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I don't think I'll win the independent special school at tribunal


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#1 Sparkle123

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Posted 21 May 2015 - 08:33 PM

Hi,

 

I have been a lurker for many months, but decided to sign up and join.

 

My son  is 5 and a half, he has verbal dyspraxia and ASD.

 

He is currently in mainstream school.

 

I have appealed parts; 2, 3 & 4 of his statement of special educational needs. I would like him to go to an independent special school, which they  have offered him a place.

 

I have done everything. I have reports from an independent SALT, OT and Ed psych. The SALT and Ed psych will be attending tribunal as well as the head of the special school.

 

I have handed in all my reports within the evidence deadline.

 

The LA are being very hush hush and undecided. They still haven't named a school for my son to go into. I've done the request for changes form and the judge ordered the LA to clear name a type of provision, but again they responded that they are still undecided and are waiting for my evidence.....

 

I am worried that my son may not get a place at the independent special school as my LA have many ASD units and only one ASD specialist school. 

 

Also, what happens if the independent reports say different things, eg. one report says my son needs a minimum of 1:2 direct group work and the other report says a maximum of 1:3. I just realised! and it's too late as I've already sent everything off to tribunal. Would this cause a big issue?



#2 Livelife

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Posted 28 May 2015 - 06:40 AM

I have to say I'm not an expert in the subject you have posted but should you get conflicting reports that contradicts each other I personally think you should be able to send additional information. If the reports come back and have an impact on the decisions then your opinions and imput as a mother should be taken into account seeing as whatever happens will be effecting your son. They should give you the opportunity to respond it's the decent thing to be done. I hope they are prepared to do this for you should this become a reality.

#3 Mihaela

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Posted 28 May 2015 - 11:03 AM

I'm sorry, but this isn't my area.  All I can say is that LA's cannot be trusted.  They're motivated more by cost considerations and short-term expedience than by a child's welfare.   Just be wary, and try to keep one step ahead of them.



#4 Livelife

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Posted 28 May 2015 - 11:12 AM

I'm sorry, but this isn't my area.  All I can say is that LA's cannot be trusted.  They're motivated more by cost considerations and short-term expedience than by a child's welfare.   Just be wary, and try to keep one step ahead of them.


Well said totally agree

#5 Kazzen161

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Posted 31 May 2015 - 04:24 PM

You say "I would like him to go to an independent special school".  LAs are not interested in what you would like - only in what your child needs.

 

You do not say whether your child is having problems at school (or more pertinently to the LA, whether the school is having problems with your son!).  Your argument needs to be based on what your son needs. You need to know what the LA schools can offer, so that you can argue that they cannot meet your son's needs, but that the independent school can. 

 

The LA know that once your child goes to an independent school, it is likely he will remain in an independent school til he leaves school - so it will cost them a lot if they lose the Tribunal.

 

I agree with the others - do not trust the LA - they do not have the best interests of your child at heart.



#6 Sparkle123

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Posted 01 June 2015 - 12:53 PM

You say "I would like him to go to an independent special school".  LAs are not interested in what you would like - only in what your child needs.

 

You do not say whether your child is having problems at school (or more pertinently to the LA, whether the school is having problems with your son!).  Your argument needs to be based on what your son needs. You need to know what the LA schools can offer, so that you can argue that they cannot meet your son's needs, but that the independent school can. 

 

The LA know that once your child goes to an independent school, it is likely he will remain in an independent school til he leaves school - so it will cost them a lot if they lose the Tribunal.

 

I agree with the others - do not trust the LA - they do not have the best interests of your child at heart.

 

 

Hi Kazzen, I think the issue is that as DS is a very passive boy, not challenging, does what his told etc. The mainstream school (even though they haven't told me) I presume think they can meet his needs. DS is only 5, so for now he is not having any "problems" at his current school or the other way round.

 

Now, if his current school or any of the neighbouring units view my independent reports recommendations, I'm not sure if they would meet his needs as the recommendations would be quite expensive.

 

Nah! I don't trust the LA one bit.



#7 Grace

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Posted 07 June 2015 - 08:19 PM

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!



#8 Livelife

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Posted 08 June 2015 - 08:25 AM

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!


I know there needs to be regulation and process in all things but I still think there are too many regulations and the process to complicated in finding a suitable school for autistic children.
There are many decisions made not solely on needs but financial concern area to name but a few. The whole system needs to be changed just for the sake of children who need the right environment and so many parents are enduring the pain and complications associated with this struggle, it shouldn't be this way deregulated and promote need.




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