Anyone know cam LEA order an Annual Review of a statement that hasn't been agreed?

[insanityscratching]

Heard today the bastards at LEA have arranged an AR of ds's statement when we haven't even got to Tribunal yet to appeal parts two and three

How can we review the statement when it isn't even agreed?

What happens to my appeal?

As it is AR is less than eight weeks before Tribunal so if they issue an amended statement it will probably turn up just before Tribunal issues a decision.

Would that proposed amended statement overrule the one sorted at Tribunal?

I really don't understand what's happening, have emailed solicitor but not got back to me so don't know if my appeal has been struck out and the AR is the result or whether LEA have ordered AR to mess up appeal.

Want to cry tbh.

what a nightmare
I'd phone IPSEA/SOS SEN

Hi Insanity

Trying to work it through (and hope others can also help with this).

The Statement you currently have must be a Final Statemnet as you wouldn't qualify for Tribunal without a Final Statement.

So yes, the LA are entitled to hold a Review of that Final Statement. They would then have to issue Proposed Amended Statement if they wished to change your existing Final Statement.

However, I'm not convinced that tribunal would get to view the Proposed Amended Statement as it wouldn't be a finalised Statement by the time the Tribunal met. (You could drag out timescales). I expect it would be viewed more as further attempts by the LA to settle prior to Tribunal but it seems like a very mob-handed way of going about it

It does put you on the back foot with regards to prep for Tribunal. I expect tribunal will take a dim view of the LA's actions - unless it's an improvement over existing Final Statement and is acceptable to you.

You could ask for Tribunal to be deferred in light of LA's actions but that would serve no purpose as the LA could play that same trick time and time again.

It's very unreasonable behaviour if not maladministration.

Of course you know it's designed to intimidate you.

Of it were me I would send a stiff letter to LA disputing the need for a formal annual view of the Statement while the Tribunal is pending and invite them to continue to resolve your disagreements over the existing Final Statement in the hope you can avoid a Tribunal. that always looks nice and concilatory to Tribunals even if you've no intent to do so.

bastards.

I agree with wet,

My LA are currently being equally underhand. They reassessed my child when they knew I was going to appeal against failure to amend following annual review. No prizes for guessing that the proposed new statement cuts all therapeutic input and does not specify and quantify nearly as much as the existing one....no worries though, we will be asking for both appeals to be joined once they issue the proposed as a final statement. I too think tribunals will see through these tactics and they may backfire on our LA. I have been advised not to even enter into any discussion just wait for tribunal which is what I am now doing.

Good luck insanity I don't think your appeal will have been struck out - they are more likely just playing games and trying to wind you up.

We are still waiting for them to respond to appeal so have no idea what their response is.

They asked for appeal to be struck out on the deadline for them to respond.

They asked on the grounds that the eight page submission was inadequate to respond to and we haven't issued a working document as well as solicitor not responding to a letter that arrived one hour before office closed for Christmas by 30th December.

Solicitor responded on January 3rd, they didn't respond waited until deadline and then asked for it to be struck out.

It's as though they have never been to a Tribunal before, they just carry on playing games regardless.

The solicitor prepared the submission, she only deals with educational law, it's bread and butter stuff she has never experienced anything like it.

They didn't even sign the request for changes order!

The school is assessing ds with their SALT, OT and Psych and have assured me that the reports would be in my favour we'll also be using independent assessments.

LA will be defending a statement based on reports fourteen years old that isn't specified or quantified but they still think I'm unreasonable not to accept it!

It won't have been struck out, it can't be without giving you notice. If they issue a new final statement you just apply to amend the appeal to cover it - and claim costs for extra work from them. agree it will backfire. Bit confused about the reports school is doing - are they going to base a new statement after AR on those reports to get over the 14 year old thing? As long as reports are in your favour I don't suppose it will matter.

LA will be defending a statement based on reports fourteen years old that isn't specified or quantified but they still think I'm unreasonable not to accept it!

I presume that's the existing Final Statement? If so, the LA may just have belatedly woken up to the fact that it's not fit for purpose hence the AR before Tribunal.

Your solicitor should know how to handle it. I think I would formally reject any proposed amended final statement that I received prior to Tribunal and would be within my rights to do so as the existing Statement is already subject to legal process via impending Tribunal.

Hope you're keeping a good diary.

Hope you go after the bastards once you've dealt with the Tribunal.

They just want current assessments because LEA maintain ds is too able for that school because he has GCSEs.
They also maintain that ds's needs could be met in the local HE college that has ad hoc support at best.
School say ds is in no way the most able there even if he does have GCSEs so want recent assessments to support my assertion and their assessment of ds's needs.
They won't be the ones we use at Tribunal but we will use them to support the school's reports for AR I think.
I think they are going to use the AR to suss out what we'll want from the Tribunal tbh. I don't want to give them any information that will help them so don't feel happy about AR before Tribunal anyway.

Wet you could be right there the solicitor has been telling them repeatedly since last June that the statement needs to be based on current assessments and pointing out exactly what is wrong with parts two and three.

Maybe it has finally sunk in! Perhaps it could be a positive in that they'll issue a proposed amended statement more in keeping with what we want.

Why won't they respond to the appeal though? They haven't asked for an extension so if the strike out fails which solicitor says it will surely they shoould have responded or asked for an extension shouldn't they?

Insanity

They probably haven't responded becasue their only game plan is to drag the whole thing out. The only alternative to that for them would be to agree to several years of very expensive independant placemnet. So they'll just get dragged to Tribunal, do what they can to deny you 'school', try to sell FE to the Tribunal and hope the Tribunal buys it.

They're pretty stupid if they think having GCSEs is an indiactor of social ability. GCSEs just mask the social deficits.

Have you actually contacted / visited the local FE provision and spoken to the Learning Support Team? I'd advise doing that as it will give you reasons why FE is not a suitable placemnet.

Another thing I did was to get DS to write directly to LA to say that he wished to remain in school (not FE) post 16. They are supposed to take the child's views into account - Yeah!, but worth a try in case it does gel with someone who can assist.

Also, before ceasing Statement, which is what your LA would be doing by effectively refusing to amke post-16 suitable school placemnet available, the Ed Pysch is supposed to assure themseles that the proposed alternative (FE) is actually suitable. Have they done that?

bastards - you're having a complete re-run of my own situation 7 years ago.

I have visited and spoke to them at length they didn't know where they could place him! They acknowledge he needs FT 1 to 1 support which he'd get in the high needs area but the students there are p scales ability so no appropriate peers.

They won't place him with post GCSE students because they don't have the expertise to teach him and wouldn't be able to offer him the support he needs.

The other area is life skills teaching that fits between the two but they didn't want him because a high proportion of their syllabus is basic numeracy and literacy skills.

Last September they were supposed to build an ASD area but it got shelved because of lack of funds. I'm hazarding a guess that they might be pushing to get this in place again so will phone and check.

At his current school he does work experience in the library with support and will attend the local college with support when they feel he is ready. But as yet they don't believe he could cope with a mainstream college environment because his anxiety levels outside of the school are sky high even with 1 to 1 support.

Yes they have to get the child's views for AR.

No Ed psych agreed that ds needed more support than the unit he was at was able to provide. He never said ds would be able to access mainstream college at all.

Mine wanted an AR but unfortunately they didn't get all the paperwork together 2 weeks before so I suggested they cancelled. They did 2 days before the AR with 5 weeks to tribunal. Statement is only 3 months old from being finalised they reckon its good practice to review them early to make sure they are working.