Really need some help please - Anyone heard of a statement without funding?

[proudmum74]

Hi, apologies in advance for the length of this post...

DD has just turned 3 and has Down's, hypermobility in all joints and partial deafness; she's had a statement for the past 3 months that states all the programmes that she needs, and specifies 1-1 or small classes (they've left it as a hybrid statement, so we can choose either or mainstream or specialist)

I shared the statement with all her professionals, who all agreed it met her needs, so i signed the final version (i know this makes me naive at best, but more likely just stupid)

The problem is we live on the boundary of 2 LEA's ( she receives Ed from the LEA where we live, but health from the neighbouring one). So the people I asked to check the statement work for the neighbouring LEA. They all assumed that the statement comes with funding, as did i, but it turns out it doesn't. Our local LEA are insisting that they don't need to fund anything until DD attends school (in 18 mths time), as it's our choice to send her into a setting, rather than a legal requirement. Tried the parent partnership, but they were useless & backed up the LEA suggesting we fund the extra support ourself.

So basically I've totally screwed up, as before I went for a statement she was receiving 1-1 support for 20 hrs a week from the neighbouring LEA where she attends a mainstream nursery, but as soon as she got her statement they pulled all support, saying it's our local LEA's responsibility to support DD.

DD's SENCO has been trying to fight this on our behalf for the past 3 months, and has written endless letters / emails to our local LEA pointing out their legal obligations, all of which have been ignored.

So - what else can I do? Is it too late to threaten tribunal, given I've already signed?

TIA

Does the statement name the placement where she is? If so, my understanding is that the LEA would have to fund it, and also to fund the therapies etc there.

The fact that you've signed to say you agree the statement doesn't stop you going to the tribunal, but if it's more than two months old you're too late to appeal.

You might need to get legal advice, and you might be able to take legal action in your daughter's name. You'd probably get legal aid for that.

Thanks nennypops - unfortunately it is just past 2 months (if you include school holidays).

The SENCO sent a note to the our local council over a month ago, to ask them to reconsider on our behalf - does that count?

You have 2 months to appeal so go ahead with that if you need to. Is there a placement listed in part 4? If not then this is what will need to be sorted as without this the statement can't really be effective as there is no specific place the statement applies to.

I would give IPSEA a call and discuss this with them in more detail. I'm sure they will have someone with the answers. Ultimately it is your LA where you live who have to fund this and they have a legal responsibility to do so. The question really is whether the statement as it stands is water-tight and defines what will be given and where/when/how often. Appeal may be needed to get the wording or details right in the long run.

just to answer the title of the thread - YES our LEA does these - it was one of the reasons cited by the case officer for not giving ds a statement - one of the arguments she used was that even if he had been eligible to get a statement, it wouldn't be a funded one. ...And they are focusing on children whos needs require funding. While this is totally fatuous, it seems that it is possible for them to specify what a child needs without providing funding.

IPSEA have been tweeting that their phone lines are open - so get on the phone now before they get busy ....