Tribunal

[emmasmum]

We had the tribunal re: refusal to assess on Tuesday.

 

When the panel first introduced themselves I was worried how formal they were and that they were all men, as I thought they might be less sympathetic. However it was pretty clear that they got where we were coming from and they asked some awkward questions of the local authority officer and SENCo which they struggled to answer.

 

I think it could go either way due to the legalities - if the local authority are ordered to assess Emma the 26 weeks will be up around the time she finishes year 11. Her own school requires at least 3 B's to keep her in 6th form which she won't get. At college she won't need a statement. I said the assessment might find she needs a specialist placement but the LA said this would be arranged by whatever LSC is now called rather than by the LA.

 

However, I'm glad we got to have our say and was pleasantly surprised that the points we had made, which the LA led us to believe were ridiculous, were actually voiced and backed up by the panel!

 

If our appeal is not upheld I don't know where we go from here - as in will the school still be willing to work with us and to make the adjustments they have agreed for Emma.

 

If it is upheld I'm also not sure what will happen. I'm sure the LA will drag it out as much as they can. The EP has already said we can have an assessment from her or her help and advice not both - if tribunal order statutory assessment does that still stand?

 

All academic I know - it's just a waiting game now - they said they would write to us within 10 days.

 

Carol

(Mum to Emma, 15, diagnosed last year with Aspergers)

[Kathryn]

I said the assessment might find she needs a specialist placement but the LA said this would be arranged by whatever LSC is now called rather than by the LA.

 

That's putting the cart before the horse somewhat. A specialist placement could be in a school or college - how can the LEA know what she needs until she's been assessed? They are just assuming they will wash their hands of her at the end of this year, are they?

 

Well done for getting through the hearing. Hope you can find a bit of time to relax before the Decision comes.

 

K x

[Known]

My tribunal for assessment is coming up in December. How should one prepare for it. our solicitors have sent 20 documents in total. The LEA have responded to say that they do not have anything for submission. Could you please advise me. Also if you are able to let me know whether there were any awkward questions asked or not. My son has High functioning autism/Aspergers. He is 12 and stopped going to school since March this year. Are there different rules for assessing and statementing timescales for school refusers.

[Known]

Just to add to my previous thread. My son was also late diagnosed at the age of 10. He survived the primary school mostly due to my persistence and meeting with teachers regularly.

[emmasmum]

Hi "known" - sorry only just saw your questions.

 

As my other thread says we won our tribunal. We weren't legally represented, so if you are that should help you - what does your solicitor say about them not lodging any evidence - seems strange to me.

 

I took all my files to the tribunal in case I needed to refer to anything. I also prepared a timeline of my daughter's education I could refer to.

 

The tribunal panel were very thorough - they did ask awkward questions of the local authority but not us. At one point I think they played Devil's advocate by asking what we hoped to achieve by the assessment but by that time they'd already picked holes in the one EP assessment that the LA had for Em (dated 2000) so it was fairly easy to respond.

 

Is your solicitor coming with you on the day?

 

Carol

[Known]

Dear Emmasmum

 

What is joint hypermobility? How do you get this diagnosed. My son is constantly complaining of his muscles aching, tiredness etc. He cannot go out for more than an hour. We had his bloods checked. Everthing was ok apart from Vit D which I have been told is common in our borough.

 

How did you manage to get so many documents even though your child was diagnosed late.

 

It is very good news that you won the tribunal was that for the assessment. Sorry to ask again. I will try to look at your other threads.

 

My solicitors I believe will be coming to the tribunal, but I am hoping that the LEA would look at the documents and agree to assess. My son is not engaging with everyone, therefore I believe the excuse they will come up with is how can they assess if he is not engaging. My son did engage with the private ed psych with incentives but refuses to do the SALT assesssment even with incentives.

[emmasmum]

Hi there,

 

You can find out more about hypermobility on the HMSA website. www.hypermobility.org We were told my daughter had this when she was 6 and she was assessed by an OT and physio for dyspraxia (which they said she didn't have).

 

Although Em wasn't diagnosed with Aspergers until she was 14, she was assessed by the EP at age 6 due to concerns raised at school. They found her to be on 73rd centile cognitively. She was diagnosed with auditory neuropathy at age 10.

 

She has been on school action plus since year 1. Also, before lodging my appeal I requested all her educational documents from school under the data protection act.

 

I didn't have any private reports done, but may do for the stat assessment. We appealed against refusal to assess, so now the LA have to assess but may well decide not to issue a statement in which case we'll be back to tribunal probably.

 

Hope this helps,

 

Carol

[Known]

Thanks Carol for your reply. I took my son to a paediatrician when he was 5 and a half but was not diagnosed then, although I knew from Year 1 that he had difficulties. The school I believe were aware of the problems but they never mentioned anything to me. I had my son diagnosed with high functioning autism when he was in year 6. He was already showing signs of distress at school and currently has stopped going to school. It is surprising to all of us that our LEA have refused to assess my son even though he does not attend school and engages in education. Our tribunal for assessment is soon and am a bit anxious about the questions asked by the tribunal, although I am confident that we have a good case.