can a LA at any point just issue yet another version of a statement?

[bjkmummy]

yep its me and my LA again - come back from holiday to find that of course of Saturday I got a little present - 3 letters from the LA - lucky me including an apology for them failing to pay the costs order on time.

anyway this is about my ds who is in an indie school won at tribunal with ot and salt included.

AR last nov - sen officer started to twitter about the OT and SALT - school had provided reports but sen officer not happy and wanted further clarification.

fast forward to feb this year - year 6 transition - LA left it to the last day to issue the statement and they named indie school for secondary school and had slightly amended the SALT part.

there was a letter saying that still nofurther OT report so LA were asking for it again(clearly they had forgotten to chase it) and when that report did become available they would amend the statement next AR - all good so far......

till now - after issuing a finalised statement in feb they have now sent me another finalised statement - assume it is as comes with the right to appeal but then also oddly with the form where I can make comments as if it was a proposed statement!

they have they said amended the OT provision as they now have the report - no copy of this report with the statement so no idea what it says plus school now shut for 2 weeks!! the OT still there but clearly now watered down with now only access to an OT with sensory intregration training.

so can they do this? issue a finalised one is feb then issue another one with no AR meeting in April - needless to say the date on the new statement is 1st April!!!!!! but I think this is no joke!

I thought my son was sorted and here we go again.................

In the car, so can't give you a full reply.

Sections 8.125-8.133 of 2001 SENCOP are where you need to look. 8.132 clearly gives the deadline for amendments in phase transfer - 15th Feb "in the year of transfer" - I can't see how this new final final amended statement is consistent with that.

In any case, if this wasn't a phase transfer year, I don't think they can move from one final amended statement to another (would go back to proposed amended).

Surely they can't just decide to issue another Final statement changing the provision when they feel like it?! Wouldn't they have to call an interim review first, especially as you haven't even been privy to the OT report on which the changes have been based? I think they are on shaky ground.

Also, they cant just change a statement without giving you a proposed statement and the chance to comment first. All very dodgy.

I think im just going to have to lodge a complaint aren't I? fed up though as although finally got the costs money last week after lodging a complaint, they have now messed up the direct payments so they have stopped leaving me in a mess as the carers still need paying and then now this............ its starting to feel quite personal at the moment

hard to say if it is a final or a proposed - it says revised??? but comes with the right to appeal but then also a form for me to say if im happy or not like you would with a proposed! odd school haven't sent me a copy of the OT report as they are usually pretty good when it comes to these things which also makes me think there is something more going on and of course school is now shut for 2 weeks for easter

I really take my hat off to you bjk - I don't know how you are managing to keep on top of it all. It's like trying to juggle an infinite number of balls.

I know - I thought this was all sorted for this son and I could breathe whilst I fight on for his sister but clearly that's not going to happen either - its as though they are goading me to be unreasonable and get angry and upset but im not going to do that

You could try contacting the OT directly tomorrow and ask for a copy.

It probably does say "access to" though.

I would try and find a way to rely on the first 'final' statement. I don't like the idea of you going into an appeal in a transition year - the LA might try chancing their arm at arguing for one of their own schools.

I think the code of practice is with you. If you can spin out the argument over their right to re-amend the final without a re-assessment then with luck the OT will stay in place.

By the way. have you ever thought of leaving your lawn sprinklers on on a Saturday?

this is what concerns me senvet - part of me thinks let sleeping dogs lie but then I also think they cannot get away with this so im thinking about doing a complaint and asking for the first statement to stand - if they want to amend it then so be it they can call an AR and do it right - the sen officer even sent me a letter in feb confirming if the report came in they would amend at the next AR. I cant contact the OT I think as school is closed now so think she will not be working - the OT is employed by the school and I do trust them hence why if the OT reports states access to then I will let it go.

he will still be getting OT so that is a positive but the ayres SI has been removed which in theory I don't have an issue over either as they are doing other therapy with him and the TAs at the school are well trained in SI and he has weighted jackets etc so he is well supported - its more I guess whether I want to fight it on principle that they think they can just change it when they like and not follow the correct process.

I don't want to take this to a tribunal for the reasons you give senvet that the LA could use it to do other things - the indie school placement is still named for secondary school

Contact school there might be someone there or someone checking the main emails. There was a letter sent out last week with the new address for the main admin office (HB) so try emailing them. I've got the classteachers email as well if you want to copy her in on it.
At least you know that he will still get the OT input regardless of the statement but like you say its the principle of it all.

If this is meant to be a final statement, point out that it is unlawful unless they first issue a proposed statement and consult you on it, and that therefore the previous version is the only valid one and you expect them to comply with it in full.

My paranoid advice would be to bracket feelings of trust toward the school.

Does the document name part 4? It sounds as if the LA requested SALT and OT reports to inform the final produced following AR. Bracket the complexity of them not receiving the OT report until after the deadline. If the LA had received the same OT report before the deadline they would have acted the same - i.e. removed provision. You would have been issued a proposed with watered down SALT and removal of direct OT therapy. I seem to remember that having Ayres suspension equipment or not was significant in judging whether a particular school could meet needs? Would the LA be able to argue that needs could now be met elsewhere?

Request a copy of the report from the OT asap. Do you have grounds to appeal the removal of provision? How have the school assessed sensory integration?

In my case the onsite OT carried out assessments (movement assessment battery for children, beery visual motor integration, test of visual perception) and recommended access to a therapist rather than direct therapy. Seems all well and good except that the statemented provision does not relate to issues that these assessments measure - his objective is to 'develop his sensory processing skills and reduce tactile defensiveness' and this is why the provision lists therapressure and Ayres SI.

The school did the same thing for SALT so I had a repeat assessment done by the SALT commissioned for tribunal by the LA and she has repeated the correct assessments and as a consequence repeated the provision listed in the original statement. I don't know what to do with the report. The assessments indicates that DS1, at the age of 14, has the higher level reasoning skills of the average 7 or 8 year old. It is not surprising that without support he was unable to cope with the pressures in year 9 with choosing options and is unable to attend school. But the school are playing hardball - threatening to record absence as unauthorised and refusing to deliver what is still statemented provision. Part of me thinks there is no point in sharing the report with the school because I will never be able to persuade DS1 to return and it is not the right place for him. DS1 has only attended for a coupe of weeks since christmas but nobody is contacting me. I don't think the LA even know. I tried to get DS1 to visit another school but come the morning of the visit he wouldn't get up and any attempt to talk to him resulted in hiding under the covers, rocking, screaming and hitting himself.

Luckily, the LA don't appear to have noticed removal of direct SALT and OT and did not issue an amended following the AR and I am hoping it is now too late - what is the timeline, AR was on 23 Jan? If they had (or still do), I will appeal. I went to tribunal for parts 2, 3 and 4 not just part 4.

If I wanted a different school, what do I do? I am considering JRing the LA as they have not turned up at 2 ARs or contacted me since tribunal and the provision has broken down because the LA did not ensure that the school delivered statemented provision?

Sorry for hijacking your thread and for writing an essay

no worries for hijacking keep - you have been a rock through my own journey with my children especially with my dd. with my ds im waitng for the school to reopen in a couple of weeks as nothing I can do until then - the indie school is still named as part 4 so that is all good and it is a very good school and he gets SI throughout the day including in class. the ayres part of the SI is not critical for him and in fact it was the LA OT who had recommended that not mine.

going to go and re read your post again - be right back.....

keep that is rough. What does dc want to do?

You are probably well ahead of me on this, but have you had a home visit from a GP to witness the anxiety and write up his medical state?

Do you have some online options that interest dc like BBC bitesize, or something that he actually wants to do?

Sorry if none of this helps, but I am chucking them in as a way to say that I am thinking of you

I don't know what DS1 wants apart from to drop out and be the next Pewdiepie He thinks that home ed is the 'worse idea ever' and won't even do the work the school has sent home. He says he wants to go to a school but then I can't even get him to visit - even though I had prepared him with photos and we had even done a drive by and then a park in the car park and observe. The school is sympathetic but he still needs to attend a visit and do several taster days before they could offer a place.

I haven't taken him to a GP - it is difficult to even get him out of bed before 3pm . It would be different if DS1 were attending the GP in any case but I am not putting him through that just to satisfy the school. I will only arrange a home visit if I think it is in DS1's interests and had a specific aim - like accessing CAMHS.

I have read the DfE guidance for recording absence and it says that schools should only request evidence if they have serious concerns that there is no genuine medical reason. DS1 was unable to attend school prior to his current placement and this is documented and evidenced and he was classified as 'medical' and had home tuition provided by the LA. I'd like to see them try and record absence as unauthorised, especially as I consider it to be a consequence of their not meeting his needs or delivering provision.

bjk - what else does your DS have in the statement? How does he get SI throughout the day? DS1 just has 'an environment that supports his sensory deficit needs' which means that there are no OT short term targets on his IEP. No targets = nothing to measure/no measurement of progress. Same thing with SALT - all down to the environment so no targets and no measurement.

his iep is incredibly detailed - runs to quite a few pages with targets for lots of different things including SALT and OT - although the SI ayres therapy has come out ( it was only meant to be for 10 sessions in the first place) they have added other things and the OT still has to have the SI qualification but the word access to has appeared at the beginning of the line - I need to see this report.

I have been thinking about you keep and I just don't know what to suggest - but also it is wrong that you have just been left completely alone to try and sort this out by yourself plus I know you are also fighting for your other son at the moment. does sound like he wont go back to your current school and I think that may be the best thing as it seems lots at the school has changed since he started there. but then how will you be able to assess another school if he cannot go with you - its so difficult and he has ruled out home education as well - dyslexia action do now do online tutoring which is something I may consider depending on what happens on my journey. just keep posting on here so we can listen and support you the best that we can