can they do this?

[pondhopperjen]

Hi everyone, I have a question about statements. We sent our comments back on the draft statement, including comments from a barrister we hired to support us. It took us longer than the original 2 week deadline to do this, more like 4 weeks. Two weeks after the drafte was sent back, it was returned with roughly 25% of the comments acknowledged, and the rest disregarded. The statement was issued as final, with no explanation for why feedback on the draft was rejected and our named school disregarded without comment. The cover letter said it was final, recommended Parent Partnerships and we had 2 months to appeal to Tribunal. Can they actually ignore our comments without discussion? We obviously made them because we felt they were relevant. I'm trying to get my head around what next steps are... Any advice would be appreciated. Many thanks, J

Most posters and traffic are on the Special Needs Children part of the board

www.mumsnet.com/Talk/special_needs Here

But in answer to your question, yes they can completely disregard all of your comments with no reason at all because by doing so they gain one of two things 1)You give up, 2)You appeal and your tribunal is in 6 months during which time they save the funding should you win/they give in the day before.

"and our named school disregarded without comment."

Did you name a State Mainstream School?

Hi, I am going through this right now too!! I have sent the draft back as the provision doesn't reflect the needs adequately. I have also requested an independent school!! I have been told it is being referred to pannel on 11th July. I haven't got a barrister, so I have written my own reasons. The worry over the whole thing is literally making me ill. My son hasn't got an agreed school place for September, even though he has been offered a place.

Can I ask what reasons they gave for rejecting your choice of school?

Hi, just re-reading what you wrote. I am out of my depth with it all too, never having had the experience, but it does sound like it's purely down to the timescale. I know my draft came with a covering letter saying I had 15 days to contact them and to name the school. I did both of these things within that timescale. I then phoned them up to make sure they had the info. They then told me which schools in the area my son's details have been sent to. I have since written in again as to why I don't want him to go to any of these schools. I still haven't heard anyting about my requested alterations, but have been told they are being "considered" by their legal team. As I say, all I know now is that when they have the written reports back from the three schools they will be considered by pannel along with my reports and I won't know about the school placement until after then. I did have it in the back of my mind that if you don't reply within the 15 days the do have the right to finalise a school place and statement with whatever they think is fit and then you have to appeal. Good luck with it all - I am sure you're like me and soooo stressed!! xxx

Ask to be copied I to the school responses at the time of response under the DPA.

Unfortunately LAs are reluctant to direct their money outside of the LA unless you can prove they have no suitable provision.

Thanks for your replies everyone - really appreciate it.

@Starlight, I think you're right... seems all they want to do is break down parents rather than support. I find it so upsetting that it all comes down to money... but there's no option to actually pay for your child's education to your preference. But they're more than happy to drag you into tribunal, forcing you to spend money there.

@lougie, we named the mainstream school in our LA that had declined us a space in their SEN unit. We felt that the school generally would be more knowledgable about ASD because of the unit, and so our son would have a better experience. When we were going to special school panel, we were told to just apply for our local schools just in case. We didn't expect to be declined at panel and now we have our daughter's school which is outstanding - we just have serious concerns that they will have a strict discipline focus rather than an ASD focused approach.

@BigBird, I feel your stress! I hate the feeling of limbo and my son not having the best environment for him as an individual. The LA didn't give us any reasons for why certain details were rejected. We requested extensions to our 15 day deadline and they agreed. At least your requests are being considered. Don't give up and hang in there... it's difficult but we've got to fight for our babies.

They certainly don't make this easy... I've been less than impressed with the process overall...

My experience of schools with ASD units is that they are generally to be avoided. This is because they hold themselves up to be experts and parents get even less input/involvement in their children's education.

As another generalisation, a small school with areas of improvement to be made cannot hold such arrogance and is more open to working with the parents and drawing on the expertise they often have to offer.