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Couple of questions regarding SA process please guys

17 replies

claw2 · 08/02/2013 17:43

My parental statement is now written in draft. What reports would you include?

For example i have about 10 SALT reports dating back all the way to nursery, which show that ds had the same difficulties then, that he does now, 5 years later. Or should i just include the latest one i have?

Do i need to show that he has made little progress for SA? or is this purely about his current needs?

Also deadline for parental statement is next week. When should i start looking at schools?

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StarlightMcKenzie · 08/02/2013 17:48

Current reports and focus on current needs. The LA have already made up their mind. Nothing you send will make any difference. Keep it short and to the point at this stage.

Is there anything 'new' that they didn't have the last time they issued a NIL, that they can pretend say is the basis for a different outcome this time?

claw2 · 08/02/2013 18:02

I have CAMHS A&E report and CAMHS referral to medical needs. EP report, all new.

Im still waiting on CAMHS care plan (they did send one draft one to me, but they messed up all the dates etc, so had to ask for amendments). Report from Paed and LA EP is still pending too.

They havent asked for SALT or OT assessment to be done as part of SA. So i will just include latest i have. They probably dont plan on including SALT or OT in a statement and i will probably have to appeal and get these done myself.

(on the plus side both PRU manager and home ed officer, had both suggested the school i had in mind. Both obviously work for the LA, so i think maybe LA have accepted that MS isnt the place for ds)

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StarlightMcKenzie · 08/02/2013 18:16

Give them the significant new documents then, but don't waste your time trawling and 'making a case' at this point.

What you have mentioned here should be more than enough, and if they refuse, it won't be because lack of evidence, however, it is helpful to give them a way out later when they can suddenly pipe up and say 'If you'd only submitted the one length swimming certificate, we'd have awarded a statement, - now you have we can.......'

claw2 · 08/02/2013 18:35

I really cant see them not issuing a statement this time. I think even they have decided that. But i am assuming, it will be crap and include very little.

But i get what you are saying, its not important at this stage. Should i even bother giving them copies again of reports they already have?

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StarlightMcKenzie · 08/02/2013 18:39

Yes. Assume that you are starting again (sorry) from scratch. Begin a new file and put copies of everything you send the LA in relation to THIS SA is copied and put in it, so you always know what, from your stacks of documents, they actually HAVE from THIS time round.

claw2 · 08/02/2013 18:56

Sorry i should have made that clearer, i have already supplied them with copies of everything, apart from CAMHS referral to medical needs, for this current SA in my Tribunal bundle literally just a couple of weeks ago, do i need to duplicate and send again?

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StarlightMcKenzie · 08/02/2013 20:19

oh, - no. Perhaps send them a letter confirming the documents already sent.

claw2 · 08/02/2013 20:53

Great thanks Star

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AgnesDiPesto · 08/02/2013 21:02

Claw I would list them and say they form part of your parental submission even if you tell LA in a covering letter that they already have copies they should attach to save photocopying them again

Everything that is part of your parental statement or attached to it has to go to all the profs involved in SA, be attached to any statement they issue, listed on the front of the statement, go to any Panel, go to any school they send a proposed statement to etc. They do not need to include anything they received before they agreed to SA. The clock starts again.

A tribunal in any future appeal will look at the evidence the LA based the statement on - which will only be the evidence collected as part of SA and listed on the face of the statement - if they can get away with leaving your reports out they will.

You need to make it absolutely clear they form part of your submission for SA.
The easiest way is probably to send it again and page number it so your statement first then continue the numbering through the attachments

I agree most recent SALT, OT, CAMHS, your EP
You dont want to go mad, so just the crucial stuff
If it ever does go to appeal again you can put in more at that stage.

StarlightMcKenzie · 08/02/2013 21:05

Sounds like it is best to copy them again to be safe then. What a bloody waste of time, - but you don't want to be losing provision on a technical point that is you only MENTIONED a report they had and didn't submit - Hmm

AgnesDiPesto · 08/02/2013 21:32

sorry to be PITA!

See SENCOP 7:78 The LEA must always give copies of any representations made by or evidence provided by the child?s parents, under section 323(1)(d) or section 329A(3)(d) to those from whom advice is sought.

8:30 All the advice obtained and taken into consideration during the assessment process must be attached as appendices to the statement

(8:30 does say parental evidence includes that given when considering whether to assess, but only what we submitted as parental evidence after the LA decided to assess was included and attached to our statement.)

8:32 The description in Part 2 should draw on and may refer to the professional advice attached in the appendices. (so if its not in the appendix you can't rely on it when wording part 2)

claw2 · 08/02/2013 21:42

Right, ok, not a problem, will do.

How about things such as ds's soiling problem, he was assessed back in Jan 2011 by continence assessment service, so report from them is old, but the only one i have. Havent been back since (as it just wasnt very helpful). Paed assessment as part of SA should cover it, should i include old report?

Same as with eyes, dx was in 2010, do i submit that again to be on the safe side?

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AgnesDiPesto · 08/02/2013 22:25

yes if you think it needs to be mentioned in potential part 2

we got told that lots of things could not go in the statement as we were the only people saying it and they could only use bits from reports! So for eg sleep problems. In the end we had to draft a section called parental views to get this written in.

Because obviously parents saying something is not evidence!

The LA also have to get evidence from anyone you ask them to so you could ask them to write to continence service etc but as you have not been recently they may just write back and say he is not currently known to the service!

MareeyaDolores · 08/02/2013 22:31

Just pop to GP for updated common-sense advice re soiling, then request copy of consultation note. Submit. Job done.

MareeyaDolores · 08/02/2013 22:32

Ditto eyes, though optician might be better.

claw2 · 09/02/2013 09:13

Thanks, GP is out of the question, all she can say is that yes he was assessed.

Why would they not ask SALT to assess ds as part of the SA?

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claw2 · 09/02/2013 09:16

Indie EP has recommended SALT involvement and assessment as part of SA. From the chat i had with LA EP she too was saying she found he has great difficult with communication etc.

Could they include SALT in statement, without having a recent SALT assessment, based on EP recommendations?

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