If you go to Tribunal...

[daisy5678]

because the LA have amended the Statement by reducing provision, be it SALT/ TA time/ OT/ whatever, does that provision presumably get 'lost' in the meantime, while you're waiting for the appeal?

So if someone gets 2 SALT hours per week (hahahaha - as if) and the LA reduces that to 1 hour per week, and the parents appeal to SENDIST, does the child carry on getting the 2 SALT hours until the Tribunal's decision or does the child only get 1 hour?

Sorry, random question - will explain more soon!

I would have thought they should maintain what is there. For instance, if they want to move a child from school A to school B, they have to keep them at school A while the parents take them to Tribunal (on the assumption that school A has kept the place open). Mind you, I'd get some formal confirmation of that!

i would say it gets maintained too as they cant officially change the statement till you agree.

have found out the answer now - unless it's for ceasing to maintain the Statement, the changes happen anyway, whether you agree or not, while you wait to appeal

A friend of mine has had her son's Statement review and they've decided to reduce the hours. She doesn't agree so will appeal (and probably win) but yes, in the meantime, the child loses out on TA time and therapy!

Bonkerz if they amend the statement and you don't agree (like in this case), it's just like if they've first made it and you don't agree - they'll issue it anyway and then you appeal. But at least you haven't lost anything in that case, as you haven't got anything to lose, but I'm in shock about this, for some reason. Like someone could just come along and say 'oooh, need to cut budgets, let's just take 5 TA hours off each Statemented kid and then we'll save all that money while they wait to appeal'.

i am shocked at that givemesleep......s in theory they could turn around next september and say they feel my ds should attend mainstream and obviously i will disagree and appeal.......according to this DS will have to attend mainstream till we go to appeal and get him back in his special school??????????
have already been told we will have to fight to keep DS in priory school once he is of age to move up to high school!

I know, bonkerz - but I think you have a good case, given no m/s would have taken him at primary, to say that secondary is much much harder socially and he wouldn't cope. Just let them try . I guess the message from this is to make sure all professionals are willing to back up the statement as is and make it explicit in their annual review response.

And even if you win you don't et ANY money back. A friend of mine spent £30,000 a couple of years ago because her LA arbitrarily decided to move her DS from his school at transition to secondary although he could have stayed there (and did). She had to fundraise as well as work her arse off and her DH too.

I guess the money could be got back in that sort of case through an Ombudsman complaint though. Some cases have had a large amount of money awarded.