Can anyone help - need some MN wisdom!

[WhirlyByrd]

I'm hoping someone here can help, I've been around for a long-time but name changed due to being recognised in RL. I have a primary age DS with ASD whose due a statement review. In part 3, his statement says 'X will be developed... discussed and demonstrated' by [outside NHS provider].' This hasn't happened and when I chased them up about it, a (very junior and inexperienced) member of staff told me I may as well forget it, there's no money in the budget, go private etc etc. Can they do this, when effectively his statement says this should be provided? I've been lax over the past year and feel like things have drifted a bit and am now kicking myself that I haven't sorted this out earlier. Anyone advise what I should do and what my rights are? I've had a quick glance through the code of practice and I cant see anything to help me.

a statement is legally binding - LA has a duty to deliver whatever is in the statement.

not sure what your next step should be but I am sure somebody more knowledgeable will come along.

If its in his statement and hasnt been acted upon then the school have failed to meet his statement needs.

You can email the LA officer and plainly say that you feel his statement has not been adhered to and explain your reasons and request a phone call or meet to discuss. Always do it in writing!

As a statement review is due, should they decide to be crafty and miss it out you can still prove that this intervention is still required as it has not been done :)

The LA are responsible to make sure the school acts on the statement.

The problem is that the providing agency (NHS) are using the funding argument and the school are saying it doesn't affect him in school, which we believe may be partly due to the fact that they have limited understanding of how it is affecting him (it's an additional thing to his ASD) Sorry to be vague, but I am very wary about being outed by this as it is a fairly identifiable set of circumstances.

I thought I was right in thinking that the statement was binding. Thank you for confirming

Ok so I could be wrong here and I would seek further advice or perhaps another poster might know but if the NHS are crying out funding and the school are not arranging it (due to their limited understanding of course [winks]) Can you then supply a private proffessionals name with a quote and request if the school/nhs wont do it the only alternative is for the LA to play for a private one??

Oooh, that's a though, coff33pot might focus their minds a bit! I'm more pissed off with the outside agency than the school, tbh, as the school is otherwise good. I'm gathering some info to take with me, but the hard thing is getting anything put in writing. I did point out to the NHS bods that I could always do a FOI application and access DS's notes that way

HERE is something on IPSEA about your kind of problem. Complete with model letter - just scroll to the very bottom of the page. hth

If the NHS won't provide it the duty falls on the LA to fund it - privately if need be. So you can write to the LA and say the NHS has confirmed they cannot provide this part of the statement (drop junior bod in it if necessary) and can they please make arrangements to purchase private provision so the statement is met.

The only reason not to do this is if you have an imminent annual review as they will then say your child does not need it and whip it off the statement - so if this is the case you might want to see if you can slip it through the next review and then start shouting about who will provide it.

If the LA will not fund you can make a complaint and take it the Local Government Ombudsman - LGO can only look at LA not NHS or school so you first have to complain to LA.

Thank you for all your replies AgnesDiPesto that is particularly helpful in this case