Proposed statement - not sure how to play it

[babiki]

Received proposed statement yesterday, ds 4 years old with GDD, I'm pushing for SS school. I never saw a statement before so quite difficult to judge how shit it is - some bits are OK, some not so much (OT).

What I'm not sure about is this: the SS I want does not operate on 1-1 basis, so theoretically the LSA hours they are offering (20) would be fine for SS. But if he doesn't get the place there, the hours are definitely not enough for MS. So what do I do?

Can I say I acce

Aaah bloody phone..

Can I say I accept the statement if he gets the SS place and don't accept it if they push for MS?

The school I chose is for moderate LD with additional complex needs, I'm a bit worried they will say he is too severe for that school, after reading the reports.

What type of school does the statement say. Does it say mainstream primary or special school? If it says mainstream primary, then you would need to either ask for it to be changed to special school or an increase in number of hours. Does it specifically say 1-1 if not it won't be. It will be shared lsa time with other children.

Doesn't say anything about type of school..

Babiki, our proposed statement mentioned the type of school Dd was going to attend. Does it not mention SS or MS anywhere?

x post. sorry

Chocnomore, that's interesting, ours doesn't. Tbh I want 1 specific SS or MS with full time support..

the specific school will only be on the final statement (part 4), not on the proposed statement. but I think it should mention the type of school.
hopefully somebody more knowledgeable will bw abke to help.

have the LA enclosed a notice to parents document? it is usually sent with the proposed statement and will state which type of school they feel can best meet needs.

No, Armani it's not there at all

In that case I would phone the LA and ask them, as star says follow the phone call up with an email to clarify.

Check through the proposed statement word for word to ensure it can meet your dcs needs in a ss setting. athen name the ss you want in part 4.

Babiki - I have a feeling we have the same Statement writer.

My DS proposed Statement didn't have the type of school either. It had 22 LSA hours but wishy-washy wording which I thought to be 1:1 until my solicitor pointed out that this was not 1:1. When LA finalised it and named a mainstream school with enhanced provision, the 22 hours magically disappeared - which they shouldn't have done without consultation with me - even tho their school is enhanced provision (this all came up to bite them in the bum at Tribunal).

Although my DS's proposed Statement did have a flyer/leaflet of all LA maintained SS in our LA. The attached letter stated

"If you would like littleTOWIE to attend one of these schools or a school maintained by another Local Authority, we first have to consult the governing body. We will name this school in the statement so long as
a) the school is suitable for your child; and
b) your child's placement would not affect the efficient education of other children in the school or the efficient use of resources"

^I take it that none of that is in the letter with your DS's proposed Statement?

Is the proposed Statement properly specified and quantified?

Are you absolutely set on the special school you want and are prepared to go to Tribunal for it? If so, in your written response to them, state the name (and type) of the school you want DC to be placed in and your full reasons for it. Then ask them to finalise the Statement within the statutory timescales. Do not mention the LSA hours.

If you really don't mind mainstream but with more support, include this in your written response - i.e. that if they are not prepared to name XYZ Special School, then you are expecting 1:1 support to be written into the Final Statement and with more hours (give reasons). Again, ask them to Finalise within the statutory timescales. But only do this option if you really don't mind not getting the SS.

Tbh, the main thing is to get them to Finalise asap so you can appeal. If you try to negotiate, they will tie you in knots and try to extend the timelines.

Good luck! you'll need it

Towie, thanks - the bit you wrote is there! - but nothing else. The only specified and quantified is SALT, she wrote an excellent report... OT doesn't even say if she ever sees ds, just 'follow instructions from OT'...

I really want the SS - am prepared to go to Tribunal, but I do worry ( reading all the reports) that the school will say ds is too severe for them - they very much insist on 'moderate' difficulties.

I'm also worried that if that is the case, LA will propose other SS (Columbus) which I really don't want.

The response form has the options agree/disagree or would like meeting to discuss - so can I do agree, name SS and ask them to finalize?

If I only knew what the school will say beforehand...

None of my DS's proposed was even remotely specified and quantified. They ignored everything - even their own reports.

I totally ignored the response form! (Yep they really love me!) It's not a legal document so just ignore it - it's designed so that you answer it with the answers they want.

Write your own response letter - state that this is your formal response to the proposed statement. Leaving alone Part 4 (school) for the minute - do you agree with Part 2 & Part 3? If so, write that in your response letter - ie that you agree.

If you don't agree, state why you don't agree with Part 2 & 3 - pointing all your disagreements back to reports. So for example if OT has said "has a diagnosis of abc" and "needs xyz direct therapy" but this isn't in Part 2 or Part 3, state that in your letter. Every point you make, refer it back explicitly to a point in a report. Remember, a proper (lawful!) Statement should read a bit like a medical diagnosis - Part 2 should give the diagnosis (eg has abc disorder and xyz delay) and Part 3 should be the "prescription" (eg because of abc disorder, needs 123 direct therapy once a week for 30 minutes) - but you need to point this all back to any reports (all these reports should be listed as appendices to the Statement - make sure that they are, along with your own views).

Carry on with the response letter and state the school you want to be named in Part 4 and reasons (again point it back to reports if you can). As it's a LA school, it's likely they'll toe the party line and do what the LA tell them to do. So there's no point worrying about what they'll say.

Then tell them to Finalise the Statement within the timelines - give them the precise date you are expecting it to be finalised - 8 weeks from the date of their letter to you.

Remember, if you end up at Tribunal, the Judge and panel do not like any surprises. So if you fail to mention something now, but then bring it up when you get to Tribunal (unless it is a totally new diagnosis), they won't be impressed with you. So, for example, if you fail to mention the poor OT provision now, they will not like it if you suddenly speak up at Tribunal that you need OT provision.

Thanks Towie - sounds like a plan.

I do agree if I get the school I want - not sure what to do about OT, the NHS report is basic as always, the therapist useless ( and she is the most senior they coughed up after I complained!). So I'm debating with myself whether let the OT be if they give me the SS. Because I know 100% that the stuff at SS school know and use OT stuff ds will need all the time - and can't really imagine what could the NHS 'senior' advice them that they wouldn't know if you know what I mean.

Sorry I'm writing with ds going crazy here, hopefully I'm making myself clear enough :).

Thanks for the chat x

'In order to implement Minibabiki's IEP, 20 hours of lesrning support assistance will be required. The deployment of support will take into account Michael's needs and the school's existing support arrangements, timetable and organisation'.

Hmmm this is no 1-1 either, is it..

Oh I'm busy chuckling away here to myself. I think they've done a cut and paste job between my DS's Proposed Statement and yours! Just substitute "littleTowie" for "Minibabiki" and I would be able to call "SNAP!"

No, it's not 1:1 and (according to my solicitor when he read the exact same words), it looks as if they're heading you off to mainstream.

Christ :( I bet they actually do cut and paste!!

Why do you think MS? I so hoped they will want to get rid of me by giving me the SS...

I'll PM you.

...and the school's existing support arrangements, timetable and organisation'.

This bit makes it sound as though they are planning to keep him at his current school but with 20 hours of LSA.

It doesn't state 1:1.

This is also the same wording as on ds statement, and ds support was shared with another child with medical needs who didn't have a statement. She spent more of her time with the other child than our ds, and when we complained the headteacher said " I am the headteacher and I can put my staff where I like"
I still can't believe they made you go to tribunal (and lose) Then decide they will assess anyway, and then it looks as if his needs are too severe for mld school! How can they then say he will have to go to mainstream?

Wet he is in preschool now.

Scottishdancer I bed you they had a nice little chat with the Headteacher and decided they will try mainstream ...Bloody Essex. They didn't put in lunchtime support either and ds can't feed himself ..

Nothing Essex does surprises me any longer. Just look are our 3 cases.

Mine is Essex too. DEFINITELY a cut-and-paste job. My proposed statement is exactly the same, only with 27.5 hrs.

Hoping that doesn't mean MS for my DS, but in my case it can't be referring to the existing school, as my DS has been kicked out and the LA know he will not be going back.

Are you guys covered by Families in Focus in your part of Essex? I have an advocate from there who went through the proposed statement and wrote a brilliant letter asking them to quantify everything and put in much more of what DS's needs actually are.

The LA capitulated and sent out a second draft with everything changed and with actual gasp 1:1 (don't faint) QUANTIFIED!

Sakhoora - I was thinking about asking them, was worried they won't be very 'ready to fight', thanks I might try them

Sakhoora have you chosen school? Are they agreeing?