Effect of Tribunal ruling

[appropriatelytrained]

Just a quick question. Our head has mentioned that he would like to add additional hours to DS's statement permanently. He has just organised transitional funding for an extra 5 hours (DS gets 20 hours on the statement and the school are paying for an additional 5 and wanted the LA to pay for 5 more to make it up to 30),

The LA have said to him that the statement cannot be reopened to add more hours until after the 12 months from the Tribunal ruling expires.

I can see that, if an increase in hours is contentious, the LA would seek to rely on the Tribunal ruling but I can't see how the ruling would prevent an increase in provision if all parties consent? Not saying that the LA would consent but surely this is only an issue in the event of a disagreement.

Can't you have an emergency review at any point, if needs change?

Frankly amazed that the Head Teacher should be requesting that another 5 hours be added to teh Statement. He's obviously given up any expectations of promotion within his LA!

The SEN COP states that ALL support a child receives should be included in the Statemnet.

I very much doubt the LA will agree to this

Blimey! Is that HT insane?

I don't suppose additional hours are impossible without a change to a statement. I mean we all know how 'largely' meaningless most of the provision written in them is anyway.

However, to get it ON the statement - Sorry, - I think the answer is that you need to wait for the Annual Review, BUT the HT can write requesting an early annual review based on this. The LA will most likely refuse but this would be useful evidence for any kind of appeal when you DO get to AR. You probably wouldn't need much in expert evidence/advice etc. so could do it on the cheap yourself possibly.

Thanks guys.

The thing is he was going to ask this at the annual review as it is only a few weeks away but the LA are saying he has to wait until July which will be a year from the Tribunal ruling.

And as for our head......wow, he's fab. But I feel karma owes me this one big time!

Ask IPSEA or SOSSEN what the date should be. I know that 'usually' LA's take the date a year from when it was FIRST finalised, not when the tribunal eventually ruled.

Usually this suits them although obviously not in your case.

Well that is the thing - the annual review has been agreed for March (it was postponed from Jan as DS was at Gt Ormond St). This is a year from issue of statement.

However, they say that even though the annual review is March, you can't do anything as a result of it until a year from July.

Yeah right [Hmm]

Personally I'd go ahead with it to make sure it happens and then request that any delays until July are explained in writing to you copying any relevant laws etc. Get that request in writing either the day or the day after the AR.

In a non-vexatious way of course

I think you are right. We have our advocate coming for the AR so I'll let her do the asking!

AT, my understanding is that the AR is due one year from the date of the statement unless a completely new (not amended) statement was issued.

If the LA fail to make the amendment following the annual review recommendation to do so then I think you would need to appeal against refusal to amend (if no amendments are made) or against the amended statement if amendments are made but not the ones you want.

When the LA completes the annual review by sending you the letter it needs to send to complete the AR process then it should outline your right of appeal.