Have a feeling the LA are calling an early annual review just 3 months since tribunal order

[billiejeanbob]

Have a really horrible feeling that the LA are up to no good! The senco called me last week to say the LA are holding a meeting in the next few weeks to review my dd's progress.

We have been through absolute hell the last few years trying to obtain provision for dyslexic/ dyspraxic dd. After two difficult tribunal hearings we finally recieved the judges order in October - ordering the LA to issue a statement including full time 1-1, an hr a week slt, OT and dyslexia teaching, amongst other things.

LA made a huge fuss about this as they have had to employ indie therapists/ teachers to work with dd costing them ££. final statement was issued at the end of November and the provision started in December. Now they are calling a meeting to discuss progress.

Now I am worried because it seems all professionals have been requested by LA to assess dd (again!) and write reports. I have recieved the dyslexia specialists report and it states dd is making good progress etc but the TA is capable of taking over the sessions. Today I picked dd up and she told me that the LA Ep has been in so I spoke to the teacher and she confirmed that the EP had formally assessed dd.
I am so worried that the LA are intending to amend the statement and remove provision. can they do this? I admit I have taken my eye off the ball for a while since tribunal as it all got to much. I'm just not sure I can fight this again. I am also angry that the school have allowed the EP in to assess despite having a letter from me stating no assessments without my prior consent .

In theory they could, but amending the statement so soon after a tribunal order could be seen to be contempt of court. It would obviously be quite wrong to make you appeal again, and if you did so they must realise that the tribunal would be really unimpressed that they've ignored the previous order like this. Am I right in thinking you had lawyers for the appeal? Perhaps you could ask them?

But what on earth is the school doing letting an EP assess your child without asking your permission first? Surely that's absolutely wrong? I suggest you make a fuss and say they are not to let anyone else assess without asking you first and without explaining why the assessment is needed, given that dd has been the subject of a lot of assessment over the last year.

Is dd due to move to an EHC plan? Could the assessment have anything to do with that?

You have a legal right to be present for any assessments.

I'm in foul mood today so I suggest you write to your la and cc the school asking why they don't feel they have to abide by such law. Ask for a good reason or your taking it to LGO.

But possibly bad advice as that's what I'm doing today. I have every intention of going to LGO anyway. I'm writing my ds a letter to the ep if ep goes in, ds has been instructed to hand it over. Letter will tell him to bog off - I'm exercising my legal right. Waste that idiots time like he's wasted my sons education!

Shame he has very poor memory!

Billie how long since the last EP assessment? Is there any scope for saying it is throwing up false positives because it is too soon after the last one?

Last EP assessments were in May 2014. Dd was assessed by indie EP using the wisc and then assessed again the next day by the LA EP using bas.
I have no idea what the new LA EP report will say. The last report was dire - disputed indie assessment, disputed all provision. According to this EP dd doesn't even need any TA 1-1, despite still being on P levels in yr 4!
Guess I will have to put my hard hat back on and continue our fight! will ring ipsea this week and might consult with MG again. Thanks for the advice.

2 boys I feel your pain. Good luck with your battle!

In the monitoring section at the end of the statement, does it say that the school has 2 months to implement (usually a meeting with LA rep and school and parents in these parts)? Did you have a meeting at which short term targets and provision were agreed? The review meeting is supposed to review progress in relation to these targets and the longer term targets in the statement. This is to assess the impact of provision over a period of time. Your LA should publish a document explaining the process for schools. Good progress (an increase during receipt of provision) is a reason for continuing provision. Inadequate progress (despite the nonsensical time to measure it) would be a strong indication that even the maximum support in m/s is not sufficient. Is there an indi ss that would be suitable?

I had the same concern with DS2 but the LA no longer want to hold an AR by the end of this term - the final was only issued at the end of Jan.

Coram basically told me that I couldn't prevent the meeting taking place. As long as the LA invited me and gave adequate notice, the LA and school could go ahead without me. The school would then have 15 days to produce a written report and any amendments would be sent to me within 4 weeks. If I did not agree, I had the right of appeal.

If the LA/school had not backed down, then I would have contacted a solicitor. There may be nothing in law to prevent this behaviour but it is firmly against the spirit of the law and is not in the best interests of the child.

It would appear that LAs are behaving immorally (what a shock) in new ways and are flaunting the law (not naming parental preference of m/s for example, or issuing 'holding' statements, or holding ridiculously early ARs) and are telling parents that they have to appeal to tribunal if they want what used to be the norm.

Firstly I would complain in writing that DD has been seen without asking your permission and request that no one sees her as it is too soon after previous assessments.
Have you been invited to the meeting? if not insist that you are and ask for an agenda and what the purpose of the meeting is for to make sure it is just a progress meeting, also who will be present.
If it is to discuss progress; then one would hope that some progress has been made which is a positive, thats why a statement has been issued. Therefore the support is working and should carry on (unless she has miraculously progress to by a yr4 level). I always use a scenario in these types of meetings such as you give a child crutches to help them get around school, the child achieves the target so would you scrap the support and take the crutches away leaving the child not being able to cope again. I would ask them to provide evidence of SMART targets and the outcomes.
If the outcome is DD not making progress then put the ball in their shoes as what they suggest can be done.
If they decide to scrap support state that you do not agree to this until you have received all the evidence as to how they have come to that conclusion. Request copies of all reports that have recently been done.
I always at the end of the meeting asking them to summarise the meeting and insist that nothing is changed until all evidence has been received and reviewed by me as I am unable to voice my opinion without having the full picture during the meeting and need to review recent reports. Also I would voice my concern that any changes to support so soon after starting is not going help DD self esteem as she is enjoying making some progress which is building her confidence.

bill I am not sure, but I think both wisc and bas have a shelf life of one year. Someone like polter will know. Also your indie EP will tell you.

So if the EP re-assessed rather than just observed, they might have done it too soon. This is key. Observations do not carry the same tight code, not the same weight.

The Governing body for EPs is the British Psychological Society www.bps.org.uk They have some codes of ethics which your indie EP will know.

If the EP has gone to assess dc

1. without permission and
2. too soon then that is obvious grounds for complaint to the governing body.

BUT be very sure of your facts: did the school tell the EP that there was permission when there was not? Is the shelf life for these tests 1 year? Was the EP aware that both wisc and bas had been done within a year?

Good Luck