Grace

Hi Sparkle, I'm a little rusty, but I will try to help. When it comes to schools there are three things to consider: 1. Can the school meet the child's needs 2. Would the child's placement there be detrimental to the education of the other children 3.Would it be an inefficient use of resources. So you need to know how much the maintained schools would cost, including any therapies that your professionals say he needs. You would need to prove your school is the cheaper option or that the other maintained schools can not meet your child's needs. And it is very important that your professionals are very clear why your school is the only option and the others are not. The Tribunal Panel will need this information or (in my experience) they can simply dismiss considering any other school put forward because they don't have enough information e.g. they will want a clear view from any school if they can meet your son's needs i.e. seen him/read his reports etc. So your LA can try (and they often do) to put in late evidence that the Panel may allow because it is information that they need. They might disallow, they might adjourn. Please be aware that last minute changes (even in the room on the day) can happen e.g. suddenly a school can meet needs that previously said could not or a report might suddenly appear out of thin air. The LA can break all the rules, but remember the job of the panel is to decide the best place for your son; it is not their job to judge the LA's behaviour. Don't get distracted by the unfairness of it all; be prepared for anything and request docs are not allowed in late. If they are going to allow in late docs and you think it would prejudice your case, you can ask for an adjournment. Good luck!

Thanks Sally; I'll look at that now

I think you are doing the right thing bjkmummy - enjoy your victory and know that despite all their underhand efforts, you won. If they do try it on again in the future and you can take them to judicial review, you can use this evidence as proof, their illegal behaviour was not a one-off. I think the LGO are a waste of space, but as judicial review costs the LA money, they do take note of that. If you get your notes in order now, you can use them again in the future if need be. Sally - please do you have the details of the case law re best endeavours: 'ruled that the Statement is a legally binding document and that "best endeavours" is not the right interpretation of the LA's legal responsibility to fund the Statement.' Something is happening at the moment where that case would be really useful.

Hi, Replying to your original post; if you have not had an independent Ed Psych report, I would go for that. Someone who can assess him, go into his current placement and observe and come home and take a history, view docs and talk to him at home. An independent Ed Psych report and the LA one can be miles apart, because LA Ed Psych's won't go against the LA. An independent Ed Psych can comment on any signs of anxiety and how your son reacts at school - she can quiz the staff. The benefit of an Ed Psych is that they can relate your son's anxieties to his educational needs. Did the LA Ed Psych suggest a clinical psychologist? As time is not on your side, and money is not either, I'd go for Ed Psych if you have not had a through report done already - observations are very important, as is noting your son's views. In terms of schools, if you are okay about residential then I'd search further afield -I think many parents have a very positive feeling when they find the right school - some schools might not tick all the boxes, but a +ve atmosphere and a willingness to be flexible and listen normally comes across clearly. And Sally is absolutely right - get those Data Protection requests in - school, LA and health - even if they won't come in time to submit evidence, they might come before the tribunal and can help on the day, as you can still say things verbally or you can try to submit late evidence, as soon as you receive it. Can be invaluable evidence. Best of luck

She could try contacting the Ed Psych service herself - addressing the letter to the Head of Educational Psychology (try getting the contact details via the council website/google or ring the central number; all else fails - send to Head of Ed Psych at the council's central address and send by recorded delivery). Say that she has been advised that Dyslexia and dyscalculia are suspected by school and when can she expect a visit by the Ed Psych to assess? If she wants a quick, thorough report which will stand up, should there be a battle to get the help, then if she can get the £500+ money together to get a solid independent Ed Psych report, then this might be a good way to go. If she does, she could consider a full report (more money but worth it) including school observation, as this will identify any additional needs. Does she have copies of any of his work? What she should be looking for are any signs that some of his work indicates a certain level of intelligence, but the work that he is producing does not match this. If she has any school reports that indicate their concerns etc, then send a copy to the Ed Psych dept. My son's school suspected for years and did nothing (and said nothing) and I don't regret getting the report done privately, but it's a lot of money and I agree, it should not be necessary.

A child is not getting a full education, and so there is definitely justification for a swift decision. The child's needs are paramount and there is no excuse for any LA to drag their heels. Two weeks is ample time to decide whether or not to amend. I would give them two weeks and then remind them of their legal duty to act in a timely manner. You can issue judicial review proceedings against them for any attempt to delay finalising the statement - I have heard of many LA's trying to avoid amending statements by delaying the issue of amendment notices. If they try to delay, write to them saying that you believe they are 'acting unreasonably in relation to your child' and you will have no option but to begin proceedings. SOS!SEN has info on this on their website. You are your child's advocate and it is not a question of patience; things take long enough without unnecessary delays.

Sally, have not been on for a while, but so glad I did to read this! Good for you and just a shame that you can't claim really for the additional stress. I always like to read about justice being done, but it really should not be that hard. Not heard of that ombudsman before - will definitely take a look for future reference! Hope the cheque is swift and you take a least a small amount out to celebrate!

Some useful info from CAF: http://www.cafamily.org.uk/pdfs/disabled_childrens_services.pdf

I asked SOS!SEN for a list and these were sent to me. I have not contacted any yet but Caroline Winfield seems very experienced at Tribunal. Caroline Winfield Chiddingfold, Guildford 01428 683 564 carolinewinfield@googlemail.com Louise Williams Guildford 01428 682 623 louise@therapyforchildren.co.uk Patricia Rush Somerset 01373 834 714 http://www.appleford.wilts.sch.uk/professional-staff.html dtcltd@btinternet.com Melinda Silson Greenwich, London 07843 625 239 melindacots@consultant.com

I also was shocked how quickly Joey was restrained and I thought that you were not supposed to restrain that way because it would put pressure on his chest and affect breathing. However, did you notice at the end, a comment was made about a new technique (or similar) which was when she allowed him time to calm down in his room. Makes me wonder if Louis had some kind of autism advisor with him, who looked at the films as they went along and as a result Carole, the mum was given advice on a better way. I must say though, she was calm and loving towards him, so I think her technique was just wrong and she demonstrated this by her willingness to change it at the end.

Well done Gorby - it takes a lot of guts to go before a tribunal, especially on your own and I think they will like having had the chance to see your son for themselves - I would have never dared to do that as my DS can come out with anything and my nerves would not have been able to take it! I think the Senco has probably been signed off with stress! I hope you get the result that you deserve/x

Great news Sally all round - even the more positive relationship with the LA - conflict is so horrible that now you have got what you need for your son, you can enjoy not having to keep fighting - a hard, well-won fight that should never happened, but you have earned the right to relax.

Have they given you any idea why there is a delay? Any human being should understand that at any time it is an awful wait, but it will completely ruin Xmas, if you are left with no news. Hope you hear before the 25th!x

Well I've done the extra time on the pregnancy thing, but at least the baby isn't going to pop out and disagree with you! Huge sympathy for having to wait - do you have any finger nails left? Seriously though, it's not funny when so much depends on the outcome; hope you get the decision you want/x

I was wondering of the LA had turned up at the Interim Review and if so, just how sheepish he/she was?!