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Statements if you move?

12 replies

shimmerysilverglitter · 24/06/2010 14:59

What happens? Do you have to be re-statemented in new location of do you take current one with you?

Are they re-assessed annually?

Any information about statements please. Thank you.

OP posts:
StarOfValkyrie · 24/06/2010 15:05

I'm interested in this.

I 'think' that the current statement still stands but the new LA have the right to initiate a emergency Annual Review, which could lead to the statement being opened and changed, which they might do, but which is risky because it then opens it to appeal.

So, usually they just leave it as it is, figuring that you 'won' it one way or the other already so their chances will be small and in any case you can challenge their process if they are seen to be doing it unfairly.

This is as I understand it but I haven't researched it properly yet.

silverfrog · 24/06/2010 15:22

it still stands when you move, but as star says, an emergency review can be called, or new LA might just wait for annual review, if not too long.

I think, star, that the rest of what oyu said depends on what LA you are moving into, and what is written into your statement.

eg we have won dd1's statement. full time ABA school, out of county placement.

ironically, we own a house in the county that dd1's school is in (we used ot live there, moved ot present LA for dd1's last school) but we cannot moveback there, and are stuck with the longer commute, etc.

if we moved back, new LA would certainly challenge, bacuse they have recently opened a new provision for ASD, which has notbeen proved unsuitable to meet dd1's need. just because we proved that where we are, doesnot mean that that argument holds for new LA.

new LA can and do re-open statements for this very reason - they have retained a lawyer purely to fight ABA cases (used ot fight ABA for the parents until LA offered more money) - they have already doen so, and won, removing ABA since the new provision opened.

of course, it would be a matter of time, in our case, becasue we would fight and re-fight, but it would also be wastedyears of dd1's education, and damage done in the meantime.

so, basically, the arguments oyu use ot win provision in one county cannot necessarily be carried over - each LA's provision varies, and it is up to the parents, as ever, to prove that what the LA is offering is unsuitable. often this involves trying it and proving it fails.

StarOfValkyrie · 24/06/2010 15:28

good grief Silverfrog, what a ridiculous position you are in.

a bit about that lawyer though. Still, I guess they're in it for the money. I don't see many cheap lawyers of SEN even working for parents.

Not sure if we have a lawyer against us atm. I'm told they get parachuted in at the last minute often.

sugarcandymountain · 24/06/2010 15:56

If you mean attending the tribunal Star, the LA has to put their name down on the attendance form. Suppose they could also put it in as a last minute change.

Our LA has put up a barrister against us, but we have one too.

AttilaTheMeerkat · 24/06/2010 16:02

Shimmery

AS I understand it the statement moves with you if you move into another LEA.

They are re-assessed annually at the Annual Review.

silverfrog · 24/06/2010 16:57

oh, you couldn't make it up, star!

but overall, even though our situation is bizarre, it has probably worked out for the best for us. if we had stayed inold LA and tried for ABA school (we did not know at the time that dd1 could attend where she is - it used ot be the case they took form age 8. they applied for a variatoin to accept dd1) we would almost certainly have lost.

Old LA used ot lose cases hand over fist - there was absolutely no provision for ASD SN schools. there were units, and then there was SLD schools with mixed SN intake. said lawyer won loads of casesagainst the LA - decision taken that it would be more cost effective to build shiny new ASD provision and retain lawyer for ridiculous money, rather than keep losing tribunals....

of course, ours is an extreme case - if, for example, dd1 had generic SN school named, then I have no doubt that owuld be maintained. or if a unit was named, etc. but you know how it is with ABA - most LA's are desperately keen to eraseall mention of it asap.

WedgiesMum · 24/06/2010 18:17

We moved county last year and 'took' our statement with us. We moved in June (ie just before the end of the academic year) and it was reviewed by the new county in November on the proper review date.

The advice I would give is to talk to the school you are wanting to send your child to about what they feel may happen and get them on side first. We did this and we also spoke at length to the Ed Psych for the school and the Inclusion Manager for the area and the people at the LA who would be re assessing the statment on its review date. We did all of this before we even moved and lobbied hard before the review.

I think that all the personal contact and prior information really helped us. We had quite a large statement from the county we moved from (as in large for them IYSWIM)of 18 hours 1 to 1 time and were concerned as the new county were not known as a particularly generous one. We knew DS would need this to continue for at least another year as he was just about to go into Y6 and then transition into Y7 this coming September. The School we moved too were a fantastic support (which is the reason we chose that school)and we actually INCREASED the level of hours

shimmerysilverglitter · 24/06/2010 18:56

Thats the thing, we are in London and they have been absolutely fabulous. I know this from situations I read about on here. He is HFA and we have 32 hours one to one, SALT and OT input and we got that straight away because of our SENCO who is obviously very well respected, basically she said he needed it and he got it.

Now trying to get him into ABA school. My concern now is if we move and he is not even in this school there is no way he will get it elsewhere.

OP posts:
StarOfValkyrie · 24/06/2010 18:58

I dunno shimme, it's all a bit of a game I would think. If you have a good LA then sometimes it is even harder to make a case for ABA than if you have a shite one iyswim.

It aint hard to argue for ABA here because you're arguing against an alternative of pretty much nothing.

silverfrog · 24/06/2010 19:06

agree with star that if you have a good LA it can be hard ot make a case for ABA.

our LA has really good provision for ASD. people take our LA to tribunal to force a place at the state rpovision we were turning down... we were lucky in that dd1 was out of year, and we could force their hand to a degree.

tribunal's look at whether the placement is suitable, which is sucha broad term. it all hinges on what is specified in the statement as needs. you need ot get the statement re-written to reflect tha tonly an ABA school will meet need.

it is very difficult.

we had a crack-hot team for our tribunal (used David Urani as EP), and even then we were on a 50/50 chance, they reckoned. Urani said that he thught dd1 was in the right place (and his report obviously reflected that) but his opinion was that we would be lucky ot be able ot convince tribunal that the state offered place (if they had managed to find one) would not suit, as the state place has such a good reputation.

it is really hard.

silverfrog · 24/06/2010 19:06

which ABA school are you looking at, btw?

roundthebend4 · 24/06/2010 20:39

We moved with statement and they called a review within 6 weeks slightly differnt as ds out of school as previous Lea was just about to have review to change statement

we have been lucky very since Herts do not have good reputation they was falling overself to give us speech unit and that was on nothing else other than private reports

Did not get Ot on final cue me hissy fit and ds now has so it can work out better

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