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Can someone please help me with my sons statement. confused!!

7 replies

cazcaz · 02/06/2008 16:34

I've just recieved my DS2's statement ready for when he starts school in September.

When I sent the proposed statement back a few weeks ago I asked for several things to be changed, predictably they have changed none!

There were three points where I requested they wording be changed from 'should' to 'must'.

I have just phoned the case officer who (tried her best to)assure me that that is how all statements are worded and to change it means going pack to the ED Psych and SALT and asking them to change their reports? She also said that the word 'should' is completely legally binding and it is not necessary to change.

So... am I wrong in asking for these things to be changed? Is it fine?

I wonder if I am expecting too much as I know the school have appointed an extremely experienced full time LSA for him, the whole teaching staff is undertaking makaton training and they generally seem to be embracing having him in school.

Any advice gratefully recieved!

OP posts:
daisy5678 · 02/06/2008 18:05

You were quite right - 'must' must be there!

It probably IS how most statements are worded, but it shouldn't be! Legally binding - well, yes, in a sense, but it doesn't mean they have to do it, it means they should, which is very different!

Whatever they put must set out that it WILL happen (hence the 'must'), who will do 'it', how often etc. etc.

Don't give in - the EP and SALT do NOT have to change their reports - it is entirely at the LEA's discretion what they put in the Statement.

Good luck.

flyingmum · 02/06/2008 18:19

Its up to you to future proof your son's statment. The more woolley the phrasing the more likely it is that support, etc, can 'drift' off.

Compare the two phrases 'differentiated programmes of study must be provided' and 'differentiated programmes of study should be provided' Yes should does indicate it should happen but it also indicates an element of doubt - well it should but we haven't got the funding or the LSA left.

If there is no difference to the phrasing then why don't the LEA want to change it????

As a proviso to you LSAs leave - sometimes rather suddenly as I have discovered. So although you might be starting off with a brilliant one and this will hopefully be in place for a while - stuff happens and so future proofing your statement is advisable - ensure they quantify all the hours support he needs.

all the best

MannyMoeAndJack · 02/06/2008 18:35

The provision in your ds's statement needs to be as specific as possible, particularly if he going to a mainstream school. However, if he is going to a special school, then the specificity can be relaxed a little bit.

For example:

Not good: Fred should have access to a SALT each term

(this could mean that your ds sees a SALT just once!)

Good: Fred to access 1hr of speech and language therapy once per week throughout each term

Getting a LA to change any part of a Statement is extraordinarily difficult, they like loosely worded, vague sentences to which they cannot easily be tied. You may have to call a meeting to ensure your changes are made. Good luck.

AttilaTheMeerkat · 03/06/2008 06:58

cazcaz

Woud agree with the other responses. "Should" is actually not good enough; provision needs to be both specific and quantified. Case officer has misled you; the reports from the SALT and EP would not have to be rewritten.

WOuld also suggest you speak with either IPSEA www.ipsea.org.uk or SOS;SEN as they could also assist.

cazcaz · 03/06/2008 07:15

Thank you for the replies!

I will get in touch with IPSEA today. I'm really not happy with the 'should's as they all relate to speech and language and that is where the majority of his problems lay.

At the moment I trust the school to do the right thing with him but as flyingmum said things change, and I need to be sure that his needs are set in stone.

It's such a minefield isn't it!

Thanks again, Caroline.

OP posts:
LMAsMummy · 03/06/2008 10:24

Agree with all above - 'should' is not legally binding or enforceable. Stick to your guns and get LEA to alter. Good luck!

KarenThirl · 03/06/2008 10:28

I'm in the statutory assessment process at the moment, very early stages, and everything I've read to date advises parents to ensure that any support referred to in the proposed statement should be quantified and specific. The Statement is supposed to be a legally binding contract so there's no room for vague maybes. If you don't get it firmly in writing, specifying number of hours per week/number of sessions etc with each professional, you haven't got a leg to stand on if they don't deliver.

Mind you, from the accounts of many other parents I know it's hard to get what your child needs even if you've got it carved in stone or written in blood - if there's not enough in the budgets it just doesn't happen.

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