Part 4 - is this usual?

[provisionseeker]

School have finally thrown in the towel and admitted they can't meet needs. Ds is incredibly anxious so needs to be in the right environment as soon as possible. To complicate matters we have to name a secondary placement so have to pick a school that he can go to now and not have to move again him in September (have seen a possible independent for ages 8-19). The sm is also being re-written following dx and I should get that within a week. ( am told there is a lot of detail in it ). Had meeting with school and LA and I pointed out that sm needs to be finalised asap so I can lodge tribunal papers and was told that they wish to avoid that. There have been several hints about a local unit and we have said that that will be no good and is not an option. There is nothing suitable in county at all so I think they realise that an out of county placement is likely. We asked what suggestions they had and was told that they couldn't advise at all - not even a type of school but had a few 'ideas' . They kept saying that they have until Feb 15th to name a school but ds is highly unlikely to last in his current school until then and is under threat of exclusion. When I receive the sm can I just ask them to finalise immediately or do I have to wait while they drag their heels until February?

you sound like you are in my county! i would move to get it finalised if you can - february is quite a way away and if you appeal then it is the time the tribunals are most busy although it can sometimes be expedited. it depends how strongly you feel that they will do the right thing. if you feel they wont then you are best getting on with tribunal asap.

Thanks. I did stress that I needed to finalise asap but I just wondered if they could drag their heels until Feb claiming that they are looking for a placement. I did point out that they could finalise and I would lodge the papers and they can always have discussions in the run up to the tribunal but they didn't seem to be very receptive to that idea!

Yes, finalise ASAP and continue to negotiate meantime.

Wot Beautifulgirls said.

Just write asking them to issue the Final Statement but make the point that you are only requesting this so you could go to Tribunal if necessary.

Feb 15 is the date by which existing statements must be amended to show the school a chhild will attend in the September of that year (in a transition year).

They're wrong in saying they have until February. While your daughter is in a school that cannot meet her needs the LA is failing to comply with its statutory duty to meet her SEN, so they have a clear duty to get a move on with finding a placement that can.