The Law has Changed!

[TheMatrix]

For those who have a statement and had an annual review at which the school recommends additional support, but the LA decide not to change the statement - there is good news.

A new Bill has been passed and is now law which amends the Education Act 1996. There are a number of changes, including the right of parents and carers to appeal directly to SEND Tribunal if, after an Annual Review, the Local Authority review and decide not to change a statement.

Local Authorities are required by law to review statements every 12 months (see Education Act 1996, para 328 5b) regardless of whether that have attended the Annual Review. There is no set time when the LA review any recommended change, but if they do not inform Parents/Carers within a 'sensible' time period, they can be deemed to be acting unreasonably (and clearly not in the child's interest) and as such can be taken to High Court. (Prior to this amendment, the only recourse was to start from scratch with a new request to the LA to conduct a Statutory Re-Assessment). Further advice can be found by going to the SOS!SEN website www.sossen.org.uk

The changes now make it highly unlikely my DD will ever get a statement.
the whole funding structure has been moved and we have been SHAFTED

Cans omeone link to new rules? We ahve review next week

Clarissimo
Go to the 'stop press' page of the above website - the info you need is there.

Piffle
I am unsure of your comments - do you mean post 16yrs move from Learning Skills Council back to the LEAs? If so that was not part of this Bill (now Act).
I have no idea of your specific problem, but I have not seen anything in this new Bill that should change the likelyhood of obtaining a statement - it has always been B. difficult, but many have received one by sheer perseverence and help from some organisations.

Right thanks

Aq if anyone knows:

we ahve an remergency review but it has been rescheduled so many time that it is a week or so before annual was due anyway. if they refuse then extra support rrequested can we then just appeal to sendist or would that have to be at AR?

This Law is very new - it references the Annual Review not an interim review called for any reason. If it were me, as the AR is very close, then I would wait for the AR to get the new requirements discussed and specified by the school and to the LA.
The LA have to write to you saying that they accept or decline the schools recommendation - then you can appeal to SEND (was SENDIST - they have changed their name).

Trouble is ds1 has already ended up in hospital amongst all teh delays

I will see what SENCO advises though (she seems onside), thanks

Okay, the way I understand it is that the bill has been passed, but what it actually says that it is up to the Secretary of State to implement it, which they haven't yet.

That's how I understand it anyway. It is a good step forward, but not yet clear how/when it will actually be reality.

Also, it is a bit ambiguous what the critera are for being able to sumbit an appeal. If it simple that a school says they need more support then surely the LA will ban schools from having a voice!? as they do now.

Not trying to put a dampner on it, really, but like most of these things it isn't straightforward afaics.

So basically I satick with gameplan and threaten to sue the buggers if nowt happens (did you see ds1's hospital thread AW?)

Is that the 'why is it always ds?' thread?

I looked for it but couldn't find it, and then I found out that my LA were doing something 'interesting' wrt ABA and lost myself to that. Could you link?

nope this one

AngryWasp
Interesting comment re SofS. I am not a lawyer, but I understood it received Royal Accent ie it is now the Law of the Land and has been fully implemented. I would be interested to know where you found that it is up to the SofS whether or not to implement it.

Fully agree that things are not yet clear - it is too new! But a big step in the right direction in my opinion.

Various interest internet groups but I'm not a lawyer either so I'm happy to be proved wrong. It IS law of the land, but the law of the land says that the SofS gets to say when it happens is what I understood. They don't get to say 'wether', just 'when'.

Agree it is good news though, at least a promising step.

It's true, the Act has been passed but s29 states that certain clauses (incl right of appeal) will be implemented at a future date. Extremely gutting for us as we have an annual review next week and the change will come too late for us dammit. Here's a link to the Act itself just so there's no doubt opsi.gov.uk/acts/acts2010/pdf/ukpga_20100026_en.pdf

dontgetmad do not give up hope yet I have my annual review a week after yours...it takes 8 weeks for statement and if proposed amended...you are looking around July for final statement...now they are hoping to get this act up and running by elections (May) and you also have 14 days after final statement...so fingers and toes crossed...for both of us

On the other hand it usually takes a year for most acts to be fully up and running...but at least their is always next year which without this act children can be trapped for years without right of appeal!

Many thanks to AngryWasp - you are right in that the SofS has yet to bring it into force via a Statutory Instrument. However, I fully agree with want2sleep re don't give up hope - this Bill was pushed through quickly so there is a strong feeling that current Law is inadequate - it WILL happen.
I also have a review within 2 weeks and I fully intend to cajole my LEA and I shall also quote this Law - whilst I appreciate the LEA are not bound to follow it YET - the intention of higher authorities is firmly there!
If they refuse, then they are clearly not considering the needs of the child first and hence I will write to MP's, newspapers etc to do my absolute best to ensure my child gets what he needs.

Yes Riven it will do once the SofS give the go-ahead. However, you could make a lot of fuss in the meantime knowing that it is coming. Perhaps say you want all your current slt allocation over a 6 months time period with 6 months off, and hope that the SofS has moved by then to get the rest which you can use in the following 6 months perhaps!?

Yes Riven, at your next annual review the act should be fully in place. If you and slt ask for 40 hrs and statement not changed you will have grounds for appeal at last the ball will be our courts....thanks to Lamb etc

Matrix and want2sleep, do you really think we could benefit from the fact that the law is definitely on its way to be being changed? We were desperately hoping to get an increase in provision for our son at next week's annual review and I've been utterly devastated since learning that although the Act has been passed the most important clause of all is suspended. I'm willing to fight however I have to, but the thought of hitting a complete dead end terrifies me. He really, really needs the help now

dontgetmadgeteverything As you can see from above posts, there is a delay in implementing, probably hampered by the election.
It is important that you get firm and strong recommendations from the school/senco/specialists to the LEA after the AR.
Whilst LEA's are not bound YET by this law, it is coming. Clearly it has been recognised that a change is necessary and the intention is fully spelt out in the Act. In future LEAs may be more prepared to look at all evidence and make a more informed decision, knowing that Parents have the right to go straight to Tribunal rather than start the process from the beginning.
It is my 'feeling' that they will not want to be seen to act unreasonably or not in the child's best interest. If you can demonstrate that they are ignoring the evidence and are only interested in costs then you have some hope of embarrassing them into the correct decision.
Ask them to state whether they will provide the additional provision and if not, tell them you intend to take it to your MP & local newspapers for the reasons above. You then need to carry it out - I understand that MP's can be very helpful - guess it depends on your MP.
Sorry, but the bottom line is that until SofS acts, then you have no right - but it is well worth trying.

Updating this post - the law has been implemented from 1st September, so parents who have an Annual Review after this date will be able to use it to their advantage. (if the AR is a few months before, then it is not so cut and dried - see below)
IT IS IMPORTANT that parents/school state what changes to the Statement are necessary at the AR and this is minuted.
If the LA refuses to amend the statement, then appeals can be made direct to SEND (and not start from the beginning again). :)

See the excellent SOSSEN website (www.sossen.org.uk) for more details.

the Matrix thanks for that:)

Ds final statement in august and have till October to appeal (which I am) So I don't think I am effected, but really good news for others...the tribunals are going to be packed to the rafters...the LEAs wil have no escape from their responsibility anymore:)