Removal of statement - should I be worried?

[JodyJHerts]

My 14 year old son has cerebral palsy and has always had a statement throughout his schooling. He is only physically affected (uses a wheelchair) and is doing very well academically. I have just heard that the education authority is suggesting his statement is no longer necessary. Just want to know if this affects the scribe/extra time he will get for exams etc. He also has one on one help for PE. Other than that he is very independent. Any thoughts, should I be concerned?

It affects everything and you must appeal against this

It's called a proposal to cease or a cessation of Statement.

It happened to my DS.

I was told that it's a very very rare thing for a Statement to be ceased before a child is 16 i.e. still in full-time education.

If they take the Statement away he has no legal right at all to any of the support that the Statement says he must have.

Without a Statement any assistance is provided at the whim of the LA and can be stopped immediately without appeal.

He would get no 1:1 help for PE automatically - just what the LA/school feel they can offer.

He may still get the scribe etc but again, if it's not in the Statement there are no guarnatees.

So yes, you should be very very concerned and should write to the LA stating that you are opposed to their proposal to cease the Statement and will appeal to SENDIST should they attempt to do so.

If they then go ahead and formally propose to cease then you must lodge your appeal with SENDIST so the Statement can remain in force until the Tribunal has given its decision on whether the Statement should be continued / stopped.

Please see www.ipsea.org.uk

From your user name it seems that you are residing in Herts. They are not a good county to deal with at all with regards to any aspect of special needs; infact IPSEA receives more complaints about Herts than any other county.

Sounds like your LEA are doing this primarily to save on costs (this is typical if it is Herts) and are not acting in your son's best interests.

Statement gives him legal protection that will be withdrawn if the statement is removed. Do not accept this lying down under any circumstances, do exactly as WetAugust advises above. Show them that you are not to be messed with.

By 2014 under government plans statements will be replaced by education, health and social care plans and include a right to support up to age 25. There will also be a right to take any provision e.g. wheelchairs by direct payments meaning you will have more flexibility to purchase equipment yourselves. (SEN Green Paper)
I can see why they are saying he does not have academic needs that cannot be met from school action / action plus but you would potentially by waiving legally enforceable support and the right to direct payments for equipment and health care until age 25.
So if for e.g. he needed support (from education, NHS or social care) at university etc then it would be much easier under a Ed, Health and Social care plan than without one. By getting support in direct payments you would have more choice over any post 18 provision / transport / care etc etc
At present the govt are saying that children with no education needs i.e. just health needs are not going to be entitled to a Plan - but there is a campaign (Every Disabled CHild Matters) to say children with physical needs should be included.
I can see that not having a statement between 14 and 18 may not make much different if the school is good at putting in support but you will lose potentially 7 years of support after 18. Adult services are often not a good place to be so I would be trying to hold on to that legal right as long as possible
A scribe in A levels or even in college lectures might be very valuable and worth fighting to keep the Statement now.

Timing is key here. How and when did you find out?The lA must write to you informing you of their intent, and you have a right of appeal (two months) from the date of that letter.

Many thanks for all the interesting comments. A good point to consider from AgnesDiPesto regarding future support through Uni, which I hadn't thought of. I certainly won't take it lying down!

Yes, be concerned

And get independent advice

and tell his CP doctors as well. Has he had neuropsych testing? Even with high IQ, it often shows up an imbalance in different subskills, especially if there's ever been hydrocephalus.