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RobynH

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Posts posted by RobynH

  4. Posted · Report reply

    Hi Robyn

     

    I was on another sossen workshop that you went to! Similarly, my son is same age and was out of school since Feb 2012 however we are further on in appeal process and have had agreement on school we want and my son started this term - still potentially have tribunal next week but on a minor issue.

     

    Unfortunately I know nothing about legal aid - have you been in touch with these people: http://www.childrenslegalcentre.com/index.php?page=education_legal_practice

     

    Given this solicitor says you're being picky, it really sounds like he is going to be little use! As you're entitled to legal aid would be good to get a decent person with right experience involved. How much does the legal aid cover? Does it help with all preparation for tribunal and provide someone in tribunal for you, or is it just for a limited number of hours?

     

    You say you're a control freak and that you are the one who can look after your daughter's interests, so you could just take control and deal with it all yourself. We have done all the work ourselves up to this point, with advice from sossen, but now have a solicitor involved to instruct barrister for tribunal - so it is possible for you to do it all and you could represent yourself in tribunal supported by expert witnesses if needs be.

     

    You have until final evidence date to name school - we were really struggling with finding a school too - although obviously better to sort out sooner rather than later if you can in case LA agree to it as you need your daughter in school ASAP.

     

    Your next step now is to get independent reports done ASAP so that reports are ready to submit as final evidence. Have you had any done yet? How much can you afford to spend? We went for everything in end EP, SALT, OT and psychiatrist. I think in your case it would be worth going for all of those too - but likely to cost at least £3500 for all of those.

     

    The next deadline you probably have is naming who will attend tribunal, so you will have to give some thought to which witnesses to take and whether to have a legal representative.

     

    Once you have school name and independent reports, you should then write an updated statement of case following on from your appeal doc and highlighting everything you want based on info in the reports, and then send all off for final evidence deadline.

     

    After that you'll be onto working doc - which is quite hard work! And then trying to get LA to agree to as much as poss in working doc ahead of tribunal.

     

    SOSSEN Working Doc Workshop is brilliant, so you will be well prepared.

     

    Having just been through all of this, I'd be happy to help you out.

     

    Will have a think of some school names, but I know you will probably have tried them all or they will be too far - I was worried about distance too, but so far my son has been managing (and I've been driving!)

     

    Have the LA provided any home tuition? I've also been through that.

     

    I can give you names of the independent professionals we used, and I probably know names of some others (you may have heard of them through sossen already though) In fact just cancelled SALT, EP and psychiatrist for next Thurs (tribunal) so they may have availability!!

     

    Sharon

  5. Posted · Report reply

    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!

     

  6. Posted · Report reply

    First ever post! Wonder if anyone knows how Legal Aid works going to SENDIS Appeal?

     

    Without boring you with details, I have appealed part 2, part 3 and part 4 of our daughters amended statement and its been registered!

     

    Since then, have discussed the situation with Legal Aid who have assigned a solicitor. However my "inner alarm bells are ringing". I am not convinced this person is remotely interested in our daughters education. Repeatedly goes on about how busy he is etc....

     

    I am very grateful to be receiving Legal Aid however concerned this solicitor wants to 'cut and shut'! Do I have to keep this solicitor?

     

    Many thanks

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