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kay74

Tribunal - Help!!!

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kay74   

Hi, I am new to this forum - having been recomended by a friend)

I have twin girls who are almost 5 and have been diagnosed with ASD.

They are completley non verbal and so had no problem getting a statement, but now I have them Im not happy with part 3 s provision of speech and langauge therapy.

They will be going into a ASD unit attatched to a primary school which is fine but will only get an hour with a SLT per term and then a programme delivered by classroom assts. This is what they have had in a specialist nursery school for the last 2 years, and there hasn't been alot of progress with regards to actual speech.

I dont think this is anywhere near enough and so we are going to tribunal.

Problem is I cant find any other similar cases, or anyone with sufficient expereince to help me. Ipsea can only help over the phone due to resources and parent partnership is great but hasn't done a tribunal before!

Please can anyone help me as to what my case statement should look like??? Can anyone send me a copy? Anyone out there with a similar case - and won??? Or any tips?

Have got a private SLT report but cant afford anything more - this is driving me insane!!!

 

Thanks

Kay

 

Mum to twins Yasmin and Caitlin (almost 5) Non verbal ASD and possibly dyspraxia and Camryn (1)

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JsMum   

Hi, I have just gone throw the tribunal process and the LEA have agreed to specialist placement, with a whole compartment for Speech and Language that wasnt prevously there, even though my son has significant Language difficulties, he is verbal but he has communication impairments.

 

I had legal representation and I got help from the legal services below, they are free and confidential and helped me prepare a case statement.

 

Basically its a past, presant issues, a breakdown of there baby/toddlerhood, nursery,school placements and there difficulties and any diagnosis.

 

We had private assesments done too, I was entitled to legal aid due to my financial circumstances, but would have to go to tribunal on my own.

 

Until I contacted CONTACT A FAMILY, they have out reach workers that maybe able to give more practicle help.

 

National Autistic Society have a educational help line too and I was given a telephone support.

 

I would look into the SEN TOOL KIT here in the top section of Education Posts.

 

The ones that I accessed was

 

 

http://www.clsdirect.org.uk/ for legal representation though this is dependant on your personal Financial circumstances.

 

CONTACT A FAMILY

 

National Autistic Society Educational Helpline.

 

IPSEA too.

 

 

I wish you the best of luck.

 

JsMum

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JsMum   

Like to add also just looking throw my statement, it also includes what you would like to be in part 2,3,4 if that is what your appealing on, so do include these, when the private SLT did she report any suggestions to what the girls should be recieving?

 

JsMum

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kay74   
Like to add also just looking throw my statement, it also includes what you would like to be in part 2,3,4 if that is what your appealing on, so do include these, when the private SLT did she report any suggestions to what the girls should be recieving?

 

JsMum

 

Thanks for that info - will look into it all, dont think i qualify for legal aid though.

My SLT suggested 1 hour a week on a specified intensive programme with the SLT, followed up by work every day with the classroom asst, but their school SLT disagrees, and even goes so far as to say they are not ready to talk!!!

Kay

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julie1   

i have just been to tribunal, it was not as bad as i thought it would be. Everyone on the panel was friendly, and explainned everything to me as i went along. We also were not happy with splt provision made in my daughters statement. All her scores are on the 1st centile yet our splt thought that an LSA would be able to support her language needs. This was not the case and we were able to prove it as there was no progress over 1 year. You also are able to prove this with the lack of progress your daughters have made. We did pay for a private assesement with a splt and that stated quite clearly that our daughter needed thearpy each week from a qualified splt. the pannel agreed with the facts provided. I am still not sure what will be written in the statement as i have to wait 2 weeks for the results so i will let you no when i find out. So good luck and appeal dont do what i did and hope things will improve, as thats a waste of time, at leaste it was for our daughter.

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lynne   

The first part of the tribunal is very easy, you just fill in the tribunal form and say why you are going to tribunel. The tribunal will first look at this written request to see if it is worth taking the tribunal onto the next stage. They will than write to you later on asking for your evidence and they will also do this with the LEA.

 

You will have plenty of time to get everything ready. You need to photocopy everything twice and send it to the tribunel eg statements, assessments, diagnoses, reviews etc.

 

Part of your evidence will be that your daughters have not progressed in the last 2 years.

 

We went to tribunal all by ourselves and it was the only time other people listened to our concerns looked at the case with open vision and made a sensible decision.

 

Alot of the cases never get to tribunel because it costs the LEA alot of money to go to tribunel. For us parents it costs postage, photocoping, telephone calls and transports. The extras costs would be a solicitor if you employed one and any private assessments you have done, or to pay a specialist to give evidence at the tribunal. But if all the evidence is in letter form than you would not have to pay for a specialist to go to tribunal.

 

It is very stressful and draining to go to tribunal but once you have done it, at least you feel you have done all you can regardless of the outcome of the results.

 

Good luck and go for it

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Kathryn   

Welcome to the forum Kay. :)

 

I'm assuming you've registered your appeal and are now in the period leading up to the case statement deadline.

 

Your case statement does not have to be too long - (if you can keep it to less than 3 sides of A4 you're doing well!): there's no one right way to do it, and you aren't even obliged to send one in, but a good one can draw together the main arguments and the supporting evidence. Look back at your reasons for appeal on the application form and use that as a guide. Don't repeat stuff you've already said elsewhere or woffle about past history. The main purpose of the case statement is to point the panel to the main points of your case and where possible, anything in your evidence which supports them.

 

Focus on the statement and the changes you'd like to see. Try and be as specific as possible about the wording you want changed - this will save time on the day. Part 3 should specify and quantify clearly clearly what your children need: i.e. what kind of programme, who is to deliver it, frequency, duration etc. If there are detailed recommendations in your private Salt report, you can highlight these. If not, you may need to go back and ask the Salt if she is willing to specify exactly what is needed. Is she coming as a witness?

 

Quote from evidence to support what you say,wherever possible: the panel are interested in what you want for your children, but they will also want to see objective evidence from the professionals - eg do you have anything from the nursery which shows the lack of S &L progress over time?

 

Provision follows on from needs, so if you aren't appealing part 2 as well, it might be a good idea to think about this, as getting 2 right strengthens your argument for changes to the corresponding provision in part 3. Are the girls' needs accurately described in 2 or could this part be tightened up as well? Again, look at the Salt report for the evidence you need. You would need to write to the tribunal to ask for permission to amend your grounds for appeal to include part 2.

 

Can't give you more specific advice as I don't know what's in your statement or what evidence you have, but hope that helps a bit.

 

Good luck with it.

 

K x

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kay74   

Thanks for your suggestions.

Im getting so down on this whole tribunal thing now. I go to bed thinking about it, dream about it and wake up and its still hanging over me! Its hard enough day to day looking after them never mind having to think about finding the time to write a case statement and getting eveidence together. Im on the verge of giving up but I know thats what the LEA want me to do!

My SALT is prepared to be a witness but that and reports is costing enough - cant afford any legal representation which I know your not supposed to need but feel I do.

I wasn't appealing part 2 but again think I probably should be, there are issues there with occ therapy, but I dont even have a report to back me up as its not even mentioned in statement as they wern't asked for input. My girls cant jump or ride a bike or use a knife and fork yet the paed said there were no mobility issues so no need for occ input. They are seen periodically at school and they work with them.

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