LA want to reduce Statement by 12 hrs pw-appeal help please

[dietstartstmoz]

Posting here for more traffic.
DS has HFA and has full support in mainstream primary. He is just 6, and has just finished Yr1, going into Yr2 in Sept. He has made great progress but is still affected so much by his ASD (obviously). He requires full support, he has zero attention span, huge sensory difficulties, SALT, etc. His annual review was July, this week we have had a letter telling us they wish to reduce his support to Band B1, 20-24hrs pw. Obviously we are going to appeal and just starting to gather our thoughts for the appeal. Any advice ?

So, if you have ABA in your statement. And at the AR for no good reason the LA simply take it out. You lose the tutors and consultant for 8 months whilst you appeal to put it back, when you have to begin recruiting all over again, despite the fact that the lack of evidence means you are certain to win it back.

Great system huh

I'm afraid you're right about the ABA scenario, Starlight, though I suppose you might have a shot at a JR if the evidence was very clear cut.

And I also suppose you're right that rather than cease to maintain a statement the LA could just makes parts 2 and 3 very wishy washy. However, that would only be temporary, and if they tried to suggest, without any evidence, that a child who needed, say, full time support and lots of therapy had had an overnight miracle cure so that he needed none, again it's something that could be dealt with by judicial review.

The cease to maintain thing is most useful in relation to schools, in that if they to say the child no longer needs a special school they've got to leave the child in the special school till the appeal is heard. It's also useful for 16 year olds as LAs are usually desperate to bring statements to an end and shove them into FE colleges so they won't be their responsibility any more. At least that little trick will be more difficult with the new legislation.

And that pretty much sums up why my HF ASD boy who could be in a mainstream school, is instead in an independent special school.

It isn't that he couldn't be supported in mainstream. It is that he wouldn't be. Any support would disappear either informally by reallocating it to a child 'who really needs it' or formally on a tribunal rinse and spin.

rinse and repeat

Thanks everyone. My heart sinks when I think about the power the LA has to change support for my boy even though it is completely inappropriate. We have reports from salt and autism teacher which were done for the annual review and both show he needs full support. I will go through those and highlight their points in my appeal I just hope that it isn't already a done deal.

Thanks everyone. My heart sinks when I think about the power the LA has to change support for my boy even though it is completely inappropriate. We have reports from salt and autism teacher which were done for the annual review and both show he needs full support. I will go through those and highlight their points in my appeal I just hope that it isn't already a done deal.

Hi. I think the school will kick up a stink with the LA as well. What you need is the head to phone the LA and say that he/she can't guarantee the safety of your son and other children without full support and so she/he will have to take steps to refuse entry to your son. Simultaneously, you threaten them with appeal, tribunal, paper, local mp but say that if he can't have full support then he will have to go to special school but as local one (do some research, do go and look at your nearest lea special schools) doesn't have an appropriate peer group (unless, obviously it does) then he will have to go to x independent special school which costs x. Present it to them on a cost basis and they will back dwn.

To be honest, what they might be wanting and the school might be wanting is for your son to be in special school. It my possibly be as cost effective to have him in LEA special school as to pay for this level of statement. To have over 25 hours a week support is a rare thing and essentially means your son is velcroed to an adult all the time. Ideally what should be planned for is that the support is gradually lessened anyway. Educationally, what needs not to happen is that students become overly reliant on an adult always being with them. This happened with my son which is one of the reasons we opted for independent special so that he had to cope without the velcroed adult which is what he would have had in secondary mainstream.

I think if you want him to continue in mainstream then battle away as recommended, but if you are undecided or have thought that special might be a way forward, then do some research as to the options and battle for a different outcome because I think you've been given a bit of an opportunity especially given the reports. Before you do anything though talk to the head and the senco and get their honest opinion.

Flapping-thats a good point. Tbh I don't think ds meetstthe profile of the mld schools in our area, although I have not been to look but I do know a fair few of the children that go through sn groups. I will be looking at others though that are out of borough and independent. Thanks all. Lots of things to think about I guess.

referrals to the LA caused concerns they have stated that a [pre birth acess PDS so has special needs we did see LA on one occassion when we returned for contact with father at christmas an appointment was sent to address in england for the 14th feb which i flew back to attend and sorted carer for NJ as LA was late & NJ playing up they was 40 mins late so i got back 10mins late than arranged my daughter was taken to the police station i was arrested for child neglect still on bail and NJ placed in fostercare although family could have i didnt see her for 11 days they wouldnt answer phone calls and due to then stating im a risk they stopped contact just had court hearing and now past for adoption on 13th aug my main point is i find it shocking that they never ask me anything regard NJ health well-being and have put her behaviour down to bad parenting her father went for meeting with LA who then killed himself due to the strong bond between me & NJ i know she will be traumaized as she had to be tranfered to CHAMS after 7 mts which is when they notice something was wrong im horrified at there action and the judge for going along with them and also stating in court that my daughter was dead so i dont know what to believe but have just been told that i wont be getting goodbye contact so this is insane which im going to end up. any advice support would of great help im attending children screaming to be heard conference on 4 sept but in the meantime any comment to help me