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If the proposed statement needed 'work' and further assessments and advice ...

3 replies

donburi · 25/11/2012 17:33

How long can finalisation be delayed beyond the two month deadline? I don't think they are going to meet it and I know there is some leeway. Still haven't named current placement as preferred school even though there is a default policy that if you don't, they will do it anyway.

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beautifulgirls · 25/11/2012 20:18

I think mutually you can extend as long as you want really, but think hard about doing this. If the LA are not prepared to agree to what you want now, will delaying things actually change their mind with any new report? You can finalise things anyway and still continue to negotiate. Once you finalise you have the right to appeal and since that will be several months away from happening there is still time for the LA to listen and act if they want to. At least you are not delaying an appeal this way should it come to that. If the LA back down in the long run then you can cancel the appeal.

Veritate · 25/11/2012 21:52

The time period can only be extended if there are exceptional personal circumstances affecting the child or parents during the 8 week period; if either are absent for at least 4 weeks over the 8 week period; if the parents say they want to make representations to the LA about the content of the statement after the end of the 15 day period for making representations; or a meeting has taken place about the statement and the parent has asked for another. Also, in practical terms, it is open to you to consent to the deadline being extended. Beautifulgirls is right, if the reality is that you aren't gong to reach agreement you might as well push them into finalising and move on to an appeal. There is nothing to stop them continuing to work on the statement whilst an appeal is going on.

donburi · 26/11/2012 14:26

Thanks - I understand a bit better. Is there any reason why a school would insist on a statement remaining unfunded (lower band) and not support you in asking for more funding from the LA?

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