Query about statement in Y12

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My ds is in Y12 in an independent ASD special school. Last year we were told by a member of staff that all statements ceased at the end of Y11.

The LEA are funding the placement and haven't transferred him over to an EHCP. So is the statement legally still in place?

The statement is still in place. The person who told you that piece of information is not entirely correct; people who currently have statements will not be transferred onto EHCPs for some considerable time to come.

Right thanks that great.
So legally the school should meet his needs as listed in his statement and there's no wiggle room.

The plan is that the priority for transfer to EHC plans is:

1. young people over 16 with an LDA
2. children going through phase transfer - in your ds's case, we would expect him to convert to an EHC plan therefore in Y13, in preparation for FE education, if that is where he is going. (Higher education does not come into the EHC plan system)
3. all the others with statements

Your LA should have the conversion timetable on their website.

He should be transferred to an EHCP next year, as councils have to prioritise children coming up to transition points. There will need to be a full review and assessment so that they have a complete up to date picture of his health and care needs as well as his education needs.

One thing you will need to keep a very close eye on is the section on outcomes (similar to objectives in statements). The criterion for deciding whether to continue the statement beyond the age of 18 is whether the outcomes have been met, so if you want him to stay in education (including an FE college or apprenticeship) you need to ensure that they are appropriate long term outcomes that will justify this.

Another important point is that at this age it is your ds, not you, who makes the decisions about his education - provided that he has capacity to understand the issues and make decisions, only he has the right, for instance, to decide what school or college gets named in the EHCP, or whether to appeal against it. You should still be consulted and he can delegate to you, but he has the final say.

Here is a link to an example of a conversion timetable - as you can see, children going through phase transfer in 2014/15 will be converted this year, as will college students with LDAs, especially if its their final year.

www.hertsdirect.org/docs/pdf/s/sendconversiontimetable.pdf

Thankyou - that's great advice.