Statement - but no word final or right of appeal

[2boysnamedR]

JR starts on the 9th. Statement is piss poor. Speak is not a educational need. No 1.1 and nothing quantified or specified. No independant reports included. So it's not a final version. Does the JR still stand?

final statements can also be piss poor.

In my LA the word 'final' is in the title - before tribunal it was a 'final statement' and after it is a 'final amended statement'. The appendices are added but the only reason that indi reports commissioned by me are included is because they were submitted with Parental Views and are in the appendix. The indi reports do not contribute to the writing of parts 2 or 3. My SALT report was completely ignored and I had one sentence added that DS1 had been diagnosed by DK. This is code for 'do not trust the diagnosis' as statements usually document that the child has a diagnosed need but won't name the diagnoser or refer to their employment status. My LA does not put indi reports that it didn't commission in the Medical appendix. There should be a covering letter with the document outlining your right of appeal to sendist.

Obviously JR can't be used to make the LA issue a decent statement and they can't be JR'd if they have produced a final regardless of how crap it is. But you then have right of appeal of parts 2, 3 and 4.

I had no covering letter, no right of appeal. No words of final or draft. It just says statement :0/ so right now I don't know if I can jr or appeal :0/

I understand the problems of 'just asking'.

Other clues - is part 4 completed and is it signed and dated?

Yes it has a part four. It's signed and dated

I have no legal expertise and am just a mum, but it sounds like a final in that it has the key characteristics (even given the obvious omissions). Is the date recent (i.e. since the tribunal ruling and not the date of the NIL)? If so, you have 2 months from that date to appeal - you don't need the covering letter to confer those rights.

When you appeal to tribunal they will ask for a copy of that letter but you can explain that you never received one. Tribunal will not look favourably on an LA failing to inform of rights.

If the JR was based on the failure to produce the statement, then it can't go ahead now you have it. The fact that they haven't quantified or specified anything doesn't stop it being a final version. If it's signed and dated it sounds to me as if it's meant to be the final.

Email them now asking for the covering letter as a matter of urgency - tell them you want a scanned signed copy - but go ahead anyway with preparing your appeal. If you don't get the covering letter by, say, Wednesday, go ahead with lodging the appeal, explain they haven't sent the covering letter and enclose a copy of your email.

Have they changed it from the Note in Lieu version at all, and have they paid any attention to what the tribunal said?

Does sound like a final due to the part 4 part as if it was a draft/proposed part 4 would be blank. Its all very similar to what my LA has done. I sent a snotty email saying they hadn't done what was agreed and they did send version 2'where my reports were appendices but still dire so my appeal based now on both versions. They are meant to be doing version 3 but are stalling which is fine cos the tribunal date continues to get closer

Tribunal orders have kind of been taken into account in that they now reference the medical reports but it's still the nil. Also the paed and it medical reports although included don't count as it says that ot, gross and fine motor skills, slt is not a educational need. So ref the omissions but then dismiss them.

I don't want a amendment. I want to appeal.

They just spout vacuous drivel

Here's my covering letter

Here's the letter pmsl!

Oh no! Do says its rude to write in red ink I never want to be rude...

I would check if you can amend the JR to include the requirement to send you the letter that is required by law, the one stating that you have so long to appeal, and the usual parent partnership stuff.

And I would get an appeal in asap anyway.

And lob in a second one when the official letter comes in and ask for them to be joined.

And start counting costs because what they are doing is pathetic and wasting a lot of time and taxpayer's money.

Don't forget NAS volunteer