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Here are some suggested organisations that offer expert advice on special needs.

Original poster

Statement experts part 4 in particular

32 replies

devientenigma · 14/01/2014 11:16

What to do if the LA won't name the school in part 4 that the child is attending? How do you get them to commit and name?

Thanks in advance x

OP posts:
claw2 · 14/01/2014 15:00

Hi Devient, in no expert! but I will do my best Smile

What are their reasons for not naming? Have they named another school?

claw2 · 14/01/2014 15:12

The Law requires LAs to name a parent’s preferred school unless:
?

  1. The school is unsuitable.
  1. Your child’s attendance would mean that educating the other children in his/her class would be impossible or very difficult.
?
  1. Your child’s attendance would cost the local authority too much

You need to know which of the 3 reasons above the refusal is being made on before you can challenge.

Original poster
devientenigma · 14/01/2014 15:16

Hi Claw, no other school suitable, the reason, they want to cut the cost. We have a meeting every other week as a cost cutting exercise and so far managed to save nothing. Just wondering how long this would be allowed or should I push? Thanks for the reply x

OP posts:
Original poster
devientenigma · 14/01/2014 15:16

That'll be number 3 then x

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claw2 · 14/01/2014 15:20

Have they finalised the statement and not named a school?

Original poster
devientenigma · 14/01/2014 15:22

I'm unsure what's happening with the statement, it's kind of been on hold for the years he was out of school, it has been reviewed lately but they said they would not name the school until the cost comes down. Maybe I should ask are they finalizing it.

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Original poster
devientenigma · 14/01/2014 15:23

Maybe they have and delayed due to Christmas Hmm

OP posts:
claw2 · 14/01/2014 15:29

Devient have they put the grounds for their refusal in writing?

Do you agree with parts 2 and 3?

Original poster
devientenigma · 14/01/2014 15:32

They haven't, they just call a meeting and the commissioner comes along. We have one on Thursday.

Parts 2 and 3 haven't been right for years, no one seems to be able to word it right or even get the layout right. I have often wondered about trying to do it myself. There's just so much conflict and disagreements. You would think after 11 year I should know what I'm doing or even the profs. It just seems a mess.

OP posts:
claw2 · 14/01/2014 15:34

Did you have AR while your ds was out of school for years?

Did your ds remain on roll at school while out of school?

Did he receive any of the provision within the statement while out of school?

Original poster
devientenigma · 14/01/2014 15:38

Yes we had an AR every year and nothing was ever changed even though it was supposed to highlight how and why he won't go to school and what was being done about it.

He had to remain on the school roll as we had full use of facilities ie hydro pool etc.

He got nothing of the little that was in the statement until last year when the home tutor pushed for others input, however even she felt they were missing the point and a bit pointless, then they were saying it would be easier to support if he was in school.

OP posts:
claw2 · 14/01/2014 15:40

So your ds has a current statement, which you feel is out of date/not right or you are not happy with. He has been out of school for years and the past statement is still being implemented and you have nothing in writing from the LA? Have I got that right?

Original poster
devientenigma · 14/01/2014 15:42

Yes everything is right, though if wouldn't go as far as saying the statement is being implemented.

OP posts:
Original poster
devientenigma · 14/01/2014 15:43

As in the statement is not much use and the little that's in there is worthless.

OP posts:
claw2 · 14/01/2014 15:46

Was a school ever named in the statement or has it be rewritten?

Im assuming you have a copy of the statement, is it 'final' or 'draft' statement written on the front?

claw2 · 14/01/2014 15:46

been

Original poster
devientenigma · 14/01/2014 15:55

I have a copy of the statement before the last review if that makes sense. Yes a school has been named in the past, he was there from 5 year old reluctantly, until it got too hard to fight him into school at about 8 when he was more off than attending. His last review left school saying everything in the statement stands, they eventually agreed that what he should be working on next year is what I had said, then said he's being transferred to a school we were in agreement in, which is the inde special school he's now in and attending more than not. Then the inde school briefly looked at the statement made not much change and asked for them to be named, which they aren't until the cost is reduced. Hope that makes sense.

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Original poster
devientenigma · 14/01/2014 15:56

I can't remember if it's final or draft, would need to hunt it out.

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Original poster
devientenigma · 14/01/2014 15:57

I am assuming a new one would be issued from the new school taking a look. I can ask for that on Thursday.

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Original poster
devientenigma · 14/01/2014 15:59

What I could do is ask for the statement to be finalised and appeal the fact they won't name the school?

Or would that jeopardize the fact he's there and they are paying anyway?

OP posts:
claw2 · 14/01/2014 16:08

I think you need a copy of the current statement before you go any further, so you know exactly where you stand.

The fact that he is attending and they are paying, yet wont name the school, is well, stupid and not logically at all.

However, you need a copy of the current statement, before you decide your next step.

Original poster
devientenigma · 14/01/2014 16:11

Ok so when I get the statement, how will I know what to do?

And the meeting on Thursday should I say much?

I just thought get him into this school and it would all start to slot into place, after the years of hell, how silly of me, thought it was too goo to be true when they handed inde without tribunal!!

Thanks for the help claw, it means a lot.

OP posts:
claw2 · 14/01/2014 16:20

Get a copy of the statement first, things should be clearer as to where exactly you are at, whether its draft form etc and exactly how they arrived at this draft form etc, etc.

Start another thread or continue with this one. Its hard for anyone to give advice without knowing exactly where you at.

It all seems to have been done rather 'informally' on the LA part so far. Im sure its nothing a few more 'formal' letters cant sort out. You have already done the hard part and have him attending the school you want Smile

I have to go and pick up ds from after school club now, but im happy to help further if I can.

lougle · 14/01/2014 16:45

I think I'd be tempted to drag this stage out for as long as possible, to be honest. If he's at the school you want, and he's attending successfully, and the LA are paying, then the longer he's there the more chance you have of winning at tribunal.

The LA would have to show that not only was another school able to meet his needs and that they're cheaper, but that they had a realistic chance of him actually attending, as you have past proof positive that he won't attend if the school is unsuitable.

A tribunal is going to be much more reluctant to remove him from a school where he is established on a 'punt' from the LA that another school may work, than if he's only there for a few weeks.

AgnesDiPesto · 14/01/2014 17:15

I'm confused. So the statement names old school which he hasn't gone to properly for years. He is in new school and LA is paying. Are they saying this is an interim / emergency placement pending statement review? I can't really see how he can be attending a new placement and it being funded without it being on the statement in Part 4.

At the meeting I would focus on what alternative they are offering. Have they got another school which has agreed to take him and have they got that in writing. If not then end of meeting.

Cost is only a factor where there is more than one option on the table. Otherwise its irrelevant.

Same at Tribunal, cost is only a factor the Tribunal will look at where there are two viable options both of which meet need.

If there is only one option but the LA thinks its too expensive, tough. Tribunal won't be interested.

As he is going and they are paying and they have no other options then I can't see they have any bargaining power over indi school fees. Lots of councils are trying to bargain indi placements down on costs (same as care homes etc saying they will pay less for same place). Thats not your problem. I can't see why indi school would be inclined to reduce the cost given he is already there and the bills are being paid. Besides that sort of wrangling is not your problem.