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After the AR how long should it take to get revised statement?

1 reply

battlingon · 18/05/2014 11:04

AR was held early March (LA did not attend). Although it was known that ds had sensory issues an OT assessment had never been completed until recently after he started at a new school. This showed quite significant difficulties and the OT has made various recommendations to go in the sm.

School confirm that all paperwork was sent to the LA but I've heard nothing and I am getting a bit concerned due to the upcoming changes etc.
Are there any set timescales for when the new sm should be issued?

OP posts:
Icimoi · 18/05/2014 23:18

The entire process has to be completed within 12 months of when you completed the last AR, i.e. when you received the LA's decision letter; or, if this is the first AR, within 12 months of the date the statement was issued. If this was an early review - i.e. it is a lot less than 12 months from the last statement - the general principle is that a decision letter should be issued within a reasonable time, not least because they won't be complying with their duty to meet DS' needs till they do so. Unfortunately the timescale isn't laid down, but I'd say a delay of over two months is certainly unreasonable.

If they're going to amend the statement they must first send you a draft for consultation, and should complete the new one within 8 weeks of that date.

Under the draft code of practice for the new legislation it's proposed that there should be a time limit for the LA decision which I think is 4 weeks. It could be worth arguing that, although the code isn't completed or in force yet, that's quite a good indication of what is a reasonable time for this process.

I suggest you write immediately pointing out that they've had more than enough time to consider this, they are failing in their duty to DS, and saying you would like the proposed amended statement by the end of the week. If you don't get it then, write again saying if they don't get a move on you will to to lawyers with a view to taking judicial review proceedings.

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