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nicadh

Appealing a NIL

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Hello

 

I am helping a friend appeal a NIL this week at tribunal. I would just like some advice about how to pitch things to the panel really. The LA say the usual "school can meet needs without a statement from delegated funding".

 

She has support in school, but it isn't everything that the NIL says should be happening. I can play this either a) School need a statement/EHCP to enable the recommendations to be met properly as 1:1 support needed to carry this out or B) School are doing everything possible from the NIL but her NC levels are not improving despite this. I will chat with school before the hearing to find out if they prefer to argue they are doing everything, or they are doing their best but need more help - no time to get this in writing, but they will be at the hearing this week.

 

The child is in year 5 now, and her mother is very worried re secondary schooling especially and wondering if a non mainstream placement would be better. We really need to make this work now so we can get moving on a placement before secondary if possible (considering independent specialist placement where my daughter goes to, so know we will have to fight the LA hard for this.) We don't have independent reports due to finances though which is a frustration. Ed Psych report is not quantified and specified despite the parent asking for this - the EP said she felt unable to do that...same story I was fed when we went through it. We may be able to push that further on the OT input needs however, but I think that is probably not the biggest part of the NIL appeal, but more for a later tribunal re placement and provision. I fully expect if we win this appeal for the OT part to be overlooked completely in any statement/EHCP at least initially.

 

So, advice on things to really focus on would be appreciated please. I had the benefit of legal support for our hearings, I am helping my friend as I have been there before and know some of the process and expectations so I can support her...so, I really want to get it right for the sake of a lovely little girl who deserves better support in school.

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You can argue for a Statement on lack of progress, or the gap widening between the child and their peers.

Or that they have difficulties that are not covered by delegated funding ie. specific recommendation made by a professional of xx hours of speech and language, or occupational therapy or specialist teacher for dyslexia etc.

School have funding for 'access to' professionals, not for detailed 1:1 hours documented in reports as needed by the child.

It is hard to get any LA or NHS professional to recommend specific hours, but they should and you can ask them to quantify and specify as that is what the Code of Practice says they MUST do. Or alternatively get independent reports.

 

Find out what the amount of delegated funding to the school is.

Find out what that would cover.

Find out what the child is currently receiving.

 

If they are NOT receiving all of the delegated funding then ask the school why.

 

 

Use ALL of the arguments above.

 

If the child is not receiving all the delegated funding the Panel may ask that the school provide that to see if progress is then made.

 

But if the child needs specific professional 1:1 intervention, that will NOT be covered by delegated funding because it costs too much.

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in my case now shes getting 18 hours a week - no SALT or OT which we have specified and quantified in the reports plus we are paying for specialist teaching - we have a report which recommends daily specialist teaching so that helps - had the indie EP today so that will be interesting - school levels given last week and she has fallen behind further - LA still fighting it tooth and nail though - they state that OT is a health need and they are disputing our SALT report and instructed an NHS report but with 5 weeks to final evidence to go no sign of even an appointment

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Anything a child needs to access education is an educational need and that is how the SEND Panel will interpret it.

 

On IPSEA.org website it has a section about LAs saying that SALT is not an educational need. That point has been argued and won in case law, so ALL SEND Panels will fall in line with the previous judgement.

 

If you have evidence that your daughter continues to fall further behind, then that is good - from your tribunal point of view.

 

My son has OCD and I have been looking into whether that would be considered a 'health' need. Under the new Statements [cannot remember what they will be called], it states that professionals have to quantify and specify for health needs too.

 

So in our case the 1:1 support and constant and consistent Behavioural Therapy approach for his OCD should be detailed in part 2 [needs] in part 3 [educational provision required to meet those needs] and also in part 6 [health]. As long as it is in part 3 it is okay for it to be in part 6 as well.

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got the indie EP results today - in the last year since she was first dx with dyslexia the gap has widened and she has made no progress at all and is now even further behind her peers than what she was when we went to the refusal to assess appeal so all of the interventions school have had in place hasn't worked and even us funding dyslexia teaching has not been enough to try and close the gap between her and her peers. all this in a school of just 29 kids and in a class of 17 so how on earth she is going to cope and manage at a secondary school with 1000 kids I have no idea - we are visiting a dyslexia specialist school tomorrow with her so will see how that goes

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Good luck on the visit.

 

With your LA dragging its feet, have you talked to SEND about your appeal. Because you need to get the placement sorted and the statement legally binding. At this appeal you are supposed to be looking at SEND Ordering the LA to issue a Statement. Can you ask SEND, as part of this Appeal, that if they Order the LA to issue a Statement that SEND word that Statement on the findings of your reports and name your parental choice of school so that she can start there for year 7. Because other wise you will most likely end up at another Appeal about the contents of the Statement and where will your child be going to school in the meantime for year 7?

 

You should have a transitional Review of any Statement in February for you to have time to appeal to SEND before she starts secondary school.

 

Might it be in your interest to ask SEND for a telephone case conference to identify the main issues of this case to see if an Appeal can be avoided and the LA agrees to issue a Statement. Your argument would be as you have said - no progress and falling further behind - and that you need to have the option of appealling the Annual Review of any Statement in February 2015 for the start of secondary school in September - especially if you need a specialist placement, which is what your daughter needs.

 

I am entirely sure that your LA is dragging this out in the hope that you will miss the start of the secondary school academic year in September 2015 because you will again be in the appeal process.

 

When you visit your choice of school, ask them if they have a place and IF they could keep it available for your daughter to join her year group later in the academic year.

 

Does this school do any assessments on your daughter during her visit there?

 

IF my suggestion above is not an option don't panic. If your daughter does not have a Statement/Appeal in place for your parental choice, then she will end up at the mainstream secondary school and you will have to leave them and wait for it all to come crashing down. Don't help or advise or anything. Leave her to fail, because that failure proves your case. Unfortunately the system is like that as you know.

Edited by Sally44

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the school was fab and I could see her there - its a weekly boarding school and costs 38k a year and includes all of the therapy - transport would be fairly expensive as its 100 miles away but the nearest dyslexia school to us. having been chatting to another friend who has two children at your sons school and she thinks I should visit it - its 50 miles from us = 1hr 20 mins = again the transport costs will be expensive and also the cost of the day placement is higher than the boarding school we saw last week and im guessing dyslexia teaching needs to be bought in whereas the other school its all ready in place. what a headache but I need to get the statement first so need to focus on that. the LA have said they want to meet with us but now gone quiet and this has been going on for weeks trying to agree a date so just a stalling process really.

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I know that my son's school does boarding. Does the Dyslexia one?

 

If both do, then look at what the main needs are for your daughter. Is it ASD first and Dyslexia secondary, or the other way around. Ask the dyslexia school how many pupils at their school have an ASD. Ask if the teaching is ASD friendly, and if the therapy is also ASD specific/friendly - incase the LA argue that the Dyslexia school cannot meet her ASD needs. So make sure they can. And if there is anything your daughter needs that they don't currently provide within their standard fees, ask them to let you know and ask if they can find out how much it would cost additionally to get that therapy in. Also ask for the cost of weekly boarding and coming home at weekends.

 

Same applies for the ASD school. Ask what specialist dyslexia teaching they can provide within their standard fees and how much it would be in addition to the day placement costs, and also ask for the weekly boarding costs too. My son has a teacher who comes into the school every Monday.

 

Remember it is all about needs. So make sure you are clear on which school can meet her needs, and then you argue that ONLY that school can meet all the needs. And meeting those needs may also include the need for being residential due to the distance [i'm not sure what is the cut off point for in terms of daily travelling mileage to/from school where SEND would agree to residential - find that out.]

 

Remember that although this is all costly, there is no monetary limit on what a Statement can fund so don't be shy about the costs of meeting each and every need. Statements are about identifying needs and meeting them. It is therefore a total waste of money to send a child to a school where they will not cope, where they will fail to make any progress and where they will not be able to become useful and productive members of society.

Edited by Sally44

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