Sally44

Yes, take any late evidence - with copies for each panel member and one copy for the LA. And give it to the Panel as late evidence and ask for them to admit it as it is relevant to the case. The LA may refuse to admit it, especially if it goes against what they are saying. But you simply say that this report by the SENCO is crucial, especially as the SENCO could not attend today, that their opinion on your daughter and her needs is known. At our tribunal we submitted a diagnosis of an Anxiety Disorder on the actual date of tribunal. The LA refused it to be admitted. But the SEND Panel are independent, and they decide if it is relevent or not. Obviously a diagnosis of a SEN is important when you are talking about a Statement and what the Statement should contain, so of course they admitted it. In your case the Panel need to know what professionals opinions are regarding your daughters SpLD. They need to know that to give an informed opinion on whether the LA should assess for a Statement. So they need to know what the SENCO's opinion is, especially as she could not attend and an adjournment was not agreed due to the timescales involved. Don't take their earlier refusal to admit the SENCOs report as meaning they won't accept it on the day. They usually do. They accept it on the day because everyone is there and can read it. Late submissions are notoriously difficult to get sent to the panel members in time and for that reason alone are often refused.

I didn't think they'd agree to an adjournment. What I recommend is that you take a notebook and pen with you and make a note of anything the LA says that you want to counter. As you know you get frequent breaks during the tribunal itself. You can ask the Panel if you can answer some of the points raised at the end - and they should be happy for you to do that. During the breaks write down what your counter argument is to anything the LA have said, and then just read it all out at the end as a kind of closing paragraph. I think they are bound to order an assessment for a Statement simply on the grounds of how far behind she is now, and how you [and the LA], need to know what her needs are so that she has the right support and the right placement for secondary school.

How old is your son. Is he on any medication? I think your question is hard to answer, other than you knowing your son and what is 'typical' of his usual behaviour. What is it about your mother and brother's lifestyle that he does not like? For example, my son has ASD and OCD, and he would struggle with anyone who he felt was likely to contaminate him or his house or his family with germs etc. And if put in a situation where he had to meet or be near such people he would get very upset. Regarding the language he used, it is hard to know whether he actually meant it. My son and children with an ASD can say some very literal things and not have any intention of doing them. Again, it would need you to know your son's understanding and use of language. And why is he running away? Is his depression being treated? Is school just too much for him at the moment? Is there anything else in his life that could be causing additional anxiety? Involving the organisations you have means that they are going to follow their procedures, and does not mean that they will necessarily understand or take into account his ASD. Basically they don't know him. So would have to respond to threats he has made. But the main point is what happens from here onwards? I agree with Jeanne that he needs a proper psychiatric assessment, whilst in a mental health hospital setting, by a professional [psychiatrist and clinical psychologist] that does have knowledge and experience of working with children or adults with an ASD and Anxiety.

His main need for support at the moment is his OCD and anxiety. He goes to an independent special school where they have SALT and OT employed on site - so you would think they would be much better at meeting needs. But they have approached the whole situation with "we are not going to recommend a, b or c because we don't think the LA would fund it." That is the wrong approach. It is about identifying and meeting need and making recommendations for the Statement to be amended to reflect that. But they didn't do that. We had the AR in February. Still awaiting the LA decision letter. I'm still not sure where we are going with all this. I wrote a detailed letter to everyone involved, because it is a combination of school, LA, NHS and Childrens Services all failing to do what they should and all failing to communicate with eachother that has got us into this mess in the first place.

Childrens Services have now offered to fund residential at his current school. Seems more positive. We need to have a meeting at his school and see if we can get our concerns sorted. And then to see if my son is happy to spend any more time in school. I have also bought a dictaphone to take to any future meetings. I'm not paranoid, just very suspicious of the system, especially that involving childrens services.

Alternatively, or as well as, you can lodge a complaint with the Parliamentary and Health Service Ombudsman. This is the link http://www.ombudsman.org.uk/ I know all this paperwork is frustrating and daunting for you alone. But your advocate should be able to help you do it. And I know that you should not have to do it in the first place, but it is becoming more and more common for those with the most need having their support reduced because they are the less likely to be able to complain about it. You also have the evidence that you do need this support because you are paying someone directly yourself. So keep that paperwork too. I remember the problems you were having with ATOS previously, as you probably know thousands of others had problems with them too. So please do not think it is a personal attack. It is about large organisations either making a mistake, or trying to save money. Try to get your complaint in, as any compensation or restoration should start from either when your payments were reduced or stopped, or when you lodged your complaint. Don't just ignore it.

I know how frustrating all this is. But please do not burn documents and paperwork because if you ever need it as evidence, you've not got it. If the Direct Payments are part funded by Social Services, they are employees of the local authority. So you can lodge a complaint with the Local Governments Ombudsman. It is relatively simple to do, and your advocate should be able to help you do that. It would involve writing a letter of formal complaint to your local authority and stating in the letter that it is a formal complaint about your Direct Payments being stopped and ask them to carry out an investigation and give them 14 days within which to respond. Once you have their response, if you are not happy you can lodge a complaint with the LGO, which would simply involve a telephone call and sending them a copy of your letter and the LA's response.

I doubt SEND will agree to adjournment.

For our tribunal we had it cancelled two times. Once with just 24 hours notice. It was SEND's fault as they had overbooked appeals in the expectation that a large majority of them pull out. We were supposed to have the original Tribunal in April. We finally had the Tribunal in October. Because SEND had moved the dates twice, it made my reports more than 6 months old. We had already had an earlier Order from the Judge stating that he wanted the appeal papers in two bundles [as there was so much evidence]. He wanted a 'core bundle' of documents and reports that were less than 6 months old, and a supplementary bundle of the remaining evidence. By October the independent SALT, EP and OT reports were over 6 months old. Because the SEND judge had ordered that the core bundle had to be less than 6 months old, and SEND had moved the appeal date so that all my reports were older than that, I got SEND to reimburse me for all my reports, which had to be re-done. I simply argued that their own Order said the Core Bundle had to contain documents less than 6 months old and due to two cancellations all my reports were now older than that and so the Core Bundle would contain nothing. So it is worth making that point in your reasons for not agreeing to an adjourment.

State that you do not agree to an adjourment because: The LA have had plenty of notice of the Tribunal date and so have any witnesses they wished to attend. That you have struggled to get appropriate child care arrangements for your two other children who are both autistic and so you want the current date to stand. That the witness they are calling has already written a [report or letter?] that agrees with your reasons for lodging the appeal ie. it confirms that your daughter is falling further behind, and attach it for SEND to see. That currently you have reports that are less than 6 months old and any adjourment could make them older than. If SEND requires reports that are up to date, request that the Judge should Order that SEND or the LA will fund the cost of any re-assessment reports you may need to obtain if the Tribunal date is moved. Plus anything else you can think of. You can also add how long you have been seeking support for your daughter who is now ?? years old, and that this appeal is about a decision on whether the LA should assess or not. If SEND Order the LA to assess you still have the Statementing process itself where every professional will get a chance to assess your daughter again and that time is moving on and you want her to receive the support she needs as soon as possible. Do you have any witnesses that are attending for you?

Thanks for the links. I'll look them up.

If they do seek an adjournment they should send you a copy of that request, and you respond to SEND saying you do not agree and give your reasons why.

He first came under childrens services when I sent them a photo of my son where he had cut off his hair and eyelashes. He has OCD and a child at school had told him his hair was full of germs. I have been asking for help and support both during school holidays, therapy for my son from a clinical or educational pscyhologist, and additional support in school. All services have failed to provide anything. All that happened was he was put on the child protection register. And we have been told we have to supervise him - day and night - at weekends - during school holidays - and 50% of term time when he is refusing school.

It is amazing what a couple of years will do.

I assume the LA has already contacted SEND via a Request for Changes form, asking for an adjournment? Query SEND if they have because they should have sent you a copy of that request. All you need to do is respond to SEND, not the LA. Send in your own Request for Changes form detailing why you do not agree to an adjournment. The LA have had plenty of notice of this appeal date. Say that the venue is convenient for you. Say that you have 2 other ASD children and you have had difficulty arranging childcare for this date, and so do not want another date. You can include this teachers report that she gave to you and include that with your request for changes, as late evidence, and evidence that backs up your case.

I know, my thoughts exactly. How can you say no concerns when out of school 50% of the time, referal to clinical psychology [they have refused to accept referal twice now, but say my son "cannot manage any level of anxiety". My son does get one night a week residential. The day and night staff respond differently to his OCD obsessions and compulsions, which does not help. Quite a few people have said to me to consider section 20. But I have to be confident that the school will carry out his Statement and do what is needed. I don't have that confidence at the moment. So school, Clinical Psychology and Childrens Services have not provided anything. Due to something my son did, and something I said, Childrens Services are now looking at a section 20 - I think. It is all very confusing and a system [education, health and social care systems], that do not seem fit for purpose. I'm just going to have to wait and see what happens, and get legal help if I need it. If possible I want to keep him at the school he is currently at. We've already had a couple of school changes. But I do have one other school I can go and visit if needed.

Waiting to see what they decide. I've been advised to get legal advice once I know IF they are going to do that. What SS did say was that they could/would put together a "package" of support that might not involve him being residential at his current school - but remaining a day pupil [so how is that going to help with the transitions??]. They did say that we would have a parental right to say that the package was not suitable and to turn it down. Then they added that if we did that that they might decide that our decision was not in the best interests of our child. We contacted them for help and support for Yiannis and the family. They haven't provided us anything. They have incorrectly assessed and placed him on child protection list. They have told me my sister and mum cannot supervise him as they don't think they are capable. They have never met them! They have said he is at risk of drowning in the bath and of scolding himself. He is average cognitive ability. He baths himself independently in school and at home. My son is refusing school 50% of the time. We are superivising him at home. Clinical Psychology have refused a referral from CAHMS and school. So nothing additional or different is being offered by Childrens Services, the NHS or School. School have really let my son and us down. They are again saying the mantra "we have no concerns", eventhough he isn't in school 50% of the time and eventhough he has been referred to Paediatrician for anxiety related diarrhea and vomitting. Here we go again. The stress this is placing on all of us is unimaginable. My husband and I cannot eat or sleep. I've had to tell my son there is a possibility he could live in school [and in a school that no longer meets his needs]. This is a living nightmare.

My son might become an accommodated child. Waiting to hear the outcome of Childrens Services meetings. Very unhappy, very angry, very confused. Been asking for help and support for years. They come and assess, say he is at risk of harm, they don't offer any support. Totally desolate at the moment.

Send in all your evidence just before the deadline for submissions. That makes it harder for the LA. they have less time to read your evidence and make counter claims or get other evidence as the deadline for submissions has closed. The more time you give the LA the more time you give them to fight against your case.

I would contact IPSEA/SEND about this, but my understanding is that the right of appeal is from the date of any letter from the LA either saying they are, or are not going to amend the Statement - or I suppose a letter saying that they are going to cease the Statement. As you say the Statement was fine. So it isn't the date of the Statement. It is the date the LA decided to make any change to that Statement. And I don't even know if they can try to make a change to a Statement without holding a formal Review process. And as the Statement was finalised in January that should stand. Don't panic. Get some advice. All you have to do to lodge an appeal to SEND is to say that you want to lodge an appeal about part 2 or 3 or 4 or all of them. You don't need to go into any more detail at that stage. You then are sent dates by SEND within which you must have met certain deadlines. One of those deadlines will be the deadline for submissions. You don't need to submit it all at the beginning of the appeal. If you find that the LA has acted illegally, you might also be able to complain to the Local Governments Ombudsman about the fact that they did not follow the proper procedures.

I would be quite confident that they will either agree to assess before the Tribunal, or agree or be ordered to on the day. As it is now quite close to the Tribunal date, I think it might be worth you still attending even if the LA does agree to assess. Because although the LA might agree, they could spin that out. The Panel will most likely order that the LA does assess and you could ask the Panel for a timescale within which the LA must have complied. It might be worth asking the Panel if they will be specific in asking for standardised assessments by all professionals, to include investigation of all her difficulties and needs [and list them - to also include dyslexia]. Also include the fact that the school is asking her to sit and re-sit assessments because her results are so poor - so her actual scores [which are very low themselves] are actually worse than the first test results. Do you have any papers of a first and second sitting of the same test? If not I would hold on until you are about a month into your appeal against the Final Statement. And then do a Freedom of Information Act search and get all the paperwork [electronic and on file] from everyone who has had any dealings with your daughter. You will need to write to the school, LA and the NHS, but you might come up with some very useful information. Or for this Tribunal, you could write into the school about this specific incident your daughter has told you about and ask them for the results of the first sitting of the assessment. Ask why she was required to sit the same assessment twice within a matter of days, and why the school decided on the second sitting of the assessment to provide her with a scribe [which I presume she does not have day to day in school?]. Was the scribe and reader and a writer?

I would have thought that as being on the spectrum means you must have some difficulty with speech and language and social communication that affects your mother tongue to a clinically significant degree, that that would almost certainly mean additional difficulties with a foreign language. There are some with AS that have a savant ability with languages, but that is the exception rather than the norm. I don't know if Disability Discrimination Law would be helpful in this instance at all.

It is going to be hard for them to produce anything on the day, and the SEND Panel is not going to be happy. I would type up a file note of your telephone conversation with the SENCO as it is relevant that she did not know what Dyspraxia or Hypermobility was, but then said her professional opinion was that your daughter has no issues. How could she possibly know? Also she is not the relevant professional who should even comment on these diagnosis. It is an Occupational Therapist for both and an Educational Psychologist for the Dyspraxia.

Doesn't really make sense the school saying they will refer to their LA EP, but it is not to do with Statementing. Any issue the child has, that needs a referal to an EP for advice, should be included in any Statement. So I would agree with you and say that for now it would be best to wait for the outcome of the Tribunal, as if SEND order that the LA must assess for a Statement, I presume that would be your LA, and not the LA the school is in?? And that might help somewhat as your LA EP would realise that anything they recommend would be paid for by another LA anyway. Whoever is going to assess, make sure you write to them and ask that they carry out standardised assessments of her cognitive ability and emotional recognition in herself and others.

Remember that it will look very strange if the LA EP assesses and finds the results are much better than your EP. And with standardised assessments it is hard to acheive that. Plus you also have the Dyslexia teacher saying no progress. So I would not worry and let this EP assess, and write to the Head of the EP service as i've said above. Whatever this EP's findings are, your daughter has to make progress. So if he finds she is much better than your EP report, when you have another EP report for the appeal to the finalised statement, they will find that she is probably worse than the LA EP's report, in which case she will have gone backward on assessment results, which is even worse than not making progress. And if the LA EP finds similar results to your EP then that is good, and if he finds she is even worse, then that is even better. So the LA EP cannot win really when you see it like that.