.

Atilla - thanks for that....gah they take every opportunity to slide out of their responsibilities don't they? Glad the juniors was helpful for you anyway over that issue.

I spoke with IPSEA. They said that given the known timescales for these reports to come in it is unacceptable to delay a decision and that I should push them for an answer either way. If they issue a statement then I still have the 8 weeks negotiation time when we can feed in additional information, and if needs be by mutual agreement this time can be extended anyway. If they do not issue a statement (so give a note in lieu) then I can move on to appeal and by the time that comes through then we will also have all the additional information too. They felt the panel were being unreasonable in failing to make a decision. If however the LA decide not to do either and continue to postpone a decision then it is going to make any future arguements against a statement a lot harder for them in a tribunal situation.

I will be writing a letter this evening....wish me luck!

Thanks you all again.