Withdraw appeal? LA willing to backtrack

[starfish71]

Had a meeting with LA manager on Tuesday to discuss the fact that they issued a final amendment notice which reduced SALT for my DS and without holding an annual review, meeting with me to discuss recommendations etc.

I have got an independent therapist carring out assessments on DS and she is going to do a detailed report as I have an appeal registered with tribunal.

Well after Tuesday where LA agreed there had been some possible errors with sending out final statement etc without meeting, told me he would meet with their salt therapist and see if she stood by the reduction in therapy.

The meeting was quite strange, oddest one I have had with them.

Anyway have just received an email that says they are willing to put back original provision and with a written guarantee that it will be provided and that our therapist report will be taken into account at annual review.

Right, my head is pounding am feeling rough today, opinions wanted please?

Thank you x

That is some back tracking from the LA - shows how wrong they clearly were in what they wanted to do, to just now offer you all of that shows that they really were trying it on. Wonder how many other parents have not fought it and just accepted it?

The salt that is now going back in - are you happy with the level the LA salt is offering or do you feel that it may not be adequate enough?

I know bjkmummy, it would be twice termly monitoring as it stands.

Am just bit nervous that it is enough when I don't have our independent report yet.

It really depends whether you're happy with the statement as a whole. Have you been able to take advice from any independent experts, e.g. and educational psychologist?

I think I am happy, it will be so much less stress and I would closely monitor that they are delivering the provision.

I know this is good news and I should be really happy that they are backing down but am just feeling flat and a bit depressed.

Am happy with placement, support nennypops, just wondering why I feel like crying.

This is what happened at our appeal.

LA offering level 2 provision. I was asking for level 5. They laughed and ridiculed me. I got independent reports saying DS needed level 10 provision. On day of hearing LA offered Level 7 and we lost the tribunal. DS then got level 7 of provision.

Bloody circus!

Star - how do you find out what provision is at each level?

That would be interesting to know, star it is a circus and it stinks.

Do you know what LA said to me at meeting? Well you must remember the therapist works for us. This is when they said they were going to talk to the therapist to see if she stood by her recommendations.

I mean what?! So it doesn't actually matter what the child's needs are does it?

Sorry. The 'level' are just illustrative.

I.e they wanted NO Salt, I wanted termly Salt, Indi wanted daily Salt and DS got 3x weekly salt.

We had our independent SALT report included in the statement. Will they do that? My daughter now sees SALT twice a week.

This is what I am thinking but independent SALT has not done report yet, has been in to school today doing observations then doing rest of assessments next week.

Do you think they will stick to their word and consider the report at annual review, which should be end of June? I suppose the guaranteed twice termly is much better than the complete lack of therapy he has been getting.

They should take the report of an independent professional into account. We had the one on my daughter included so we could then say the school and LA could not meet her needs and she now attends a non maintained school in a different LEA.

Dear LA bod
Thank you for agreeing to reinstate the withdrawn provision for the time being, and for your confirmation that indie SLT will be considered at our AR in June. Please tell me why you've now caved in so suspiciously What was the outcome of your conversation with local-SLT?

Our tribunal date is x. Indie report is due on y. Perhaps bringing AR forward would help resolve this confusion as speedily as poss.
See you at tribunal Kind Regards, Mrs Starfish & Co

Don't cancel the tribunal until you have what you want in your hand. Maybe postpone the independent assessments if you feel they may not be necessary though? It sounds promising but ensure you get what you need here.

You won't get the SLT meeting minutes. They go like this:

Does mini-starfish need SLT? Yes
Does he tick the boxes on our hastily written illegal policy? No
Can you provide it by magic, at no cost? No

Would you come to tribunal as a witness and lie through your teeth, making a complete fool of yourself and risking being struck off? No
Can we bully you to do so? No, f* off, I'm calling UNISON

At Maryeea

I smell a rat. They sent an email AFTER your indi went in?

Hmm. Perhaps they're worried that you'll be asking for a lot more as a result of this?

Thank you all. Yes it is all very odd. Funnily enough spoke to indi therapist this morn and the LA salt was there yesterday too seeing another child in class, they only had a brief chat about the assessment.

Still haven't sent a response to LA yet. Maeery I like your salt minutes!

Bump. Shall I send email saying I accept but pending indi report? Or yes please that's great and just see what indi report says and if it varies greatly from what they proposing ask for statement to be amended at annual review - approx 2 months away?

Are you certain there will be an annual review in 2 months or will it now be 12 months given they will consider they have reviewed the statement? I'd ask for confirmation in writing of when the AR will happen first.

Yes that's a good point, will double check that, thanks.

Neither you nor the LA really want an expensive and time-consuming appeal (how nice to have something everyone can agree on ). So what is the first possible date for you to get a proposed amended statement following an early annual review?

What is the last possible date to withdraw your appeal (usually 10 days before the planned hearing I think?)

I have asked the LA to put in writing what they have agreed to do in emails.

That is, twice termly monitoring that is actually going to happen and be on going, until at least annual review 2014.

Independent therapist report looked at and considered at this years annual review. Which will be in couple of months time, if I get report by end of may will ask for an early review.

They have said they are happy to do the amendment and put in writing the above, once I get that will withdraw the Appeal. Have I done good do you think? This has caused my depression to go off the scale, just want it settled.

Suggest withdraw the appeal at the last possible date (or when a satisfactory statement is in your hand, whichever comes sooner).

If you tell your indie SLT that you're being pressurised to agree provision before you get her advice, I'd imagine she would a) hurry up b) be quite cross with your LA and c)tell you a promise about seriously considering her report at some future date sounds pie-in-the-sky unenforcable

is your appeal date before or after the summer holidays?

Case statement to be in by end of may, tribunal before summer hols. Will ring my indi therapist now.