15th Feb deadline re statements

[MooMummyMoo]

Just looking for clarification from anyone that knows about the legal side of statementing. On another thread we discussed the date of the 15th Feb with regard to statements and my understanding was that the date referred to when statements should be completed so parents have enough time to challenge anything before the child is in the placement from September.

We had our annual statement review today where we named the school we want her to go to from September. We told at the end of the meeting not to expect to see the amended statement "any time soon" and not for at least a few months. I questioned this re the date of the 15th feb and was told that this just means we have to submit the amended paperwork to the LA by this date, not that we should have the amended statement by this date.

Is this correct?? I wasn't really convinced by the way they said it so thought I'd check here with someone that might know more than them (and doesn't have a hidden agenda...)

Does anyone know what the date actually applies to?

Are you changing schools as part of a phase transfer (for example, are you moving from primary to secondary)? If so, the SEN Code of Practice has this at para 8.132:

"At phase transfers, except from early education settings to the primary phase, the statement must be amended no later than 15th February in the year of transfer. The amended statement should specify the current school attended by the child (if any) and the new school, indicating the date on which the child will move there."

If it's not a phase transfer, then the date doesn't matter. If it is a phase transfer, they have to amend the statement by 15th Feb and notify you of your right to appeal.

See The Education (SEN) (Eng) (consolidated) Regs 2001 para 19. You are correct if this is a phase transfer eg primary to secondary. If so put in an immediate complaint on council website about delay and intention not to meet statutory deadline. See also SENCOP 8:132

Just re-read and not sure I was very clear! We were told that the date refers to when we have to get the amended details to the LA, not that the LA need to get the finished amended statement back to us by this date.

If it is phase transfer they must have issued the final statement naming a school for sept by 15 feb

Ah, we might be ok then. We are preschool to primary age so we are probably exempt from the date completely.

Thanks everyone for the help!

(And apologies for my second post, it crossed with everyone else's, I wasn't ignoring everyone's questions!)