final statement = crap proposed statement

[chocjunkie]

received final statement last week and it is exactely the same as the crappy, shitty, inadequat proposed statement we received earlier.
following the proposed statement we had sent them a long list of things we wanted to get amended and everything, absolutley everything has been ignored.

anybody witha similar experience and how significant is it that it titled final statement.

any advice as to what to do next?

Final Statement means just that - the LA will not accommodate your requests so the only way to get the Statement amended is to appeal to Tribunal.

You can only appeal once you have a final Statement so you should do so now.

thanks wet, I had the bad feeling that it meant exactly that. anyways, was kind if expecting it in a way already. is it usual practice that the final statement is issued straight after the proposed statement?

It is unusual for a Final to be issued immediately after a Proposed - unless you have not contacted them to stste that you are unhappy with the Propsed Statement.

You did contact them after you'd received the Proposed to suugest changes so what usually happens is that they attempt to agree a mutally acceptable Statement before finalising it.

Either - they didn't receive your suggested changes so think you've agreed the Proposed Statement or they are totally unwilling to compromise on anything so have issued the Final Statement to permit you to appeal to Tribunal.

Of course if it does eventually go to Tribunal it will look bad for the LA that they didn't attempt to reach agreement with you prior to Tribunal.

I would compose a stiff leter to them stating that you're disappointed at their refusal (and issuing a Final without discussion is refusal) to discuss your DS's Statement and that as they've now issued a Final Statement they have given you no option but to appeal to Tribunal.

This gets the facts 'on the record' and should assist you at Tribunal. It also tells the LA that you mean business.

If you send that sort of letter I expect they will contact you and offer to negoiate BUT you must also have lodged your Tribunal appeal as strict timelines now apply.

oh, they received our response to the proposed statement (they acknowledged it in writing). anyways, a tribunal fits nicely into the long list of battles we have fought over the last years

It should be issued within 8 weeks but once they have your reply (the 15 days you have to consider it) they can issue the final one
So yes you have to appeal if not happy.

no lenin, not at all. only very few hours of 1:1 (dd has autism, on the more severe end, with very little s&l), nothing specific, just "access to", "opportunities for" etc. and it is written fir MS setting. that is why we demanded a lot of changes. anyways, will look into the tribunal thing now.was half expecting it anyways, so not really shocked.

Ask them to put in writing why they have dismissed your proposals so completely.

If any of this concerns disputed evidence e.g. S&LTs or EPs disagree about provision, SEN COP (para 8.32) says they should explain why they have chosen one witness' evidence over another's.

The law is quite clear about the specificity of the statement and they should word this precisely so you can ask them why they have not.

But they have decided to issue a statement and force you to appeal to get anything changed. This will save them money.

Get your appeal in.

thanks AE, that is good to know.

Happy to help in any way I can. Always feel free to PM me if I can help.

I had exactly the same thing. My LA told me they issued it to release the monies to the school all the while while corresponding with me about changes. They did not issue an amended statement and I sent in the papers to tribunal.
I have had a proposed amended statement which changed some of the things, but I have not cancelled the tribunal as I think that they are wrong, and I am still in talks with them, but they still have not met me face to face, despite me offering in every letter to them.
Definitely appeal.

oh yes, will do. just sorting my paperwork. makes one wonder why we got the proposed statement in the first place if they they give zero consideration to the concerns of the parents. I also offered a meeting (but got the final statement instead).