Re: OT - Statement removal

[Guest guest]

Kirsty I have never tried to do this but am wondering why you would want it

removed? Joe has had a statement since he was 3 even though he didnt go to

school at all until he was nearly 12. The LEA wouldnt honour their obligations

under the statement telling me he can have speech therapy etc when he goes to

school, but I kept the statement going and had an annual review every year

because I figured it was better to have something in place than start from

scratch with no statement at all when i actually wanted something from them.

Even without a statement I would still have had to have the annual visit from

the Home Ed person from the LEA to check I was giving Joe an education

appropriate for his needs so would not have been able to keep the LEA out of

Joe's education entirely.

Probably nothing to do with that but I am just interested why? Hope you dont

mind me asking!

x

>

> Hi,

>

> I want to have Sam's statement removed. Anyone on here ever done this before?

> Just want to know what avenues i have to go down

>

> Kirsty

> x

>

[Guest guest]

Kirsty, in case you are bothered about attending the annual

review.... we home ed and kept 's statement and do not have to

attend the annual review, they just send the old statement to us

every year. so we thought we may as well keep the statement in

place.

x

Kirsty I have never tried to do this but am wondering why

you would want it removed? Joe has had a statement since

he was 3 even though he didnt go to school at all until he

was nearly 12. The LEA wouldnt honour their obligations

under the statement telling me he can have speech therapy

etc when he goes to school, but I kept the statement going

and had an annual review every year because I figured it

was better to have something in place than start from

scratch with no statement at all when i actually wanted

something from them. Even without a statement I would

still have had to have the annual visit from the Home Ed

person from the LEA to check I was giving Joe an education

appropriate for his needs so would not have been able to

keep the LEA out of Joe's education entirely.

Probably nothing to do with that but I am just interested

why? Hope you dont mind me asking!

x

>

> Hi,

>

> I want to have Sam's statement removed. Anyone on

here ever done this before?

> Just want to know what avenues i have to go down

>

> Kirsty

> x

>

[Guest guest]

Don't mind you asking.

Two reasons

Firstly I am really struggling to get Sam's name off the school roll. He was

taken out of school last April and I am still battling the LEA to keep him at

home and am getting really fed up with it.

They have demanded Sam attend a SALT meeting at his old school this Thursday,

which i have refused as he will never step foot in that school again, plus i

wasn't too polite to the head of SALT whilst Sam was in school there (due to

treatment of him). They are demanding his Speech reports done there as the

school name is still on the statement. The Ed Psych was on board with me, but

then she had a mysterious meeting at the school and has written a report saying

his needs are too complex for me to deal with (which is crap)

The other reason is to do with immigrating to another country in a few years

time. Cannot get in with a statement

I will never allow Sam into a school again, any type, due to how he was treated

and how happy he is with me. So I just felt it was time to get rid of it?

I really do not mind who comes to the home to check on us, that has never been a

worry of mine, as i have always covered myself and everyone (apart from the Ed

Psych witch) has always been more than happy with the education Sam is getting

at home.

Kirsty

x

> >

> > Hi,

> >

> > I want to have Sam's statement removed. Anyone on here ever done this

before?

> > Just want to know what avenues i have to go down

> >

> > Kirsty

> > x

> >

>

[Guest guest]

Oh I see, that all makes perfect sense! I knew you would have a good reason!

Dont know the answer though sorry,

x

> > >

> > > Hi,

> > >

> > > I want to have Sam's statement removed. Anyone on here ever done this

before?

> > > Just want to know what avenues i have to go down

> > >

> > > Kirsty

> > > x

> > >

> >

>

[Guest guest]

Kirsty

Might be worth giving one or both of the following places a call and see what advice they can give.

http://www.ace-ed.org.uk/advice-about-education-for-parents/Special_Educational_Needs/getting-the-statement-right-a-practical-guide-to-parents-legal-rights

http://www.ipsea.org.uk/

x

To: Autism-Biomedical-Europe From: greenkirsty1@...Date: Mon, 7 Mar 2011 22:03:26 +0000Subject: Re: OT - Statement removal

Don't mind you asking.Two reasonsFirstly I am really struggling to get Sam's name off the school roll. He was taken out of school last April and I am still battling the LEA to keep him at home and am getting really fed up with it.They have demanded Sam attend a SALT meeting at his old school this Thursday, which i have refused as he will never step foot in that school again, plus i wasn't too polite to the head of SALT whilst Sam was in school there (due to treatment of him). They are demanding his Speech reports done there as the school name is still on the statement. The Ed Psych was on board with me, but then she had a mysterious meeting at the school and has written a report saying his needs are too complex for me to deal with (which is crap)The other reason is to do with immigrating to another country in a few years time. Cannot get in with a statement I will never allow Sam into a school again, any type, due to how he was treated and how happy he is with me. So I just felt it was time to get rid of it?I really do not mind who comes to the home to check on us, that has never been a worry of mine, as i have always covered myself and everyone (apart from the Ed Psych witch) has always been more than happy with the education Sam is getting at home.Kirstyx> >> > Hi,> > > > I want to have Sam's statement removed. Anyone on here ever done this before?> > Just want to know what avenues i have to go down> > > > Kirsty> > x> >>

[Guest guest]

Hi Kirsty,

You have to ask the LEA to 'cease to maintain a statement'.

They will agree only if they believe that it is no longer necessary to maintain

it, from annual review , if objectives have been achieved. You can opt out of

having to deal with LEA if you educate your child in a private school so they

no longer have responsibility for his needs.

June

[Guest guest]

Hi Kirsty,

Was it a final statement? Did you sign it?

You can choose 'education otherwise than at school' ie home schooling but LEA

still under duty to maintain & review statement annually. One way to keep them

out is to ask if they will fund ABA programme!

Not allowing migration with disabled child is surely breach of Human Rights Act

in European court & US too I imagine?

June

> > >

> > > Hi,

> > >

> > > I want to have Sam's statement removed. Anyone on here ever done this

before?

> > > Just want to know what avenues i have to go down

> > >

> > > Kirsty

> > > x

> > >

> >

>

[Guest guest]

Are you on the home ed lists? They know all about this type of thing

Mx

Hi,I want to have Sam's statement removed. Anyone on here ever done this before?Just want to know what avenues i have to go downKirstyx

[Guest guest]

Was this a special school ?In that case you do need the LEA to agree to have his

name taken off the school register and if they are anything like my LEA they can

make life very difficult ie say that you are not meeting his needs.

You need legal advice because you have to show that they are being unreasonable

in witholding consent and that is not easy .It doesn't matter what anyone says

about being happy with his home ed...its the Ed Psych or someone similar

working for the LEA who has to assess and agree in writing that you are meeting

his needs.

From a legal point of view ,Sam is truanting so they can go down that route

too.It took me over 2 years to come to a compromise.

Can you ask to have the meeting with the SALT at a clinic rather than the

school? or ask for a different SLT ? Have Sam reassessed ?

Good luck, Nina x

> > >

> > > Hi,

> > >

> > > I want to have Sam's statement removed. Anyone on here ever done this

before?

> > > Just want to know what avenues i have to go down

> > >

> > > Kirsty

> > > x

> > >

> >

>

[Guest guest]

Hi June,

you may very well be right about this, but does Kirsty really want to take on

that sort of battle, it would be much easier to just get the Statement removed i

would have thought, then no one would know that there was or had ever been a

problem.

We moved abroad as a family on a temporary visa to Australia, which was fine, no

problems doing that but whilst there we liked it so much we contemplated taking

up permanent residency. But when we looked into it we were told and we also took

independent advice which verified this situation and that was there was no way

that the immigration dept would ever let some one with a disability take up

residency in the country who could be a drain on the states purses, it just was

not going to happen, even though there was 3 healthy members of our family. So

we had to give up on that idea sadly. So Kirsty if you are seriously

contemplating moving abroad IMO you should bury that Statement as deeply as you

can.

Nikki x

>

> Not allowing migration with disabled child is surely breach of Human Rights

Act in European court & US too I imagine?

>

> June

>

[Guest guest]

Thanks Nikki.

You going to be at the conference in June? Would be great to catch 5 minutes

with you as want to do exactly as you said.

And i cannot face a fight at the moment with the LEA at the moment!

Kirsty

x

>

>

>

> Hi June,

>

> you may very well be right about this, but does Kirsty really want to take on

that sort of battle, it would be much easier to just get the Statement removed i

would have thought, then no one would know that there was or had ever been a

problem.

>

> We moved abroad as a family on a temporary visa to Australia, which was fine,

no problems doing that but whilst there we liked it so much we contemplated

taking up permanent residency. But when we looked into it we were told and we

also took independent advice which verified this situation and that was there

was no way that the immigration dept would ever let some one with a disability

take up residency in the country who could be a drain on the states purses, it

just was not going to happen, even though there was 3 healthy members of our

family. So we had to give up on that idea sadly. So Kirsty if you are seriously

contemplating moving abroad IMO you should bury that Statement as deeply as you

can.

>

> Nikki x

>

>

> >

> > Not allowing migration with disabled child is surely breach of Human Rights

Act in European court & US too I imagine?

> >

> > June

> >

>

[Guest guest]

Hi,

Sad situation that a disability should erode a person's Human Rights and your

case highlights the cost factor in these decisions. Unfortunately its not so

easy to make a statement disappear, its a legal document defining the

educational needs of a disabled child.

Another way to move out of radar of LEA is to move boroughs and not inform new

borough of child's needs. The law is devised to protect children so they do get

an education, disabled or not and there are not many loopholes except where LEAs

do not diligently track the child in question. Even with home education there is

a responsibility on LEA to attend annual reviews.

June

>

>

>

> Hi June,

>

> you may very well be right about this, but does Kirsty really want to take on

that sort of battle, it would be much easier to just get the Statement removed i

would have thought, then no one would know that there was or had ever been a

problem.

>

> We moved abroad as a family on a temporary visa to Australia, which was fine,

no problems doing that but whilst there we liked it so much we contemplated

taking up permanent residency. But when we looked into it we were told and we

also took independent advice which verified this situation and that was there

was no way that the immigration dept would ever let some one with a disability

take up residency in the country who could be a drain on the states purses, it

just was not going to happen, even though there was 3 healthy members of our

family. So we had to give up on that idea sadly. So Kirsty if you are seriously

contemplating moving abroad IMO you should bury that Statement as deeply as you

can.

>

> Nikki x

>

>

> >

> > Not allowing migration with disabled child is surely breach of Human Rights

Act in European court & US too I imagine?

> >

> > June

> >

>

[Guest guest]

If it's for immigration purposes wouldn't medical records show the disability?

Vicky

Re: OT - Statement removal

Hi,

Sad situation that a disability should erode a person's Human Rights and your case highlights the cost factor in these decisions. Unfortunately its not so easy to make a statement disappear, its a legal document defining the educational needs of a disabled child.

Another way to move out of radar of LEA is to move boroughs and not inform new borough of child's needs. The law is devised to protect children so they do get an education, disabled or not and there are not many loopholes except where LEAs do not diligently track the child in question. Even with home education there is a responsibility on LEA to attend annual reviews.

June

>

>

>

> Hi June,

>

> you may very well be right about this, but does Kirsty really want to take on that sort of battle, it would be much easier to just get the Statement removed i would have thought, then no one would know that there was or had ever been a problem.

>

> We moved abroad as a family on a temporary visa to Australia, which was fine, no problems doing that but whilst there we liked it so much we contemplated taking up permanent residency. But when we looked into it we were told and we also took independent advice which verified this situation and that was there was no way that the immigration dept would ever let some one with a disability take up residency in the country who could be a drain on the states purses, it just was not going to happen, even though there was 3 healthy members of our family. So we had to give up on that idea sadly. So Kirsty if you are seriously contemplating moving abroad IMO you should bury that Statement as deeply as you can.

>

> Nikki x

>

>

> >

> > Not allowing migration with disabled child is surely breach of Human Rights Act in European court & US too I imagine?

> >

> > June

> >

>

[Guest guest]

Hi Kirsty,

YES, hoping to be there!!!.... and happy to share our experience if it helps.

If you want to talk before them mail me off list and i will send you my Tel. No.

Nikki x

> >

> >

> >

> > Hi June,

> >

> > you may very well be right about this, but does Kirsty really want to take

on that sort of battle, it would be much easier to just get the Statement

removed i would have thought, then no one would know that there was or had ever

been a problem.

> >

> > We moved abroad as a family on a temporary visa to Australia, which was

fine, no problems doing that but whilst there we liked it so much we

contemplated taking up permanent residency. But when we looked into it we were

told and we also took independent advice which verified this situation and that

was there was no way that the immigration dept would ever let some one with a

disability take up residency in the country who could be a drain on the states

purses, it just was not going to happen, even though there was 3 healthy members

of our family. So we had to give up on that idea sadly. So Kirsty if you are

seriously contemplating moving abroad IMO you should bury that Statement as

deeply as you can.

> >

> > Nikki x

> >

> >

> > >

> > > Not allowing migration with disabled child is surely breach of Human

Rights Act in European court & US too I imagine?

> > >

> > > June

> > >

> >

>

[Guest guest]

I'm not sure that they would have an automatic right to view medical records

Vicki, maybe if they suspected a problem there could possibly be avenues that

they could use to access them.....??? I dont know for sure though...........

But in our case and anyone entering Oz on a long stay visa i believe (?), you

have to have a medical performed for/by the immigration dept. to check out your

health, this included a chest xray for all of us! This would have highlighted ds

problems even if we hadn't let them know beforehand. Which we had anyway as we

needed to organise schooling for him.

Nikki

> >

> >

> >

> > Hi June,

> >

> > you may very well be right about this, but does Kirsty really want to take

on that sort of battle, it would be much easier to just get the Statement

removed i would have thought, then no one would know that there was or had ever

been a problem.

> >

> > We moved abroad as a family on a temporary visa to Australia, which was

fine, no problems doing that but whilst there we liked it so much we

contemplated taking up permanent residency. But when we looked into it we were

told and we also took independent advice which verified this situation and that

was there was no way that the immigration dept would ever let some one with a

disability take up residency in the country who could be a drain on the states

purses, it just was not going to happen, even though there was 3 healthy members

of our family. So we had to give up on that idea sadly. So Kirsty if you are

seriously contemplating moving abroad IMO you should bury that Statement as

deeply as you can.

> >

> > Nikki x

> >

> >

> > >

> > > Not allowing migration with disabled child is surely breach of Human

Rights Act in European court & US too I imagine?

> > >

> > > June

> > >

> >

>

[Guest guest]

Yes they would, Sam had his diagnosis done privately but it is on his records.

I want it removed for two reasons, not just immigration. We can get to Oz on a

temp work visa so thats ok, but I am worried the Ed Psych is trying to get Sam

back into school

Kirsty.

> >

> >

> >

> > Hi June,

> >

> > you may very well be right about this, but does Kirsty really want to take

on that sort of battle, it would be much easier to just get the Statement

removed i would have thought, then no one would know that there was or had ever

been a problem.

> >

> > We moved abroad as a family on a temporary visa to Australia, which was

fine, no problems doing that but whilst there we liked it so much we

contemplated taking up permanent residency. But when we looked into it we were

told and we also took independent advice which verified this situation and that

was there was no way that the immigration dept would ever let some one with a

disability take up residency in the country who could be a drain on the states

purses, it just was not going to happen, even though there was 3 healthy members

of our family. So we had to give up on that idea sadly. So Kirsty if you are

seriously contemplating moving abroad IMO you should bury that Statement as

deeply as you can.

> >

> > Nikki x

> >

> >

> > >

> > > Not allowing migration with disabled child is surely breach of Human

Rights Act in European court & US too I imagine?

> > >

> > > June

> > >

> >

>

[Guest guest]

Kirsty

The Govt are going to replace Statements with personal care plans in 2012 so if

you were thinking of taking up this soon why not just hold fire? It might be

very useful for you to have this statement, because it proved you did have

entitlement to services - it could be a criteria. Who knows. They're certainly

not telling anyone yet but Hang on girl!

Eileen xx

>

> Hi,

>

> I want to have Sam's statement removed. Anyone on here ever done this before?

> Just want to know what avenues i have to go down

>

> Kirsty

> x

>

[Guest guest]

Eileen,

Do you think it would come in this quickly for children who've already been in

the system for some years? I was assuming the newly-diagnosed who were only just

entering the system would be processed first. It could perhaps take some years

for everyone to lose their Statements?

Margaret

> >

> > Hi,

> >

> > I want to have Sam's statement removed. Anyone on here ever done this

before?

> > Just want to know what avenues i have to go down

> >

> > Kirsty

> > x

> >

>

[Guest guest]

Hi Margaret,

I'm thinking along your lines. I think K should keep her statement because it

would be a hard job for to re-assess a lot of kids already with statements, so

one of the defining criteria might be " there is already a statement in place " if

you wanted to access social care money, i.e. respite, and/or change

schools/access a new school in a new area. I feel that it will keep her options

open. She might be able to access a personal care budget that she is unable to

now, because she has a statement. So in her shoes I wouldn't be handing that

back to them on a plate. We don't know what they're up to yet. But I am

watching these shenanagins with great interest. And it aint good.

Eileen xx

> > >

> > > Hi,

> > >

> > > I want to have Sam's statement removed. Anyone on here ever done this

before?

> > > Just want to know what avenues i have to go down

> > >

> > > Kirsty

> > > x

> > >

> >

>

[Guest guest]

Hi Eileen, Margaret, anybody - What will happen to kids like mine who is just about to have the Statement ammended to name a different post 16 placement. Do you think they will try and just replace it with a personal care plan? How do you appeal a Statement being taken away in those circumstances? Can anyone advise me about the current right of appeal if eg SLT suggests taking therapy away (she has made lots of rumblings already in reports). How long do you have to appeal? Our Year 10 AR is this week! To: Autism-Biomedical-Europe Sent: Sun, 13 March, 2011 13:26:06Subject: Re: OT - Statement removal

Hi Margaret,

I'm thinking along your lines. I think K should keep her statement because it would be a hard job for to re-assess a lot of kids already with statements, so one of the defining criteria might be "there is already a statement in place" if you wanted to access social care money, i.e. respite, and/or change schools/access a new school in a new area. I feel that it will keep her options open. She might be able to access a personal care budget that she is unable to now, because she has a statement. So in her shoes I wouldn't be handing that back to them on a plate. We don't know what they're up to yet. But I am watching these shenanagins with great interest. And it aint good.

Eileen xx

> > >

> > > Hi,

> > >

> > > I want to have Sam's statement removed. Anyone on here ever done this before?

> > > Just want to know what avenues i have to go down

> > >

> > > Kirsty

> > > x

> > >

> >

>

[Guest guest]

I suggest you ring SOS! SEN tomorrow morning (google will find them).They are

doing a workshop soon about what to do if an LA proposes to end the Statement,

but you need help sooner.

Margaret

> > > >

> > > > Hi,

> > > >

> > > > I want to have Sam's statement removed. Anyone on here ever done this

> >before?

> > > > Just want to know what avenues i have to go down

> > > >

> > > > Kirsty

> > > > x

> > > >

> > >

> >

>

[Guest guest]

I totally agree with Margaret.

Ring SOS-SEN 020 8538 3731.

Then: 0845 345 4 345 Community Legal Aid, to seek advice.

http://www.communitylegaladvice.org.uk

If you can afford it I would be calling Maxwell Gillott. If you have more than

£1K equity in your house it is unlikely you will qualify for legal aid. But you

still may find some preliminary advice and sources. If you do think you will

quality, Community Legal Aid will assign you to a solicitor (but mention you

need someone with this specific expertise i.e. Maxwell Gillott)

I would be clarifying who would be funding the post-16 placement and when that

funding legally ceases. Ask SOS-SEN who they believe is legally responsible. In

my LA the LEA funds education up to the age of 18, but an adult plan can start

to be put together and run along education by age 16. The battle usually starts

again at age 18. Bear in mind it can vary from authority to authority. Don't

panic and Good Luck!

Eileen

> > > > >

> > > > > Hi,

> > > > >

> > > > > I want to have Sam's statement removed. Anyone on here ever done this

> > >before?

> > > > > Just want to know what avenues i have to go down

> > > > >

> > > > > Kirsty

> > > > > x

> > > > >

> > > >

> > >

> >

>

[Guest guest]

I think i will keep just for now, but still have the fight to keep him out of

school!

I met with my ASD Home Ed group and they had some useful stories etc.

Just want him taken off the school roll. Nice to hear though that the school

have claimed money for him for the last year! Wonder why they have delayed doing

any reports!!

Kirsty

x

> > > > >

> > > > > Hi,

> > > > >

> > > > > I want to have Sam's statement removed. Anyone on here ever done this

> > >before?

> > > > > Just want to know what avenues i have to go down

> > > > >

> > > > > Kirsty

> > > > > x

> > > > >

> > > >

> > >

> >

>