Nothing is ever straightforward is it?

[DelsParadiseWife]

So after pulling DS out of a preschool that was failing him, we find out a new one is openining in local school so meet with the head and manager and stc they have agreed for our tutor to go in as ds' 1:1, at our expense (money I had committed to her anyway from pulling him out of previous preschool).

So all is good yes? - no

The new preschool is a private organisation simply set up on the grounds of a school. It is therefore not 'local maintained' which is what is 'specified' in ds' statement in part 4. This means the head has to go to the LA and talk to them about it, possibly ordering a statement review and therefore opening the statement again (in order to change part 4), IF they agree, which they probably won't because they are nasty beeches who we are taking to tribunal shortly.

Why is nothing ever straightforward?

Ouch. Why does it specify a 'local maintained' preschool? Ours just names the preschool (which is a private committee-run preschool)

Sorry Del / Star - preschool not my strong point at all.

Surprised they stated ' local maintained' in Part 4 and didn't name a specific school / pre-school.

If you transfer to the private sector Statement should still be honoured? That what happens when children are given places in independant schools because the LA does not have maintained schools that can meet their needs - the Statement continues.

Surely if ABA is not in the current Statement then the fact you pay for a tutor is irrelevant in Statement terms.

But as I said - pre-school is not my area

Dunno. Maybe they thought we were going to go for out of county.

It says specifically 'A local authority maintained mainstream preschool'

It's probably the most specific thing in the document. It didn't even name the preschool ds was at!?

Like I said, nothing is straightforward is it?

They don't mind the tutor, just the fact that they aren't the type of placement specified in part 4.

It gets sillier and sillier!

I told them I didn't give a shit about the statement and that if they locked him a cupboard for the duration they would still meet the entire document, but not apparently part 4! very

'Surprised they stated ' local maintained' in Part 4 and didn't name a specific school / pre-school.'

I'm surprised that you're surprised WetAugust, I thought you'd seen it all!

It's an invalid statement if it doesn't name a specific school - I did actually win that point in my appeal to the LGO on grounds that LA failed to follow due process in naming a school in Part 4 (ours was blank).

I think you need to explore the consequences of moving to the private sector while appeal is pending. - Again, not my subject area. Sorry.

'It's an invalid statement if it doesn't name a specific school'

LOL, yes but the statement is invalid and unlawful for a good many other reasons than that. Can you believe my case officer is not longer involved with us because she was promoted?

'- I did actually win that point in my appeal to the LGO on grounds that LA failed to follow due process in naming a school in Part 4 (ours was blank).'

Ooooh, that's interesting. So I can make them do it if that is what I want.

'I think you need to explore the consequences of moving to the private sector while appeal is pending.'

Yes, I have realised that and I've been trying to get some legal advice on it today. It actually came as a big surprise to me that they weren't LA maintained. I just assumed they were. Preschool is complicated because private sector placements are funded by the LA until statutory school age. Hence the confusions.

But like I said, - nothing is EVER straightforward! Grrrrrr

Preschool is complicated because private sector placements are funded by the LA until statutory school age. Hence the confusions.

I didn't know that - so there is no such thing as a localmaintained school to send him to if you wanted to - bizarre!

The LGO upheld that part because although the LGO cannot deal with matters where another dispute resolution bode exists (SENDIST) the LGO can investigate failure to follow due process - and due process states that a school is named in Part 4 in the Final Statement.

My situation was complicated like yours. Son got Statement 2 weeks before the end of his Statutory education at age 16 - LA refused to name a school as they admitted they had no suitable maintained provision so independant (expensive) placement was the only option for him and to have named such a school meant they would have continued to pick up the tab post 16 (probably to age 19) - so they refused to name a school.

Confused - I was

What happened, WetAugust - did he get the independent provision.

'so there is no such thing as a localmaintained school to send him to if you wanted to - bizarre!'

Not quite. Lots of schools have extended to provide preschool as well as nursery, so in those cases it is LA maintained (I think), but this preschool is on school grounds, but not a part of the school. Tis run by a committee and the Head of the school is on it, but still I think it is a private arrangement. It is a CofE school and I think the building is actually owned by the Scouts! I think it is a similar arrangement to what Lou describes.

Confused?

So yes I'm going to get some legal advice. It won't break my heart to not go there until after the tribunal (summer) but it would be nice to give ds a regular peer group.

Crazy WetAugust I presume you sorted it out!?

LOL, I'm not calling YOU crazy btw!

LOL - you wouldn't be far wrong calling me crazy!

yes lou - we did sort it out and he did get a suitable placement - paid for by the Learning & Skills Council as the LA washed their hands of him the minute he hit 16

It's just all so exhausting!

*just got ds' nursery school placement today. Different nursery from his previous school AND the one with are thinking about'

It is all so head-hurting!

I have this with our LA. DS is at a private pre school which takes free nursery place kids. Asked whether same status as maintained school nursery or not and eventually they decided it was. I would say that if the LA have approved the nursery as suitable to accept nursery vouchers (only nurseries registered with LA can get them) then the nursery has in effect signed up to the same policies as a school nursery re SEN / DDA etc and should be treated the same for purposes of statement. In fact LA amended our statement to name the pre school and stated it was parent preference. Are still appealing the crap statement as parental pref is nursery+ABA and the second part is still missing. Also nursery will have been OFSTED inspected for SEN etc. LA should be able to add a bit to Part 4 to say maintained school nursery or approved early years setting while appeal is ongoing and then you just have to make clear to tribunal you are appealing both statements for other reasons, but the funding can transfer in meantime. If you are with Fiona S. she will know about this as has just advised us about it when LA sent a second statement out of the blue changing Part 4. You can still appeal the first statement and then add in an appeal against any amended version. Hope that makes sense. Also LA have a duty to provide adequate childcare for working parents (not sure if you are working?) including for disabled children - see s.6 Childcare Act 2006. So if you work you can argue they have a duty to provide an early years place.

grumpy Thank you. That is very helpful indeed. Have you overtaken me though? Swift work!

Do you have your tribunal date (not asking for it)?

still not sent off papers started new job and really behind. It has to go next week. Kicking self not done it earlier. Know its going to be Sept at least . Not ahead of you just our LA so far sent us 1 proposed statement, 1 amended proposed statement, 1 final statement, 1 amended proposed final statement and one final amended statement! None of them any good mind!

Grumpy I know it isn't funny, but I just read your post to DH who PHSL.

Oooh good luck with your new job though.

Oh Delsparadisewife... your frustrations & LEA circles of uselessness beat mine, now I can see why you think there may be an sn full moon

I keep thinking I can't be shocked or surprised any more but then..........

I'm a bit depressed today, what with Clarissimo's thread, and the new people who are asking what to do after a refused SA etc. and Lou's thread about wheelchairs and yours.