Statement again!

[salondon]

Hello

I got the proposed statement from the council on 18th May and had to respond by 31st May. Did that(My response was to ask for ABA) and got the response that the SEN panel will sit on 19th June. I chased and got a call today that they havent had a chance to go through the paper work yet, so they will have a 'professionals meeting' on 4th July. Following that I will be called to have a meeting with the professionals after that with no dates given.

I have asked to be sent an email with this information. Fiona is copied on all emails..

Can they just keep delaying the decision making process like that or are they genuinely considering all the reports and paper work I have sent in?

Thanks
SA

the sencop is guidance but does say the whole SA process should be completed within 26 weeks. If its more than 26 weeks you could make a formal complaint / go to Local Govt Ombudsman if you feel delay is due to deliberate delay or poor administration. The Govt keeps statistics about % statements issued within 26 weeks (on DFE statistics page) and sadly many LAs only manage 70-80% within 26 weeks. If you start to go a reasonable way over that then fill in council online complaint form

They must complete the statement within 8 weeks of issuing the proposed statement. There are some exceptions to that rule, but it doesn't sound as if they apply in your case. However, that does mean that if they are making decisions on 4th July they will be within the time limits.

By the way, the overall 26 period isn't just in the code of practice, it is also in the regulations and is fully enforceable. In theory if an LA goes over the time limits you could take judicial review proceedings but I suspect that the threat of court action would be enough on its own.

Thanks Agnes and Nenny. I am hoping to get some useful information after their meeting on the 4th. So long as they arent trying to fob me off I am happy to wait a few weeks if they genuinely are discussing my case in the meetings

Hello again

I chased my case worker and she copied the head of SEN of my LEA on an email. Saying he needs to get back to me. I have emailed and phoned him. Left him voice messages. I dont hear back from him at all.. even a "We are looking at it" . I am told by my case worker that its under review, but when will I get the statement??

As per this document & this page, I should get the final statement within 8 weeks of the proposed statement (Which was 26th June). Its over 12 weeks now.

Do I have any rights here?

Thanks
SA

As I had said before SA, go back to your first date - the date when you put in the request for SA. Count 26 weeks from there. If even 1 week is left, then lea is within their legal rights. If even 1 day is up, they are in breach of sencop.

What zum said. Sorry. If you are within 26 weeks then you will probably have to wait a bit longer.

I don't remember when I had put in the request . I was sometime in April.

Ugh oh! Go back and dig out the letter that acknowledges the receipt of your SA from council.

Just counted for u, if u made the request sometime, let,s say 1 April as well...they hv more than 6 weeks to get bk to u. So sit tight. :-)

And I don't think August counts either.

Sorry

Yup

The amended proposed statement is back. Its better than before. Its specific - says things like a SLP who has experience of working with autistic children should work with xxx. The therapist will advise the work and it will be done for 20 minutes daily(I am not even going to pick on the fact that they said autistic children instead of children on teh ASD spectrum).

I had asked for full ABA (25hrs/week for 50 weeks/year), OT and SLT. We had also said, we would like to hire our own tutors and ABA consultants and invoice the LEA.

It says the following in part 3

teaching programmes to be delivered by staff skilled in the area of social and communication difficulties and autistic disorder(ASD) to plan individual programmes to meet speech and language objectives

structured teaching such as TEACCH or ABA to increase her concentration on activities and to develop her independence in play and self-directed learning

Individual or small group teaching for atleast one hour each half session (what is a half session??)

The interesting bit is as below. What does it mean in terms of funding and hiring of tutors/supervisors?

In addition, the school should provide xxx with the opportunity to be involved in settling, monitoring and reviewing her learning targets. There should be arrangements to ensure that advice from a teacher skilled and experienced in planning programmes and modifying the curriculum for children with SEN, is available to all relevant staff and that regular positive feedback about progress and achievements is given. Further, xxx would benefit from close home/school liaison arrangements and reviews with all agencies involved to ensure consistency of approach (how regular is regular? I had asked for part home, part school ABA, so I guess its in response to that)

Then it further says

Specifically to implement the programme described in this Part, the school will provide, through its delegated SEN formula funding, 25hrs/wk (pro rata) of SSA time to be used for and on behalf of xxx. This time is to be used in a combination of individual and group work and support in the classroom

My points as follows - your interesting bit is the LAST para as that is what specific quantifies your provision.

1. What is SSA? Dies it means LSA? If it is LSA or whoever, you need to get on the phone and get your caseworker to tell you at what rate the SSA is paid? That is the money part you will be getting.

1. The fact that it says classroom means provision is only term time, forget the home program coming from then under this statement.

1. They have written - school will provide. In some other statements recently issued, I have clearly seen wording LEA from its own resources will provide additonal funding. Right now, your statement means school will provide...which school?

I would interpret the statement as, as long as there is an experienced (teaach) lsa/TA within the classroom for help with your child and other children and a teacher (autism advisory) providing input then the statement is being fulfilled, the ABA part would be a decision made by the school with no legal standing by the statement if they do not wish to employ an ABA tutor and no specific funding for an ABA programme.

That is how I am also interpreting it Weller.

Zumba - School means the day care/early years' setting she goes to currently. I am assuming that I will be able to get a ££ amount in writing that will be assigned to my daughter. And then hopefully, convince them to hire a candidate chosen by me rather than their own candidate.

So looks like what Weller said is the worse case scenario - They use TEACCH.

The best case scenario is that part of my ABA program gets funded by the early-years settings' SEN fund.

I am happy to accept the proposed statement if the best case scenario is the correct interpretation of the proposal. If I can get the ££ amount

I assume the next step is to speak to the case worker and the early years' manager.

Fiona Slomovic (we are her client) is out till 15th aug. I have to respond by 9th. Does it make sense to reply to them and say I need 10 more days.

I applied for the statement on 4th April.

You will have the right of appeal after the statement is finalised. The LA can change the statement after that time if they want to so there is no harm in finalising if you are either a) totally happy with the statement and won't want to appeal or b) don't think the LA are likely to give you what you need in there in full.

If it is just a question of wording then think about speaking to IPSEA or one of the other similar organisations and going through things with them.

ask for a meeting...that is the best way to move ahead without complicating things.

Heard back from the LEA. They want to meet next week but we are away on holiday. I would think its better to go with Fiona when we are back - right?

Not sure I'd mess around with meetings, to be honest. It just gives them an excuse to delay further and they're not realistically going to agree anything much more by way of substantial changes without a tribunal order.

We are away next week Nenny. Is that not a genuine reason to move the meeting forward? I also want to have Fiona with me in the meeting, so her availability would have to be considered too.

What is the meeting FOR?

Unless I was very clear that the LA were seriously considering what we were asking for I wouldn't bother with the delay.

They have delayed already. They obviously like delays.

Ask them what would the benefit for your child be, from a meeting, that cannot be discussed via email with your advocate included in the communication?

Their answer to that 'might' get me to a meeting. However, I suspect if they know your are bringing FS they will cancel last minute.

They will probably cancel anyway, because rescheduling is a good delaying tactic.

Don't you want to get off this merry-go-round?

Good point Star. Given that I copy FS on every email I send them and they drop her off in the response, I assumed they were avoiding legal battles. and that is why I further assumed that they want to meet me to see how far they can push me. Or am I assuming too much? I thought they want to meet me to negotiate(which I am happy to do, so long as they are reasonable)

Oh yes, I want to get off this merry go round and I want to get off quick.

So should I ask them to issue a final statement, appeal it and see them in tribunal?

If they want to negotiate why can't they do that without a blimmin expensive meeting?

Just ask them what they feel a meeting will achieve beyond what can be achieved via email. Tell them you are very keen on reaching a agreement and will continue to work with them now and in the future, even during any necessary appeal (this isn't really a letter to them, but to the judge) and you would ultimately hope to avoid a tribunal as delaying your child's an adequate education for another 6 months is not in his interest and you very much hope they will agree.

Afraid that IMO meetings are nothing more than a delaying tactic - don't waste your energy, they are not going to be reasonable. Finalise and appeal. It does not prevent negotiation in the meantime (there is not likely to be any) but starts the clock ticking.

If you really want to see the whites of their eyes, you can agree to meet them on a date that you know will be after you have sent your appeal in.

You can pretend (As they do) that the tribunal is of course going to come down on your side, as only a reasonable person could possibly recognise therefore it is your duty to your child to do this and you hold no grudges.