Sally44 - you are amazing....thank you for your reply. I should point out, I am probably a control freak with regard to any solicitor (legal aid or not) as I don't think any one can look after my daughter's interests like her mum!
Our daughter is 13 years old - diagnosed ASD & ADD in 2010 (we lived in France for 5 years) - thus a late diagnosis. She began high school in mainstream however she began self harming. Blindly, we thought Home Education would solve things but found it unsustainable. We cannot afford to mess this up again. She has not been in school since February 2012 - Year 7. She should have started Year 9 this month!
LEA has re-assessed (took over 8 months) and has offered a maintained school for "emotional and learning difficulties" however I feel its wrong. Previously identified an independent school however now aware of events which raise concern regarding its suitability with the implementation of a controlled self harm procedure.
Earlier this year, the same solicitor was previously engaged when I noted in Part 4 that travelling any distance with our daughter is extremely difficult as anxiety and sensory levels are overwhelming, she produces physical symptoms e.g. panic attacks, sweating, nausea etc. The school nominated by LEA is 38 miles each way. Our daughter clings to what makes her feel safe and refuses to go any where without either parents or brother. The solicitor considered less than 60% chance of winning the case so he withdrew services. Since then, I have written Appeal on grounds of:
Part 2 does not provide sufficiently detailed and specific information concerning the nature and extent of current special needs.
As a consequence of the deficiencies in Part 2, Part 3 is inadequate and does not set out specific, detailed and quantified provision.
The provision named cannot meet her needs because of the complexity, high levels of anxiety and she would not have an appropriate peer group or curriculum in an 'Emotional and Learning Difficulties' school.
Having contacted Legal Aid again, they assigned the same person. On the telephone, he said my appeal was "rather picky"! I think he has lost sight of the legality of a Statement! He also states when we have selected another school, he will "instruct an independent educational psychologist to provide a view on whether the statement should be amended in the way I wish and determine that the appeal has a reasonable prospect of success". The educational psychologist will be asked to provide an opinion on the suitability of proposed and the school which I identify as your preference placement. Date of Appeal is 04 February 2014.
My confidence in the solicitor seeing this through to the end is limited. Will be attending a "Working Document" workshop next month with SOS SEN in preparation for what I expect to be inevitable!
As the solicitor plans on only engaging an educational psychologist, I feel this will limit our chance of successful appeal. Currently considering getting other experts involved. Do you know any near South East?
Now have a mad dash to find another school. Choice in Surrey seems limited for girls. Do you have any suggestions?
Million thanks...............Sorry for inundating you with questions - my head is spinning!
