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Statements and SLT

32 replies

2boysnamedR · 16/03/2015 16:03

Waiting for my statement which is four days overdue....

I was told today that no child has ever had a qualified ( by this I mean someone with a degree or postgrad in SLT) come into mainstream. If I got that I would be braking a record.

Is this true or more urban myth ( like it take being five years delayed to get a statement)

If so how can my boy stay in mainstream?! He can't. Ffs

Even more reason to ensure my non verbal boy never steps foot into ms primary!

OP posts:
2boysnamedR · 17/03/2015 13:19

Can't say my county on here. Let's just say it's down south area ;0)

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Icimoi · 18/03/2015 14:52

You can definitely get legal aid in your son's name if you have to go for JR. When you were told that you couldn't, what they probably meant (I hope) is that you can't get legal aid in his name for the preliminary work, i.e. sending a pre-action letter which has to be done before they can consider going to court. I think it's a virtual certainty that if you got such a letter sent the statement would appear very quickly indeed and that you wouldn't get as far as court proceedings.

Write to them now, point out how far past the deadline they are with the statement, and tell them that if you don't have it by, say, Friday, you will be consulting solicitors with a view to judicial review proceedings. If that doesn't work, contact an education solicitor on Friday - someone like Maxwell Gillott or Levene's. I have heard that in some circumstances SOS SEN will organise a pre-action letter also.

2boysnamedR · 18/03/2015 16:39

I have put in three formal complaints to various bods now. I have said that I want a receipt and a reply within ten days and that I don't accept it pushing out the final deadline.

Hopefully I won't get to JRbut you bet your life I would take it that far.

My son is a complete p take to my la

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Icimoi · 18/03/2015 22:08

If they still haven't issued the statement, forget the complaints route, it's far too slow and in effect it signals to the caseworker that they've got more time before anyone comes after them. Go straight to the judicial review threat.

2boysnamedR · 18/03/2015 23:14

Do you think it be enought to tell them I'm looking into JR or do I need to get that solicitor letter?

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senvet · 18/03/2015 23:23

2boys if legal aid cannot be forced to make them issue the statement then try these folks

www.nationalprobonocentre.org.uk/

That is all types of lawyers from all different fields, so it mike take a while to get it to find someone who can do your thing.

But if a pre-action letter goes out for breach of statutory duty to LA legal, that should hurry them up.

I mean, it isn't hard to write a statement, and if the Order says what should be in it, it is even easier. No excuse for it.

Someone on here will know the section of the act puts the duty on them to issue the statement by a deadline. If you set it out nice and simply - here is act, here is duty, here is evidence of failure of duty, please can I have a letter before action, someone on that site might pick it up.

Icimoi · 19/03/2015 07:08

OK, I was sad enough to regard that as a challenge and begin to look it up, then I realised that I'm not sure whether you're expecting a proposed or final statement. Either way, it's one of the time limits in regulation 17 of the regulations printed at the back of the Code of Practice, the Education (Special Educational Needs) (Consolidation) (England) Regulations 2001.

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