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Statement delay

2 replies

NoPinkPlease · 07/03/2013 11:38

So, we were supposed to get the draft statement for ds on Tuesday this week and nothing had appeared so I ring the local authority. The woman on the other end says oh yes, the officer is delayed, it's going to panel on Tuesday (next week). So I say, so we'll get somehting by email / post after that. Yes, she says. Silence.

I know it's minor but letting us know / apologising is the order of the day when you miss a statutory deadline isn't it don't you think? We've been on flipping tenterhooks here. Should I do anything, or just inwardly seethe and wait (picking battle for later).

OP posts:
GranS · 07/03/2013 12:12

hello, many years ago I was in the same situation. I have found over the years that each county deals differently with the process of a education statement. My only advice to you is to breath deeply now - and in the future keep a log of all the calls you make and who you talk to and possibly the time you are kept waiting on a call. Call once a week is my advice and log it. THEN if in a time period of SAY a month if nothing happens write to them copying in the Head teacher of the school, the childs teacher and your local MP and also the Education Minister. Because at some point your vote will count with the MP. It is a sad reflection that the child is rarely seen for the needs it has but only as a figure on a budget sheet.
My experience / action was some 25 years ago but I feel it would still apply today. Deep breath.

moosemama · 07/03/2013 14:27

GranS's advice is excellent.

We've been through similar, only later in the process, when they refused to make the amendments we wanted, but failed to issue the final statement for weeks after the timeline set down in the SENCOP as well.

You need to keep a log of every call and email and what happens on what date, keep on top of them and if they don't sort their backsides out - follow it up.

We took advice from IPSEA in the end, who advised us to write to our statementing officer, copied to the Head of Department - in our case the Director of Childrens' Services stating we had taken legal advice and if they failed to issue the final statement in order for us to pursue our legal right to appeal then we would have no choice but to begin proceedings for taking them to Judicial Review for failing to follow due process. We did this and had a second proposed/amended statement through our letterbox within 48 hours of them receiving the letter (normally their post takes 7-10 days to arrive so that was amazing).

As for getting an apology - in my experience it really depends on the individual you are working with. There are good and bad statementing officers, just as in any field of work. That said, there's every chance even a good officer won't be allowed to apologise, because that would be admitting a failure to follow procedure, which could/would lead to them being found at fault should a judicial review take place.

We're now going through a similar loop again with naming a school - one month past the deadline and still no school on his statement. This time the initial delay wasn't their fault, it was down to the school, but now the LA is dragging their heels in discussing whether or not they will agree to fund his place and things are dragging on and on.

You have my sympathies. Nothing worse than sitting around waiting for something this important for your child, only to find out they are blithely going about their business at a pace to suit them, without a care for how it feels or affects your family. Brew

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