Q: I
find the LA delay almost everything which frustrates our right of
appeal. There is no time frame to amend the statement following Annual Review. Last
year they took EIGHT MONTHS to do so. This was found
as poor practise from the LGO.
IPSEA's answer:
There is a very clear time frame in which a statement needs to be
reviewed by the LA - 1 year (i.e. Annually). The clue is in the name,
although many LAs do not seem to be
clear on this. A review is due 1 year after a statement was first issued
following a Statutory Assessment (look for the date it was originally
signed at the very end) and thereafter by the anniversary. Remember
that the date will only change if your child is
re-assessed. An amendment of a statement following an Annual Review (AR), or even
following a SEND tribunal decision, does not change this date. Also be
aware that it is the LA's duty to make and maintain statements. The AR
meeting you have at the school is just an evidence-gathering exercise. The AR actually happens when the LA review the
Statement in the light of the evidence gathered at the meeting and
recorded in the Head Teacher report sent to the LA. They then send
you a decision saying whether they will amend the statement,
leave it as it is or cease to maintain it. Read the SEN Code of
Practise chapter 9. Eight months is a clear and total breach of the LA's
statutory duty.
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