Refusal to access. This is just too complicated, can I have some perspective please.

[dummysguidetoSA]

I have namechanged for this, but I am a dad who has been posting here about DS1(3) dx ASD, GDD and would like some advice please. Sorry for the long post but I am trying not to drip feed here.

I applied for a SA for DS1 couple of months ago and as expected they have refused to access as he is not attending nursery at the moment. I have been offered a place locally at a 'ASD resource unit' but I would rather not send him there if I can help it. I know the next step is to appeal but here comes the dilemma.

We have been doing ABA with DS1 for a few months now and due to the lack of tutors locally, we moved away couple of months ago to a new place where we found tutors. we have not informed the authorities locally about the move because we wanted to continue with his medical care at the old place rather than go on a new waiting list. This in hindsight has been the best decision we made because not only has it benefited DS1 but DS2 is being offered excellent care as well and lot of issues identified which possibly could have gone unnoticed which is why I am reluctant to inform them. We still own the house and go back there for any follow up SALT, OT appointments etc..

All this has got so complicated that it has me wondering whether it is about time that we actually told the relevant authorities that we have moved and start the statementing process fresh at the new place. I am very confused about this now so I am posting here to get some perspective.

Appeal at the old place or apply for a statement at the new place. WWYD?

It's not so complicated. At least nothing is ever straightforward iyswim, so complicated is normal.

Hang on....

I think it would depend on who you want to carry out the SA once given? If your looking at sending him to school where you live now I would start afresh but if you want him in a school in your old area, I wouldn't tell them.
LA don't have to follow rules of statement given in another LA I think.

Lol @ star.

Lisad it gets more complicated. I forgot to mention we are only here for a year so ultimately we are hoping to move to a third LEA where possibly they are more favourable to ABA which both the current ones are not.

So if the statements are not binding, does that mean I shouldn't bother with applying for a SA until we have moved to the new area? I was leaning towards applying for one in the current LEA, but if it is going to be ignored, then is there a point?

They ARE binding, but the new LA reserves the right to initiate an immediate annual review on the basis that they have provision that is cheaper and more suitable than the provision you are receiving from old LA.

However, you have the right to appeal the outcome of the annual review.

Personally I wouldnt bother with fighting for assessments/provision from somewhere temporary, I think it just complicates matters.

And the time to appeal is when you're sure that your preferred provision is effective, good value, and that the 'alternative' is neither. And when you have accumulated sufficient evidence of this to mean youre going to win...

So you may need an ed psych, good data, detailed baseline, and arrangements to do a later 'trial' of the unit (or the equivalent where you're going later). If you've "moved" and not shared this, it might be used against you. If you're "staying near x for a while", people understand you wanting continuity.

The only fly in the ointment is the new system coming in, obviously you want things sorted beforehand as its probably going to be worse.

As frustrating as it is to have to put up with the time delays I agree with maria.

Any appeal of a statement will have to focus on the inability of that LA to make adequate provision for your child with their alternative provision to yours. This is potentially expensive, but certainly time-consuming to learn about all the resources that your current LA have simply to have to start again. Also if your current LA are likely to be particularly against what you want, their SA findings might be OTT in their opposition to it, which may be held against you in the new LA iyswim.

Thanks Mariamma and Star, I am glad I posted about this here. I think I will continue as we are and focus on the ABA programme. We have started collecting data and I am getting EP reports every six months to monitor progress. so I think I will have that covered if it is needed.

And it's not frustrating at all Star, at least not yet. I am happy to wait until DS is ready and the setting appropriate. I am going to do my best to get it right first time. Thanks again.

I have just realised that I am on Mumsnet while feeding DS2, I never imagined in a million years this is what I will be doing on a Saturday night...[grin.] he is asleep by the way, I am not neglecting him or anything.

The only thing I would be wary of is waiting TOO long. The closer we get to the date for 'all change' the more likely the authorities are to deny a statement in order to push you into the new rules iyswim. Those with statements already appear to have a little bit of protection (in the sense that people without statements are less likely to oppose the changes as they don't yet know they need to).

Star do you know when these changes are kicking in?