Annual review tomorrow - urgent question

[appropriatelytrained]

We have our Annual Review set for tomorrow but our head has just approached me this afternoon to say he was not sure whether the AR runs a year from the Tribunal ordered statement(July 2011) or the original final statement (issued in Jan 2011).

I have said I think it is the original statement.

His concern is that:

(i) he wants a meeting so he can press the LA to put all DS's provision in place - much of it is outstanding despite the school's best efforts.

(ii) however as DS has only been at school for two and a half weeks (the last 2 weeks have been spent at GOSH as you know), he would really rather have the chance to have a proper review when he has had time to get all the experts involved (DS's statement requires multi-disciplinary meetings every 3 months but we have had none so far) and the school have had time to get to know DS properly

He wondered if we could use tomorrow as a kind of interim review and set a proper annual review date for April or July.

Also, I have completely missed the fact that I should be providing some parental representations. I would rather have the chance to do this when all the evidence is in (we are waiting for a report from GOSH) and when DS is more settled but if I need to do them, what do I cover? DS was in another school from Jan-July and then HE'd from Sept to Dec.

Any advice would be appreciated.

Thanks.

I have just got hold of my solicitor who says in case this helps anyone else:

The rules say that when a statement is amended followin an annual review, the date of the next annual review should be within 12 months of the last review, rather than 12 months from the date of the amendment. However, when there is a statutory reassessment resulting in a new statement, then the review should be within 12 months of the date of the new statement. That leaves a gap in relation to amendments following an appeal, but I think that the 12 month period still runs from the date of the original statement.

Just to complicate things!

Our AR is early March even though we haven't yet appealed the statement issued and finalised end of September

I'm going to play stupid and say how happy I am with the placement and refuse to be drawn on any amendments to the statement saying speculation without current reports is futile.

Incidentally I read elsewhere that as an individual you are entitled to record all meetings with LEA (ICO advice) if it's for your own personal use. LEA's cannot because of data protection issues.

I'm thinking my very ancient cassette recorder in the middle of the table should save me from being pressed too hard on anything I don't want to speak of and might make them think twice before spouting the usual nonsense.

our AR is dated from when the LA issued dd1's (first) final statement.

we have AR in December. her current statement is dated late April, as that is when it was amended when the LA settled prior to Tribunal.

when we first sought advice on this (given dd1 was having AR 6 motnhs after her statement was issued, and we thought it was the LA pulling a fast one to try to shift her back out of her hard won provision) ,our legal advice was that the meeting we have at the school (with parental representations, and school advice etc) is not actually the AR, which actually takes place back at the LA, based on the notes/minutes from meeting. what we attend is the meeting to discuss AR, and the LA have a certain timeframe after that to do what the hell they like cogitate and let us know their pearls of wisdom

has the LA said they are attending, btw? if they are as in the dark as you and the school were, it might be helpful to go ahead (and write parental submissions during the meting) with the meeting with school,a nd present as a fait accompli. we were advised (our LA have never yet attended an AR) that it is harder for the LA to do something bonkers like remove provision, or arbitrarily decide on different provision against school/parental submissions if they can't be bothered to turn up in the first place... (looks very bad at Tribunal)

Sounds like an interim review would help the school to provide resources for your ds so I'd go for it.
You still get the annual review in six months.

Thanks. They are coming as school has asked them too. But I think school want to delay it now so they can get the provision in place and so they can get a clearer picture of DS's needs.

He has just been at GOSH for two weeks and we haven't yet had the report back yet.

Also, head wants to ask for transitional funding to support DS's transition. I understand this can be done without going back to panel and amending the statement?

latedeveloper - I think that is right if it is an interim review but the date for tomorrow was supposed to be an AR and not an interim.

Do I still have to make representations at an interim review?

You never have to. It is always your choice. Always fine to give your views verbally in a meeting. That said I would jot down thoughts beforehand. Also email and say you are attending on basis that is an interim review.

I think the difficulty is whether it is an interim or annual review.

If it is an AR, then I want time to make proper representations after seeing all reports.

If it is an interim, I just want to say - get the bloody provision in place.

Yes it is a year from the final statement. Some schools do all their AR's at the same time. DS's school do all of his class's in November.

I assume so - maybe just on the basis of what you and school think.

To be honest, with being away, and DS only having been in the school for two weeks, it hadn't crossed my mind to prepare for much more than a rubber stamping.