What should I do about this?

[shiftyshadesofshea]

Regular name-changer. Long ongoing saga but basically ds was placed on a part-time timetable for almost a year which appears to be all because of funding issues. I have made a major complaint which is still ongoing at top level of LA. Have also only just obtained a dx so no paperwork is available yet. Dx is ASD predominantly PDA which I know is something most schools have little experience of.
Head of SEN has contacted to say that sm will be increased to provide full time support so ds can attend school full time. Sm review meeting was held just before hols when we had no dx although everyone had a good idea of what it would be.
I have been given 2 options and not 100% sure what would be best so any advice would be appreciated.

Option 1 - LA issue final amended sm to show the increased hours with everything else remaining the same. They can then consider amending parts 2 & 3 to include advice from EP and Behaviour Support following the next review by which time the diagnosis report would have been received.

Option 2 - Issue a proposed sm with increased hours and including the advice from EP and BS. We then have the 15 days to comment before the final sm is issued. They would then need to amend the sm in the future when dx report and advice is available.

I am hoping that the dx report would be received by September. It's ds's last year there so a transition review is presumably due at some point too. Have not decided on the next school yet.

TIA - popping out but back later.

The DX is immaterial. Support is based on need alone and not based on any specific dx. |They therefore have all the information they need to draft the Statement.

Option 1 - would the road to appeal as it's not acceptable

Option 2 - would also probably end in an appeal if the proposed Statement doesn't give you what you want and the LA will not increase it.

You would have a strong hand at appeal as you've proven he's been on a reduced timetable for a ridiculous amount of time.

Update- I went back to them asking what would happen if the paperwork was not completed by start of term as we didn't want school to have any reason not to have him back full time. I have now received the final amended statement today showing the increased hours but none of the advice from professionals although as mentioned previously the CP's advice won't be available for 2-3 weeks yet. I do have an e-mail from head of SEN stating that the sm will be amended again in the Autumn term to reflect all the evidence and the school he will go to next year. Do you think this is acceptable? - would they really try to stitch me up when I have a major complaint ongoing about illegal actions taken by the school and the provision they failed to supply?

Yes they would stitch you up. Why would they issue an amended statement then when they have a whole year to stall expense? The dx is irrelevant anyway. Any competent SEN professional would have a clear picture of need by now. You 'may' get round this by having written IN the statement that it will be reviewed again on x date.

He has full time hours now Star so they will have to provide that from September in any case. I have to name a new school in the Autumn term so it has to be re-written again anyway. How will this stall the expense?

You have 2 months to appeal. I would be prepared to do so if the further evidence and rewritten statement is not done within the 2 months. You don''t have to go ahead with the appeal, you can pull out at any time - but its useful to have it as a backstop. You don't want to miss the window of appeal and then live with a crap statement which doesn't deliver what is needed for months before you finally get a rewritten one. If you miss the appeal they will have no incentive to rewrite it quickly especially if the school are not keen to deliver all the recommendations. Giving the school the funding and the school actually putting the provision in place are not always the same thing.

Thanks Agnes. We had problems with a previous school when sm was first agreed and it took months for them to do anything so I do know what you mean.
Current school have said they won't have him back full time unless there is full time funding in place which they now have. I will be watching very closely to see that he gets the support.

Just had a thought. If the sm gets re-written in Autumn term does the 2 month clock start ticking again?

You have 2 months to appeal from the date the final statement is issued. I think agnes is saying that now the final sm has been, put in your appeal. If the changes from EP report are then included and the statement is amended to your satisfaction, you can withdraw the appeal. If the LA doesn't make the changes, then you go ahead with the appeal.

The fact you have submitted an appeal should help make focus them a bit. Or they'll just do nothing, in which case it is obvious they never intended to make the changes in the first place.

But when they re-write again surely they then have to issue a further final sm? Wouldn't I be able to appeal at that time? sorry, am confused and stressed out with all this at the moment

Oh I see what you mean. I'm not sure how it would work - but if they're going to re-issue a final statement with the changes you want, and the name of the school, I assume that would mean that, yes, you'd again have a further 2 months from that date to submit an appeal.

But imo it's best just to stick the first plan for now - ie put the appeal in against your existing sm and see what they do. You cannot afford to miss the 2 month deadline for this. Then see what happens, whether they amend it in the autumn to your satisfaction - if they do so you can withdraw.

You have fantastic evidence if needed, in the form of the email from head of SEN. You have nothing to lose.

Sorry my last post might have been a bit confusing.

What I mean is, yes you would be able to appeal in the future if they issue a new statement, but imo don't worry for now about what they might or might not do in the autumn. Work with what you have at the moment. Which is a statement you're not happy with, which doesn't include relevant professional advice, or name a school. So appeal against it.

If they change it to your satisfaction (as they've promised to do) they'll have to issue a new statement. If you're happy with it you can withdraw the appeal.

If you're still not happy with it you can go ahead with the appeal.

If they don't change it at all, you go ahead with the appeal.

Most important thing is to lodge the appeal within 2 months of the date of your current statement.

According to the head of an independent SS the 15 day to respond rule can be amended. As you have a valid reason (awaiting reports, summer hols) you can write and request that this is extended. I have not reached this stage yet so not sure about whether the LEA is obliged to extend but given that around 70% of DC at the school have statements I am assuming that the head gave valid advice.

Logically, they cannot refuse an extension. Or you'll simply say 'no I don't agree with the statement because it doesn't have all the information'. Then they'll finalise, then you'll appeal, then you'll get the information, then you'll negotiate.........

It would be absolutely daft to do it this way. So just ask for extra time, in writing, and you'll get it.