SENDIST hearing tomorrow

[Carrera74]

And I think I'm about to have a nervous breakdown.

 

I've been sat trying to write down everything I want to say but I just seem to be going round in circles.

 

I have gone through DS's statement to highlight what his needs are and why neither the MLD school or the mainstream link can meet them and there's hardly anything concrete in the statement.

 

I don't have anything in writing from the MLD school to back up the HT's comments that DS is too bright for her school. The only thing I do have is comments in the advices as why mainstream primary didn't work and that's about it.

 

I finally received the working document on Friday and went through it and the LEA have hardly changed anything I requested so I sent a list back to them telling them I want and raised my concerns that there is no time set aside tomorrow to discuss the contents. They said they may discuss it on Monday grrrr! They have added bits to the statement which back up their choice of school with the mainstream link. We have never had any mainstream comments before. It's like they have changed his needs!

 

IPSEA rang me on Friday to help me with my case... it was originally scheduled for October. I feel that I would have had more of a success with them behind me. I feel that I have been hasty in requesting for the hearing to be brought forward.

 

I'm such a blooming mess. Sat here in tears. God knows what I'm going to be like tomorrow. I really feel like giving up as I don't see how we can win with such a rubbish case. I think the LEA are going to win no matter what and I don't know what I am thinking trying to fight them. They've run rings round me for years, they're not going to give up now are they.

[Kazzen161]

Try to put the emotion to one side, otherwise it will cloud your judgement.

 

Are you appealing parts 1 and 2? If so, go through the statement and say what you want added and what you want taken out - each point needs to be backed by evidence from a report. Once these parts are right, use each need/provision to show x school cannot meet it, but y school can.

 

Remember, the LA only have to fund a school that can meet his needs - if another school can offer more than he needs (as per his Statement), then the LA do not have to fund it.

 

Results at KS2/3/4 can be used to show that he is too bright for a school (past results available on the internet and maybe on the school web-site vs his current levels). Look at the Ofsted description of the school - it will often say "school for children with x, y z."

 

Good luck.

[Yossarian]

Try and hone it down to five or six main points - why the local authority provision is not appropriate, and why what you are asking for is. The tribunal aren't going to expect you to have a completely agreed working document - that's why you are there. The bits you don't agree are for the tribunal to decide upon. You need to give them your story, why you think your child needs the provision you are asking for. Make it personal and try to keep it on your child, and try not to get into generalities, eg the local authority may well talk about how wonderful their services are across the board. You need to talk about the services/provision your child has received.

 

The tribunal will be well used to local authority tricks such as changing the statement at the last minute. The process is supposed to be informal and friendly towards parents. Good luck as well

[Kathryn]

All the best for tomorrow. <'>

 

Stay strong. SENDIST panels are well used to LEA tricks so don't lose heart.

 

 

K x

 

 

[Sally44]

The panel will be professional and friendly. Tell them how nervous you are and that you may need things explaining in more depth or for them to tell you the kind of information they need.

If there is anything you are unsure of, ask the panel to explain.

When we went to tribunal the Panel said I had no evidence that my son needed 30 mins SALT each week. I thought they were turning me down. But when it was queried, they actually meant that if the Statement said "30 mins a week", then the SALT had to turn up each week whether or not my son was even in school. What the Panel wanted was for it to be reworded. So it was, and we even got more SALT input in re-wording it eg. "xxx will receive xx hours per term of direct 1:1 therapy with a suitably qualified SALT which equates to a 30 min therapy session each week or as agreed between the parents, therapist and school. In addition the SALT will spend xx hours per term on admin and liaison." Then it listed all his areas of difficuilty eg. comprehension, inference etc and then listed how the admin and liaison time would be used eg. observations, assessments, meeting with parents, attending IEPs etc.

Good luck for tomorrow.

[Carrera74]

Hi everyone

 

Thanks for your support. I really thought I had reached my limit yesterday

 

The tribunal has been adjourned to September. The judge was sooooo not impressed with the LA. He wasn't happy that they hadn't allowed a referral to be sent to the independent school and also that they had turned up without any information or witnesses from their named school. The LEA were just interested in saying how much it will cost but the judge soon put them right and said no matter how much it costs; if the LEA don't have the right provision costs don't come into it. That shut them up!

 

The judge said that if I had turned up today with a witness he would have been happy to name our choice without taking it further.... unfortunately our school won't put anything in writing or let us visit without a referral from the LEA....

 

The judge read the directions out to us for the next hearing... they LEA have to produce alsorts of things which I am happy about as I have been so frustrated at their lack of doing anything. I feel that I have been doing all the running around. They need to provide evidence that their school has a place; meets DS's needs; how many children attend our requested school from the LEA; how the dual placement will work; etc etc.

 

Again thank you for everyone for supporting me and giving advice. You really have helped me no end!

 

xx

 

 

[Sally44]

Will your son now be referred to your preferred school for an assessment? And will you have someone (a witness) who can go with you to the next hearing to answer questions about the school and about the provision your son needs?

[Carrera74]

I need to ask a representative from the school to attend and summons them if need be. I also need it in writing that there is a place available. They seemed quite happy that a place is available there; I just need proof as to which part - the main school or the ASD unit. I am going to ring SENDIST tomorrow though and ask them to order the LEA to refer DS so I can take him on a visit to back up our case further. The panel made it quite clear to the LEA that if they block anything they are in deep trouble!

[Sally44]

Does the LEA have to pay for this referal and assessment? (just interested to know).

 

Also dig out all written evidence that mainstream has not worked, including any exclusions, letters from school, involvement of outside agencies etc.

 

You need anything in writing that would confirm that a dual placement would not work. So any evidence of difficulties with change of environment, routine, teachers, expectations etc. And ask (at tribunal) how the LEA would ensure that a dual placement was 'identical' in its approaches, supports, provision etc. I think even referring back to the criteria for a diagnosis (ie. needing routines, ridgid behaviour etc) would suggest that for many with a diagnosis a dual placement would not work. Any evidence of how stress/anxiety affects him and how his 'behaviour' could well escalate in an inappropriate placement etc.

 

When your son goes for the independent assessment (will they produce written evidence? will he see their SALT, OT etc), ask the school who can come to tribunal with you. You may get all the assessment team, and you really need as many as possible so that the SALT can answer questions about his speech/language and social communication, and the OT about any sensory issues and even a teacher about how your son learns and what kind and level of support he needs.

 

What you don't want is to go back to tribunal and have the panel ask a question of you that you cannot answer. It is hard to cover all the bases, but just try as much as possible.

 

You can also question any witnesses the LEA produces. EG. if they produce their SALT and you know from past experience that your son has done x, y and z you can ask their SALT to confirm that (if it helps your case).

 

At our tribunal the LEA did not bring the Autism Outreach Teacher because she was supporting me.

[Kathryn]

So basically this tribunal was little more than a face to face case management hearing - what a waste of time for all, and why on earth did they even cotnemplate bringing the appeal forward with this much info missing??. This was incompetent of the tribunal - the new rules were brought in to provide active case management, clarify the issues, enable gaps in evidence to be spotted early and prevent just this situation from happening.

 

Anyway, at least you got a second go and can take a bit more time to gather your evidence. You should be able to ask the tribunal in writing (via the "request for changes" form which you'll find on the SEND website), to direct the LEA to order an assessment at the school.

 

Well done for surviving it! <'>

 

K x

Edited July 27, 2010 by Kathryn

[Grace]

I need to ask a representative from the school to attend and summons them if need be. I also need it in writing that there is a place available. They seemed quite happy that a place is available there; I just need proof as to which part - the main school or the ASD unit. I am going to ring SENDIST tomorrow though and ask them to order the LEA to refer DS so I can take him on a visit to back up our case further. The panel made it quite clear to the LEA that if they block anything they are in deep trouble!

Hi Carrera,

 

Well done! You survived your first tribunal hearing - and I mean that sincerely! Scary stuff going to a tribunal.

 

I think it really helps to get the first under your belt, so next time you don't have to worry what the tribunal itself will be like and what the panel will be like; you should have the same panel for the next hearing and that sounds like a very positive thing!

 

Nothing to add that hasn't already been said - the LEA have been given clear guidelines as to what they need to prove, so you need to be able to counter anything they say re their choice of school.

 

When you get the written directions from the Judge via SEND, read them carefully and mark any deadlines on your calendar. If you have to send in any further evidence, make sure you mark clearly on the paperwork the deadline that you were given - sometimes the Judges give you more time than the norm and staff might not check and say it's too late.

 

Really pleased for you/x