Been sent final amended statement, haven't even had meeting with LA yet!

[starfish71]

Am really upset, received an amended final statement this morning for DS2. This is an amendment which I have been told by IPSEA is not legal as DS hasn't had an annual review or reassessment etc.

They have changed wording and provision of his SAL therapy from twice termly to twice yearly. I have been in touch with LA and told them I didn't agree with the proposed amendment, was not sure how they could amend without an annual review and requested a meeting, which is on 26th April.

The last email I had from LA was that officer was seeking advice from their legal dept after I had said I wasn't clear on what grounds they were issuing an amendment.

I am depressed at the moment and not sure how I can deal with this.

Know I am always seekng help and not offering advice but please can anyone help?

Ok have had a quick look, it does say

F12A(1)A local education authority shall not amend a statement except?
(a)in compliance with an order of the Tribunal,
(b)as directed by the Secretary of State under section 442(4), or
(c)in accordance with the procedure laid down in this Schedule.
(2)If, following a re-assessment review, a local education authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

Do you think the SALT report is considered a re-assessment? Even though it clearly shows the difficulties DS still has?

Just hope I haven't made a huge mistake in appealing this, but I guess the fact they sent final amended statement out without even meeting with me shows LA are being unreasonable?

Dreading opening my emails in morning, but I do feel I am doing the right thing if that makes sense?

Starfish, that bit you've quoted indicates that IPSEA are wrong in saying you can only amend after a review or reassessment. It says in effect that the LA can amend at any time provided they follow the procedure laid down in the Schedule. Later on, it says

"If, at any other time, a local education authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review."

Which indicates they can amend at any time. So I think the amendment was perfectly valid, and you are quite right to have entered the appeal. I also think you can't do a judicial review because the appeal is the way to challenge this. You will need to get your own independent SALT evidence to prove what your DS needs.

Thanks nennypops, yes onto independent speech therapist tomorrow. Oh god, feel brave this time of night, be quivering wreck again in morn.

Well I have had an email from the Manager at LEA saying he had been on leave and didn't realise the final statement had been sent out! And he was willing to recall it until we had the meeting. He is still waiting to hear from their legal team. Mmm. (This sounds odd doesn't it?)

He asked if I had lodged my appeal yet, which I have. Wants to meet next Tuesday.

Have also had acknowledgment email from SENTW that they have received my appeal application.

Need to find a SALT now.

Do not cancel your appeal

And check with IPSEA whether recalling the amended statement 'till we have the meeting' and he 'hears back from their legal team' is as odd as it sounds. To me it sounds like 'oops I've broken the law'

Thanks Mareey no I won't cancel appeal. Will speak to IPSEA again too. Have heard from parent partnership and they are ringing me Wednesday to arrange a meeting with them.

Still feeling awful, just seems so unnecessary.

I haven't had time to look up the law but as far as I know they must issue a proposed amended statement and give you opportunity to comment before issuing final. You can refer to common law rules of natural justice (fairness and right to be heard). It may be you don't need a formal review under law but sencop I think says the mechanism for changing a statement is annual review. Sencop is not law but strong guidance which means have to give reasons why it has not been followed. Then there is loads of govt guidance on working in partnership with parents etc including in health - David Cameron's infamous 'no decision about me without me'. Sounds like you will get a meeting then a proposed amended statement then a final one probably identical to what you have now but further down the road. I have heard of ABA cases where parents have threatened JR if ABA was not kept in place pending tribunal. But perhaps that's an urban myth. Good luck with meeting. Hopefully they may realise you will appeal and may decide its less expensive to leave salt as it is...then go after other parents who are easier to fool.

Good for you Starfish. Good for you. Someone has got in a panic. They don't want this crap before a Panel - though plenty of time to patch it up.

Keep your appeal in. Speak to SOS-SEN - I find IPSEA a bit ropey on some more testing issues. They will probable be able to get you a bit of free legal advice with Maxwell Gillott.

If your child is without provision under his current statement, think about JR that or make a complaint to LGO (the JR route is probably best).

Thanks Agnes and inappropriately, really helping me to have advice and support.

Well, only emailed my appeal application to SENTW Sunday, have received letter lunch time telling me its been registered!

So got 30 working days to get my case statement in, going to have to get Independant report done pretty fast aren't I? Waiting for a speech therapist to ring me back this afternoon. Really hope can sort this without going to tribunal, am a wreck at moment, both DS's back in school today after inset day and I went back to bed.

starfish - i wouldnt panic about your salt report - reports dont have to officially all be in until the final submissions which is about 16 weeks away. i didnt send all my reports in initially as it can take a while to get reports done etc - also you dont want to get it done to earlier then show it to the LA who will then try and get another report to discredit yours - it really does becoame like a game of cat and mouse rather than ensuring your child is correctly supported. i have a feeling they will back down at your meeting

Thanks bjkmummy that is helpful, I was just thinking how on earth will I get DS assessed and get a report done by end of may!

So I just concentrate on my case statement and tell them a report will follow?

Oh I hope they do back down, then I can just concentrate on getting them to actually give the provision they actually have in the statement..

Yes just the case statement is ok
I would hold fire on a report - or book it for after you have LA appeal response and before last date for evidence in case LA backs down
If they are doing this to save money LA may decide its not worth it

Any examples of how to do a good case statement?

Am having trouble finding a private speech therapist, all I have been in touch with so far are all too busy, fully booked up. Will plough on.

I have found an independent speech therapist who has good experience working with children who have autism and I am meeting her tomorrow.

I am keeping DS home tomorrow so she can meet him, look at all his paperwork and then arrange for the assessments to take place.

In your experience are schools willing to allow independent therapists into school to do assessments? Am hoping it will be ok.

Then will have to start on my case statement, still don't know where to start. Meeting with LEA on Tuesday, not looking forward to it at all.

Meet with indi speech therapist today, she meet DS, started doing assessments and is arranging to go into school. She seems to know her stuff.

Preparing for meeting with LA tomorrow. Been speaking to SNAP (p partnership) and she really feels there has been a maladministration error in how they have proceeded (not contacting me prior to sending out the amendment notice or final statement)and although tribunal don't deal with issues of process they will take it into account.

She thinks it won't come to tribunal but we will see. Have committed myself now to the Independent report so will see what happens.

Any advice on how to handle tomorrow's meeting?

Keep Schtum and take lots of notes on an imposing clipboard

Yes mareey, that's what my head is telling me to do! As DH has just said, we are not there for a slanging match. But the LA man is sooo arrogant.

Will focus on note taking...