SENDIST hearing has been brought forward to this Friday!!!

[Carrera74]

Our hearing originally scheduled for October has been brought forward.... to this Friday!!

 

I am taking 5 mins out as I am running around stressing as the additional written evidence must be with the Tribunal by 5pm today!!!! I have contacted them to ask for a small extension as I didn't expect to get a free slot until September. Even the SENDIST lady I spoke to was shocked at the short notice. She thinks someones case has obviously been sorted out without the hearing so I have their slot.

 

The County Moderation Panel sit today and I have been told that I won't hear the outcome until tomorrow at the earliest. I have asked to find out today or first thing due to the hearing now being held on Friday.

 

I have also asked AGAIN for the statement working document. Apparantly the LEA haven't yet seen it although it's been emailed to them 3 times!!

 

Luckily I waited for the postman this morning!!

[Grace]

Our hearing originally scheduled for October has been brought forward.... to this Friday!!

 

I am taking 5 mins out as I am running around stressing as the additional written evidence must be with the Tribunal by 5pm today!!!! I have contacted them to ask for a small extension as I didn't expect to get a free slot until September. Even the SENDIST lady I spoke to was shocked at the short notice. She thinks someones case has obviously been sorted out without the hearing so I have their slot.

 

The County Moderation Panel sit today and I have been told that I won't hear the outcome until tomorrow at the earliest. I have asked to find out today or first thing due to the hearing now being held on Friday.

 

I have also asked AGAIN for the statement working document. Apparantly the LEA haven't yet seen it although it's been emailed to them 3 times!!

 

Luckily I waited for the postman this morning!!

 

Oh my goodness! I don't think I'd be able to think straight with such pressure!

 

Just looked back over your old posts - have you got confirmation in writing that the independent schools that you want say they have a place and can meet his needs? Get them to send by e-mail attachment, if not - the Tribunal Panel will need this to make their decision. If they say they would need to assess him first, at least get something that says a child with his needs e.g. IQ, behaviour, sensory difficulties etc could be met there. You could also ask to pop in with your DS this week, so they could at least meet him - as an independent, they would need to agree his placement there for the Tribunal to agree to send him there.

 

Also, do you have in writing if the schools you don't want can/can't provide a place, say they can/can't meet his needs? If you think they would state they could not meet his needs, get them to e-mail that over. If not, you could send a list of questions regarding your DS's specific needs e.g. do they have a sensory room, are their staff trained in autism specific teaching methods, have they had any restraint training etc. Basically everything that your DS would need that probably only an autism specific school could provide.

 

You never know, as the LEA might have been caught off-guard too, they might agree before you get there.

 

The very best of luck/x

 

 

[Carrera74]

I am still waiting to be able to think straight...

 

I'm sat on my bed surrounded by all sorts of papers and questions that I need to ask the ASD school. I have got an extension to the deadline for further information - tomorrow at 5pm - so I have a little time to play with.

 

Just got a message from the LEA. They have definately been caught off guard too. They are investigating how it can be moved to Friday and are going to see what it's all about as the LEA rep isn't available Friday and he won't have chance to check the statement by then either.... They gave their availability for July and I said I would work round them as I needed to sort this asap.

 

I have no idea now whether they can get the date changed?!

[Grace]

I am still waiting to be able to think straight...

 

I'm sat on my bed surrounded by all sorts of papers and questions that I need to ask the ASD school. I have got an extension to the deadline for further information - tomorrow at 5pm - so I have a little time to play with.

 

Just got a message from the LEA. They have definately been caught off guard too. They are investigating how it can be moved to Friday and are going to see what it's all about as the LEA rep isn't available Friday and he won't have chance to check the statement by then either.... They gave their availability for July and I said I would work round them as I needed to sort this asap.

 

I have no idea now whether they can get the date changed?!

 

Hi Carrera,

 

My understanding is that for an earlier date to take place, both parties have to be available - unless it has changed recently. The only other way is if the Judge imposes a date, in which case both parties HAVE to be present unless they have a VERY good reason why not - not likely in this case; it's usually when a hearing has been adjourned.

 

Therefore, if the LEA rep is saying she can not make it, then I think it likely it won't go ahead this Friday. The concern being whether SEND have any more free dates at this stage that the LEA can make. When I was after a cancellation, I was surprised how many dates were available, but we still could not find one that we both could make - depends on witness availability too.

 

Hope you manage to find one or even better the LEA agree to give you what you want!x

[Carrera74]

Thanks for that Grace. The LEA sent their availability for the hearing and I said I would be available for any the dates they could attend. I didn't expect it to be this short notice but didn't realise either one of us could say we weren't' free as hubby is trying to get the time off as he works shifts this is difficult at such short notice. I so hope the county moderation agree to our request this afternoon but I know they won't. I'm sure they'll have another hurdle for us to jump over first!!

 

LEA said he cant' attend as he has a disagreement resolution meeting the same day - it didn't stop them rearranging my DRM a few weeks ago! They said that the SENDIST are supposed to contact them for their availability... which they did but LEA are saying there's a gremlin in the system. They also said the statement isn't in a working document and that won't be done on time either. I'm fuming. It seems that there is only me that does anything grrr!

 

I've contacted SENDIST again. They haven't had a request from the LEA tribunal office and they said that when they do they will ask my thoughts then pass it to the panel judge and make a decision then.

 

 

Edited July 13, 2010 by Carrera74

[Kathryn]

Sounds chaotic and stressful. Whilst it's good to get an earlier hearing and hopefully a resolution by the end of this academic year, on the other hand you don't want to go to the hearing completely unprepared.

 

If you are still thinking about what info you need about the schools have a look at this guide which SEND themselves produce: it's a useful reminder of the questions that need to be answered.

 

http://www.sendist.gov.uk/Documents/FormsG...rents/SEN14.pdf

 

K x

[Carrera74]

Thanks for this. I have (I think) pretty much all these questions answered. I've just received the costs for the school and I can't believe how much they are. I think I work in the wrong area...!

 

Today has been awful. I haven't known if I am coming or going and to top it all off have had a run in with DS who took himself out of the house and turned up at his Dad's; who he hasn't seen since Easter. It was DS's birthday a couple of days ago and his Dad hasn't even rung or text or anything. I feel like I've had a kick in the teeth. I do everything I can for him and his Dad just puts up with him as and when he can bothered.

 

I'm needing a very large glass of wine

[Kathryn]

<'> <'>

 

Hang in there.

 

K x

[Carrera74]

<'> <'>

 

Hang in there.

 

K x

 

Thanks I needed that!

 

The hearing has been postponed to the 26 July.

 

I have finally found out the outcome of the county moderation panel meeting (after many many calls, emails etc etc). They have decided a placement at the MLD school (that said he is too bright) with a mainstream link.

 

It feels as though they are trying anything rather than give him a place at the school that is perfect.

 

[Athena]

At least that gives you more time to get yourself together! I do understand your frustration with the LEA!

[Kathryn]

Well at least you have a bit more of a breathing space!

 

K x

[Carrera74]

And now that they are coming up with something that has been mentioned before it will hopefully give me time to get some more evidence together....

 

I'm not sure when their deadline is to tell me what their plans are and for them to send their additional information. I sure hope they aren't allowed to just turn up on the day and spring it on me. They certainly didn't want to tell me what the County Moderation Panel had decided. It was like getting blood out of a stone.

 

Parent Partnership are being amazing. He really is taking a lot of pressure off me with ringing school and the SEN team. He's been a star!

 

Is dual placement a common thing? I'm not sure how a school that says he is too bright and a mainstream school would work - the whole point of him having special school named on his statement was because it was agreed he wouldn't cope in a mainstream environment.

 

I just wish our LEA had a school for higher functioning ASD! Grrrr

[Carrera74]

Just another question.....

 

The LEA have agreed with the majority of my requests for part 2 and 3 of the statement as they are factual and I have the evidence to back it up. They are refusing to quantify though as they say that it is more relaxed in a special school setting. Would this be the same if my son is dual placed? Surely he would need any support quantifying in a main stream setting?

 

I'm going to see the mainstream school today. I really have mixed feelings whether this would work.

[Carrera74]

I have found out today that the LEA have sent DS's papers to the independent school we have asked to be named to ask if they named their school could it meet DS's needs and if it could are there any places.

 

The school have written to say they are unable to give a firm guarantee that they can meet his needs as he has not been assessed by themselves and they want a more comprehensive EP report as there are discrepancies between the annual review and the EP report - I have queried in the past too. They have said there is a place available in the school and DS doesn't appear significantly different to their other children but they want these further assessments before they will say for certain they can meet his needs. I have been unable to take my DS to the school for assessing as they will only accept a LEA referral. I don't know what will happen on Monday now I know the panel won't be able to name the school we want if they are not saying for certain there is a place for him.

Edited July 21, 2010 by Carrera74

[Grace]

I have found out today that the LEA have sent DS's papers to the independent school we have asked to be named to ask if they named their school could it meet DS's needs and if it could are there any places.

 

The school have written to say they are unable to give a firm guarantee that they can meet his needs as he has not been assessed by themselves and they want a more comprehensive EP report as there are discrepancies between the annual review and the EP report - I have queried in the past too. They have said there is a place available in the school and DS doesn't appear significantly different to their other children but they want these further assessments before they will say for certain they can meet his needs. I have been unable to take my DS to the school for assessing as they will only accept a LEA referral. I don't know what will happen on Monday now I know the panel won't be able to name the school we want if they are not saying for certain there is a place for him.

 

Hi Carrera,

 

When did you ask the LEA to consider this school? It will not look good if they have delayed contacting them.

 

If there is absolutely no chance of getting your DS in for an assessment before September i.e. the school is now closed and/or even if it is open you could not get an assessment done before SEND basically close for the summer, then you might want to consider postponing your tribunal hearing - I think SEND theoretically can do tribunals over the summer, but in practise so many people go away, that it is impossible.

 

You could decide go along anyway and the Tribunal Panel decide to adjourn for the assessment - I don't know if you risk them going with the LEA option, because that is the only one open to them?

 

Do you have any legal advice? I would say an Independent EP report would be really welcomed by the Tribnal Panel (and the Independent School) but obviously that would take time. I just don't see how the Tribunal Panel could go with the independent school if they can't confirm a place.

 

A sh***y position to be in frankly - by the sound of it the Independent would be able to offer a place, but the timing is so against you/x

[Carrera74]

Hi Grace

 

We have been asking the SEN team at LEA for this school to be named since we had the urgent review in April. My son's case went to county moderation panel in June and they said they wouldn't consider any independent schools until three of their schools had been considered. At July's panel they decided to name a MLD school with mainstream input - neither appropriate in my opinion. I just don't know what to do for the best.

 

The independent school won't assess him without the referral and the LEA won't' refer him unless made to by who knows who.

 

I think a glass of the large red stuff is called for. Bl**dy LEA sending me to drink

[Grace]

Hi Grace

 

We have been asking the SEN team at LEA for this school to be named since we had the urgent review in April. My son's case went to county moderation panel in June and they said they wouldn't consider any independent schools until three of their schools had been considered. At July's panel they decided to name a MLD school with mainstream input - neither appropriate in my opinion. I just don't know what to do for the best.

 

The independent school won't assess him without the referral and the LEA won't' refer him unless made to by who knows who.

 

I think a glass of the large red stuff is called for. Bl**dy LEA sending me to drink

When is the hearing? Is the school a 52 week school?

 

If there is any possibility that an assessment can be fitted in, you can apply to the Tribunal to issue directions to the LEA to refer him - this is similar to that happened with a school of my choice. The tribunal will want to have that information, so if there is ANY chance of fitting it in, ring SEND and ask how you apply to the Judge to issue directions to the LEA. I am sure the fact that they could have done it sooner will help support your request/x

[Carrera74]

When is the hearing? Is the school a 52 week school?

 

If there is any possibility that an assessment can be fitted in, you can apply to the Tribunal to issue directions to the LEA to refer him - this is similar to that happened with a school of my choice. The tribunal will want to have that information, so if there is ANY chance of fitting it in, ring SEND and ask how you apply to the Judge to issue directions to the LEA. I am sure the fact that they could have done it sooner will help support your request/x

 

I didn't know they could do this! I will ring them first thing. Thank you!!

[Kathryn]

You could have applied earlier for a direction under rule 15:4 b:

 

(4) In a special educational needs case the Tribunal may require—

 

(a) the parents of the child, or any other person with care of the child or parental responsibility for the child (as defined in section 3 of the Children Act 1989), to make the child available for examination or assessment by a suitably qualified professional person; or

( the person responsible for a school or educational setting to allow a suitably qualified professional person to have access to the school or educational setting for the purpose of assessing the child or the provision made, or to be made, for the child.

(5) The Tribunal may consider a failure by a party to comply with a requirement made under paragraph (4), in the absence of any good reason for such failure, as a failure to co-operate with the Tribunal, which could lead to a result which is adverse to that party’s case.

 

Obviously there's no time for this now before the hearing because you have to submit a written request which goes before a tribunal judge to consider, and even if it was granted,the schools have of course broken up now. As Grace has said in an earlier post, you may be able to get an adjournment if the tribunal consider an assessment to be in your son's best interests. Ring SEND anyway and see what they have to say.

 

K x

[Sally44]

Regarding the need to quantify and specify if a child is going to attend a special school.

 

http://www.ipsea.org.uk/Apps/Content/html/?fid=47

 

That link gives various case law about this subject. It does say that there may not be as great a need to quantify and specify if a child is going to attend a special school. However in your case your child is also going to attend mainstream. Which I think would be a good argument for saying that the Statement should quantify and specify everything to ensure the dual placement (if that is what you end up with) is providing the same level of provision required to meet his needs in the different settings.

[Carrera74]

Thanks again everyone.

 

I have contacted SENDIST. They said I should have received a form for the HT at the independent school which says that if the panel request a place there is one available. I never received this and their records prove this. The lady I spoke to has spoken to the Tribunal Chairman who says that the hearing will be heard in two parts if need be. Monday's hearing can go ahead and the LEA's choice of school will be discussed. If the panel agree that this is the right type of school then the appeal will be over, if not they will instruct the LEA to send DS for assessment and will adjourn the hearing to a future date.

 

I feel sick with anxiety! Roll on Monday.

 

Sally that's really useful. I'll need that on Monday!

[Grace]

Thanks again everyone.

 

I have contacted SENDIST. They said I should have received a form for the HT at the independent school which says that if the panel request a place there is one available. I never received this and their records prove this. The lady I spoke to has spoken to the Tribunal Chairman who says that the hearing will be heard in two parts if need be. Monday's hearing can go ahead and the LEA's choice of school will be discussed. If the panel agree that this is the right type of school then the appeal will be over, if not they will instruct the LEA to send DS for assessment and will adjourn the hearing to a future date.

 

I feel sick with anxiety! Roll on Monday.

 

Sally that's really useful. I'll need that on Monday!

Hi Carrera,

 

So don't forget - you will 'have the floor'; it is up to you to show that the LEA choice can not meet his needs and that only the Independent can.

 

When going through your evidence, emphasise how that demonstrates school A is not able to meet his needs but school B can.

 

The very best of luck and please let us know how you get on!x

[justine1]

Hi

Sorry I really dont have any advice,but just to wish you all the very best for Monday I really admire you,I wish I had the time and strength to have gone that far <'> I really hope you get everything you want and need for your child

[Sally44]

As other school placements have not worked. I would also use them as examples of how that type of provision or level of provison or approach has not worked previously and how this time your son needs to get the right placement and provision.

Good luck.