tribunal number 3 here we come.....

[bjkmummy]

as you know we won the NIL appeal 3 weeks ago. the judge issued a consent order where the LA would issue a 'holding' statement then LA would assess for EHCP and issue by may naming secondary school.

statement came today - they've reissued the NIL as the statement so all OT provision in parts 5/6, all the reports for tribunal with her new dx on asd are ignored so the statement is her needs from last year not what they are today.

and to finally insult us - the school were providing 17/18 hours on school action plus - on the statement they have awarded her 11 hours!

so no SALT OT or specialist teaching. all indie reports ignored and less provision now than when we started.

I could wait for the EHCP to be done and then appeal and hope in the EHCP they will use the reports but given the statement is only 11 hours then we run the risk that the LA will assess her and not issue a EHCP.

I need to appeal this statement now don't I????? if I appeal it now its a year 6 appeal so will be fast tracked - I run the risk of the tribunal being critical of me for not waiting for the EHCP but my dd is now worse off than she was before - how can that be right? its a finalised statement as well.

to put it simply its just a huge huge mess............

ive emailed the sen officer for an explaination of the 11 hours which aren't even 1:1 and how they decided on the sum of 11 hours - no response as of yet and doubt there ever will be. we been well and truly stitched up and with the tribunals help as well

No, you certainly haven't made a mistake in appealing the statement. At the very least it will incentivise the LA to produce a decent EHCP. I strongly suspect that any EHCP they produce will also be inadequate, so if they do that during the course of the appeal you could probably ask for it to be viewed as the working document and proceed on that basis - rather as you could before if an LA amended a statement while an appeal is going on.

I think all you can do is not second guess their intentions. Like my la, your la seem to be playing a clever game - but the reality is they aren't. They are spectacularly stupid.

We both have a la who only thought is "withhold all provision at all cost" so don your blue face paint and fight them.

You have the facts, they only have stupidity. Who's going to win?

But of course it's sickening.

I take comfort in my darker moments with my complaint. I think "hmm - is it really fair to complain so hard with the biggest cheese?" Then I realise I don't give a crap

just put a new post on = today they've sent me a letter saying they are sending me a revised final statement next week to appendice my 3 indie reports and mention that in part 2 - so clearly nothing else going in part 3 but the reports state she needs x y and z so just to appendice them is clearly a ridiculous thing to do - I don't think they do have a clue what they are doing.

they are still sticking to the 11 hours is fine line saying the school can give her up to 15 hours or more if needed but that's not the point is it!!!

If she needs 15 hours it needs to be in statement.

Idiots

yes that the basics and the statement is beyond dire. no SALT OT or specialist teachings, 11 hours wishy washy TA support - indie reports show she needs much much more and a specialist placement and its also year 6 as well so no pressure

last Tuesday so only a few days ago