LA gone quiet and I don't know whether to chase them. Advice appreciated

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LA sent me a proposed statement nearly 2 months ago with an accompanying letter telling me which school they felt met DS's needs and informing me they had sent all his papers there, advising me to arrange a visit. I rejected this and sent them a long letter stipulating why DS's needs could be met in my local primary (which my other 2 DCs already attend).

They had recommended a unit and had written the proposed statement in such a way that it couldn't be applied to a MS setting. I wrote back asking them to rewrite the statement for provision in a MS setting. I also informed them that the school my DC's already attend is very happy to take DS.

So surely all the LA had to do was to contact the school I suggested (who would have said "yes, we're willing to accept DS") and then rewrite the proposed statement?

It is now 6 weeks since I wrote to the LA (hand delivered letters to the office of SEN Operations Manager and the case officer) and I have heard nothing back at all.

Meanwhile I have had several meetings with the DCs school, who have told me they have not been contacted by the LA, but have already began to put measures in place to support DS and have decided on his teacher etc etc. They've even told me the date they would like DS to start.

DS's pre-school is getting worried because they are keen to hold a transition meeting, but have been told they can't do this until they officially know what school DS is going to.

I am worried about chasing the LA because I feel they are keen to place him in the unit but I'm also concerned that they are cutting it a bit close to the end of term and I need his statement to be in place before he goes to school. I'm on edge all the time wondering if they're going to pull a stunt.

Hassle them. Whether you call or not will not affect their decision. It is your choice of placement in this circumstance that matters, not theirs as you are not asking for an expensive independent place here and it is your right to have your child in mainstream. I would suggest you look yourself at the statement though and work out exactly what it is you want in this document now. The LA should be working to a time limit here so unless they have good reason they need to get a move on. Threaten to go to the LGO (not that they'll do anything!) but it might just get them to shift on and get this sorted.

They must by law finalise the statement within 8 weeks of the day they sent you the proposed statement. I think you should contact them pointing out the deadline and telling them you expect them to comply with it. If they don't meet it, write again telling them you'll have to take judicial review proceedings. If they still don't do that, make it come true by getting solicitors to write an official pre-action letter.

If I were you, I wouldn't fuss too much about the wording of the statement at this stage. The important thing is to get a school named, and if you have a preference for mainstream education they must comply with it unless it prejudices efficient education in the school in question - which plainly can't be the case for you. You can sort out the wording of the statement by going to tribunal afterwards if necessary.

Thank you for the helpful responses. nennypops, is it right that they legally have to finalise the statement within 8 wks even if I have asked them to rewrite the proposed statement? I guess I am going to have to contact them ( my last 3 conversations where I have challenged them on not meeting time frames etc have ended up in them becoming very defensive). Could they make out they hadn't received my response to the proposed statement and finalise it anyway?

Hi I have found with my sons statement that have taken it right up to the deadline. I assumed they were eeking out the cost. Don't be afraid to chase it

I think that unless you've asked them to get more reports, they have to finalise within 8 weeks. They could certainly make out they haven't received your response, but I really wouldn't worry about that. To be honest, I never think there's much point in putting a lot of effort into responding to the proposed statement, the chances are that the council will ignore you anyway.