Amendment to part 3 of statement

[endoftherainbow]

Just received our amendment following an early annual review of ds3's statement. We've had a dx, which isn't mentioned and the education provision detail hasn't been changed but I suppose I should be happy that we've gone to 20hrs TA (prev 14) plus midday. Does anyone know what they mean when it states 'next annual review should be held.... of the substantive statement date'. Could it mean it all gets reviewed again at it's original review date?

Statements can be reviewed any time the LA want to review them, so wouldn't worry too much about the wording of that.

I'd be more concerned about the wording of the TA hours, as well as the detail of what the TA is expected to DO. Educate? Babysit? SALT? Social skills groups?

I would also be concerned that the dx hasn't been updated.

Rarely can you change part 3 of a statement without changing part 2 btw.

It sounds like you might need someone like IPSEA to review the statement with you and see if things should be improved upon.

Apparently the ed psych will update section 3. I've not sought advice from ipsea yet except their advice sheets. Can they do this kind of detail over the phone? I had thought it odd that none of part 2 had changed!

Well why have they sent you an incomplete ammended statement then?

Makes you wonder. Only found that out when I contacted to say I felt some sections needed changing.

Still being naïve asked school senco about section 2. She stated it needed to stay unchanged as it was required to show the child's history. I feel that I've been fobbed off and that I'm probably not suitably qualified to re-word part 2 as we've only got a ed psych report (not large) and letter confirming diagnosis. Part 3 seems littered with words such as 'opportunity to experience', 'an appropriately differentiated...', 'opportunities to improve..'. Needless to say I'm kicking myself!

sounds very wishy washy and you need to take some advice. part 2 shouldnt remain unchanged per se - if the child has new needs identified then these need to be in part 2 and then what help/support etc in part 3. the statement should recognise and reflect all of you childs needs not just the ones the LA/school want in

Always remember that the SEN Code of Practice is the 'bible' of SEN. SO:

"Amending an existing statement
8:125 The LEA can only amend a statement in compliance with an order from the SEN Tribunal, as directed by the Secretary of State, or in accordance with Schedule 27.
8:126 Where the LEA propose to amend a statement following an annual review or at any other time, whether to change the name of the school in Part 4 or for any other reason, they must write to the child?s parents informing them of that proposal and of the parents? right to make representations about the statement and the amendments within 15 days of the receipt of that proposal and to request a meeting with an officer of the LEA.
8:127 For amendments following a re-assessment, the procedure is the same as when making a new statement as set out earlier in this chapter.
8:128 For amendments following a review, other than after a reassessment, LEAs must send the parents an amendment notice that sets out the details of their proposed amendments. The amendment notice should be appended to the Notice to Parents set out at Part B of Schedule 1 at Annex A. They must explain the reasons for the proposal and ensure that the parents have copies of any evidence that prompted the proposal. Where a proposal to
amend the statement arises from the annual review, the parents should have already received copies of the review report and the school?s recommendations.
8:129 The LEA must consider any representations made by the parents before deciding whether and how to amend the statement. If the authority concludes that an amendment should be made, they must make that amendment within eight weeks of sending the amendment notice to the parents. If the LEA decides not to go ahead with the amendment, they
should write to the parents explaining why, again within eight weeks of the original letter setting out the proposal to make an amendment....
....8:131 When the statement is amended a new document must be issued which clearly states that it is an Amended Final Statement and the date on which it was amended, as well as the date of the original statement. Additional advice, such as the minutes of an annual review meeting and accompanying reports, that contributed to the decision to amend the statement, should be appended to the amended statement in the same way as the advice received during the statutory assessment. The amended statement should also make
clear which parts of the statement have been amended, so that parents and professionals can clearly see and understand the changes.......
....8:133 When the amended statement is issued parents must be informed of their right of appeal to the Tribunal against Parts 2, 3 and 4 of the statement and the time limits within which they should appeal, the availability of parent partnership and disagreement resolution services, and the fact that the parent?s right of appeal cannot be affected by any disagreement resolution procedure." (pp. 118-120)

SENCO doesn't know what she's talking about. Part 2 is supposed to describe the child's current difficulties - no teacher wants to wade through pages of description of what his difficulties were 10 years ago.

Sounds like you might be sensible to appeal against the amended statement. You could wait forever to them to produce any more amendments, but if there's an appeal hanging over them they might try a bit harder. It would probably be a good idea to get your own reports to show what needs to be changed.

The annual review is supposed to be carried out the term of the original statement, so if they do an extra one, in theory the LEA can do another at the normal annual review time ( actually they are supposed to but most don't).

Re the wording:
Part 2 should spell out each difficulty
Part 3 should be the provision for each difficulty in part 2.

I would be surprised if you could just amend part 3 now that you have additional information.

re the wording of the contents you should avoid "weasel words" as described here in the guide to checking and re-wording it.
Also have a look at this

I found that they were helpful in tightening the statement we have for DS.
so things like "opportunity to experience" could read x will experience ..... monthly/weekly/daily assisted by TA/Ot/etc (with appropriate qualification)

All provision in part 3 should be specific state how often and for how long and who will be delivering that provision and their qualification needed.

think of it as an "idiots guide to your child" Anyone reading it should be able to easily understand exactly what provision is needed, who ill provide it and how often and what their experience is.

Part 2 is now being changed and I'm being told to appeal following the amended statement being issued or to request an early review. Will attempt to work through it all based on the good advice.