Ds has been offered a place at Indi school. Some advice needed quickly please

[claw2]

Statement is still in draft form.

Indi school are saying they can meet needs. LA are saying they will fund indi school.

Do I just agree the statement?

They have already stated in their letter if I want statement finalised at this time and school named, I cant make changes. Do it at review in 6 months.

'They have already stated in their letter if I want statement finalised at this time and school named, I cant make changes. Do it at review in 6 months.'

WTF?

Oh I can see why you'd want to accept this but tbh, this has me MORE worried that they are up to something rather than less.

I'd like to see what others say about this but blackmailing you out of your legal rights is a bit frightening and I would be tempted to do one of the two:

a)Get the statement, then appeal regardless of their stupid law-breaking rules.
b)Write to them asking for them to clarify why they are telling you that you 'can't' make changes, being that this is at odds with the law, and that it would be unethical as your ds' parent and guardian to give up your ds' rights, simply to save yourself some additional paperwork or stress.

Unlike Hot Chocolate, I don't believe in miracles.

As parts 2 and 3 are so weak the only 'problem' is that DS is 'refusing' school. If in 6 months he is attending f/t with no therapeutic intervention etc then the problem has been resolved and any m/s school can meet his needs (because according to the statement he does not have any). If he is unable to attend, the indi school can't meet his needs. Win/win for the LA.

Have your LA explicitly said whether they see this as temporary or for the rest of his educational career?

Can you perhaps just ignore their silly letter and write to them as I suggested above?

i.e. Parts 2 and 3 as currently written do not clearly state your ds' needs and will need to be re-written, however you are grateful that they have agreed to a placement in x school as you feel that they will be able to meet ds' needs, though it is still important that parts 2 and 3 reflect them.

Therefore, you would like them to finalise asap (in order to start your ds' in his placement asap), bearing in mind your changes to parts 2 and 3 and hope that these are included.

Say nothing about agreeing not to appeal ffs.

Sorry Star I should have made that clearly I wrote to them first doing as Agnes suggested. I accept with the proviso that more detail be added to statement at next review. Home tutor can do gradual withdrawal etc.

They have replied stating review in 6 months, upon receipt of annual review reports they will consider changes or not.

Home tutor can attend etc.

If I am in agreement with statement being finalised at this time, naming indi school, my representations for changes are not relevant and I should request them at review.

Okay, so it was your suggestion/compromise!?

Have they agreed to the proviso?

Yes, it seems that way, review in 6 months will be written into part 3.

At review any requests for amendments will be recorded (including mine). Annual review reports etc and they will agree or not at this time. If not I can appeal.

Then agreement with statement being finalised at this time, naming school, the representations im making for changes at this time are not relevant. Do it at review.

Home tutor can attend school and they will fund.

Once I agree to above, a start date will be given.

Will the school be named in part 4?

Yes

Well I guess you need to agree then, BUT, Make it absolutely clear as Agnes said, to be consistent and demonstrate that you always had serious doubts about the written parts of 2 and 3, but are only really agreeing to it because you want to get ds into a school setting asap.

When the AR comes, you don't want anyone claiming your suggested changes are a surprise and that you are raising the bar iyswim, nor 'new issues' that are a result of his placement and justification for removal.

I just hope that once he's there the LA get over themselves and forget about him.

Sounds like the sensible thing to do is go ahead here and finalise. The school will help you to gather further evidence for review anyway and should help back up your request for changes.

As also said above, you have legal rights here. You can still agree to finalise and then appeal now if you want despite what they are saying to you. Honestly though I think get him moved, take a break and be ready for the review and fighting after that. You may have a clearer picture yourself by that point of what is still worth fighting for and what is being given anyway and isn't worth the stress of getting in the statement. My DD moved to indi school (Kent) in May and is a different child in a positive way in just over a month. The school have just stepped in and done everything for her...we are still waiting for Kent to change her statement even now mind you!! Long story but typical of Kent to continue to argue even against a black and white tribunal decision, but they are not appealing anyway.

So I will basically be agreeing not to appeal at this time, this wasn't part of the proviso I provided. I just asked that more detail be added at next review. Have I got that right?

"if you are in agreement with the statement being finalised at this time, naming indi school, the representations that your are making for changes at this time would no longer be relevant. The LA therefore, would expect that any changes would be submitted by you at review"

If you waive your right to appeal on finalisation, the LA can argue that you 'only wanted indi school', that your act of finalising and not appealing means that you accept that parts 2 & 3 are an accurate and full description of DS's needs.

I don't know Claw. Let's hear other comments.

I think I would possibly agree not to appeal given the level of deterioration and disastrous state school placements on the basis that your priority is that ds is somewhere safe and beginning to learn again, and that given his school-induced anxiety caused by inappropriate provision, inexperienced and unqualified staff, it would be very difficult to unpick all of ds' needs until some form of stability had occurred in a placement with x,y and z. However, though parts 2 and 3 do not adequately describe his current difficulties and provision required to meet them, you are very much hoping that with an appropriate school placement where his needs are better understood, the amendments required will become clearer and in time your ds may be able to participate in assessments.

Could you put something like that in writing?

Have the LA put this in writing to you about request for changes not being relevant if they name indi school? If so then you have a good argument in 6 months as to why only then you want to appeal as you can show the LA gave you no real choice in all of this as your son comes first and this was the only sensible option you could take at the time. Keep this, or get it in writing now to use against them.

Beautiful its in writing.

Star, yep I think that's the best option, given my circumstances, agree, finalise, but make my reasons crystal clear.

I will wait for a bit to see what others think and start drafted my response.

Oh and if the LA don't write in the 6 month review be sure to appeal now. It would be very easy for them to "forget" that bit and then of course your right to appeal is only now or in 12 months.

Keep, i think all professionals involved have made it very clear that a) the longer ds is out of school, the more unlikely a return to any school will be and b) he cannot undergo any further assessments.

The LA have done exactly what i requested they do, provide home tuition, fund indi school. I have very limited up to date assessments and i don't think my appeal case would be very strong at this time.

Just make sure all your communication is less 'TO' the LA and more 'FOR' any potential future tribunal panel iyswim.

You're nearly there.........

They can't fund Indi school without a statement and in 6 months time you'll have evidence that there is a massive improvement since starting indi school. I can't see a big problem, to be honest.

Also, they can write what they like in the letter.

"8:108 The LEA must send a copy of the final statement to the child?s parents and give written notice of their rights of appeal to the Tribunal and the time limits for lodging an appeal, the availability of parent partnership and disagreement resolution services, and the fact
that the parent?s right of appeal cannot be affected by any disagreement resolution procedure. Parents may appeal against the description in the statement of the child?s special educational needs, the special educational provision in the statement, and the school named, or if no school is named, that fact."

In other words, it doesn't matter what you agree to now, once they issue the final statement you have the absolute right of appeal. Nothing can change that.

How does this sound?

Thank you for your letter of xxx, offering to name the placement at xxxx School, agreeing to a 6 month review and the transition process for home tutor to attend with ds.

As I have stated previously I do have concerns that part 2 and 3 do not adequately describe ds's difficulties and provision required to meet them.

However my priority has to be getting ds back to an education and for this to happen ASAP. Given the level of deterioration and ds's school anxiety it would be very difficult to unpick all of ds's needs at this time until some form of stability had occurred in a placement.

I am very much hoping that with an appropriate school placement, where his needs are better understood, any amendments required will become clearer.

Please accept this as my written agreement for the statement to be finalised and for a start date to be arranged.

Thanks Lougle, as Mareey said get my foot in the door or ds's rather, then have 8 weeks and school holidays to see how things go.

Previous pattern with schools is that ds starts off well (first few months), then its down hill from there, so even the 6 month review might actually be a blessing. Enough time to really see how ds copes.

I am very much hoping that with an appropriate school placement, where his needs are better understood, my concerns regarding parts 2 and 3 will be supported and further clarity provided.

????

6 months isn't that far off tbh. If he started now, then it is just 6 weeks or so, then 6 weeks of holiday and you're half way there.

I wonder if you'd be better to ask for review in 6 months from start of school year - cite the summer holidays as disruptive to education and that he would benefit from having two full terms before review to truly assess the situation.