Tribunal date agreed - why do i feel blue/low

[workingmum]

After lots of emails and telephone - we finally got our tribunal date - July - I am a total wreck , not sure if to be happy or sad - gloomy days ahead.

thinking about the what ifs,

- is our choice of placement right for DC,

- is this the end of the struggle?

- Will i have to go through this again at each annual review?

- Have i done right by my DC.

- What if the tribunal rules in favour of the LEA - we are seeking independent placement - no response from the LEA re how their placement will provide the required resources for DC - maybe they will say on the day.

- DC is going to Yr 7 in Sept - if ruling not in our favour - where do we stand - school wise for DC

- I cant even concentrate at work, I cant help been pessimistic - having read lots of thread here. Though read lots of positives as well

 

Anyone wil similar or who can give some reassurance needed.

[Sally44]

Okay, this is what we've done.

 

Regarding costings. You can get a Request for Changes form and download it from the SEND website, and you can put in a parental request for the LA to provide detailed costings for the placement and therapies at the school the LA recommends. You can quote actual Case Law and include that in the request. [someone from Network81.org helped me put that together].

 

You can phone independent professionals (SALT, OT etc) and ask them what they would charge as an hourly figure to provide the recommended provision in his reports. Also ask them what time they would spend on admin and travel. Eg a SALT may spent 12 hours per term on 1:1 direct therapy but then have to spend an additional 12 hours per term on admin, and may travel 45 mins each week to deliver the therapy programme. It all adds up.

 

Whatever diagnoses your son has ie. ASD/ADHD/Dyslexia/Dyspraxia etc. Ask the LA and NHS professionals if they have an additional qualification for that, and ask the NHS if they commission funding for patients with xxxxx to deliver a programme in school.

 

For example I have been told that at my sons school there are no teachers with an additional qualification for ASD or Dyslexia. Even the LA specialist teaching department does not have any teachers with an additional qualification. The NHS OT service does not commission (ie. fund) therapy for Sensory integration disorder or for dyspraxia. So basically the LA and NHS cannot meet his needs. If those needs and provision is in the Statement the LA would have to buy it in. And the LA and NHS services are not 'free', they do get paid. So get all those details and send them as late evidence. You can even take evidence on the day and the Judge will decide whether to admit it or not.

 

My LA has not provided costings either.

 

You are probably feeling like a headless chicken because the date is near and is finally a reality.

 

Go through all your Bundle of documents and type up a contents list so that you can easily identify and turn to the relevent pages of reports/letters etc to prove any point you need to make. Take a notebook and pen to jot down anything the LA side are saying so that you can respond to it if you need to.

 

Also take a large framed photo of your child to help you and everyone else focus on the reason for the Tribunal.

 

Do you have a Working Document of the things you are not agreeing with the LA about the Statement?

 

Hopefully you will get the decision you want. If you don't you will have a good idea as to why you did not get it. Remember that any provision, support and therapy has to come from reports, so go through those with a fine tooth comb and detail every single need your child has and how it has been recommended that that need will be met. If you feel it is totally inadequate, or you have evidence that it just doesn't happen - then refer to that. Eg. usually referals to professionals via school are on a needs led basis. If you have documented evidence that your son had a need and was not referred by school, then that is evidence that unless the provision is quantified and specified in the Statement that it simply will not be recognised by school and your child will not receive any input.

Edited June 22, 2011 by Sally44

[Sally44]

Transport can also be an issue. Find out from the school if they already have a pupil travelling to their school from your area that has a space available for your child.

 

I presume your choice of school has seen your child and has written some supporting report or letter and offered a placement in writing, which you have already submitted?

[Sally44]

If you don't get the placement the panel will name the LAs choice. Do you have any reason to think that he will not be able to attend, or will not cope? That should already be in the bundle of documents.

 

If you don't have enough evidence of that at this stage, then you will need to send him to this school in September. If he is not coping now or then you can ask your GP to refer you to Clinical Psychology and CAHMS as that will be additional evidence you will have for any future appeal. You may need to wait until things do deteriorate more significantly before appealing again.

 

Even if you do not get the placement, you should get a well worded specific Statement. Monitor it and make sure all the provision happens. If it doesn't you complain and use Judicial Review if you have to. If he fails to cope and make progress with that level of support you can appeal again at the Annual Review. Or if things deteriorate you can ask for an interim review or an emergency review. But it might be best to wait at least 6 months to see how he does settle in. Also think about any independent reports you might need and independent witnesses - you can use LA and NHS professionals as your witness too - but remember not to use anyone who could be hostile (ie. support the LA and not your position), and remember that they are not really independent as their employer has to fund any support they recommend.

 

Keep meticulous records, and get everything in writing. And if you have to, go back to SEND. If that happens you will have evidence that the level of support in the current Statement has not worked.

[workingmum]

Thanks sally44, yes have done most of what you suggested already - we have a solictor working for us, the SENDIST has issued the LEA an order due to lack of co-operation.

[workingmum]

strange though as it seems, the LEA has not provided any information about their prefered school - absolutely nothing, neither has their school sent anything in as well. I did however received an email for a transition meeting at their school - despite all say that school is not suitable hence tribunal

 

I wonder all the deadlines have now past with no evidence for the LEA school been provided - wonder what they are playing at - all the information at this stage has been from us. their only response has been the initial refusal from our prefered school and thats all.

 

I am trying to keep myself sane here, can the LEA bring in late evidence from their school - to prove they can meet needs when they have agreed orally at a meeting that DC needs smaller classes, wil srtuggle in mainstream, is this their usual tactics, not to respond to request from SENDIST or the parents. SENDIST had to issue an order - can they ignore.

 

What are the implications? Date next week. Do i have to attend transition meeting at the lEA school - request from sec school not LEA just before SENDIST- wonder if LEA asked them to do it.

Edited July 1, 2011 by workingmum

[Sally44]

They should respond to SENDIST orders and directions. If they haven't there is a chance the Panel will dismiss their case. But don't hope or depend on that.

 

Yes, they can produce late evidence - and so can you. You can phone their preferred school and ask the SENCO questions about the placement - if you don't already have that information already submitted (eg. class sizes, staff to pupil ratio, teacher qualifications, academic level within the class, percentage of other pupils in class with similar diagnosis, school budget per pupil, how children access EP/SALT/OT input and what the schools budget is for that pa etc). That can even be produced on the day (I have some evidence I am taking with me that I will ask to be included if needed). The Panel then have to decide IF to allow it. If it is evidence relating to an order that the LA ignored, or failed to meet the deadline, the Panel may refuse to allow it. And I think (but not 100% sure), you maybe able to ask for it not to be admitted.

 

So have the LA not come up with any paperwork at all? Have they not produced their case statement, or a working document? Who are they bringing as attendees? That should include someone from the LA's choice of school.

 

What is the difference in cost between your placement and the LA's?

 

I know it is really hard trying to keep calm when you don't know what their moves or motives will be. Have you talked this all through with your solicitor. You need to know exactly what roles you will be taking at the Tribunal. Has the solicitor given you any advice what what to say/and what not to say. Have you typed up something that you can say about your child on the day if asked - ie. a summary of how he is, and how you ended up at tribunal?

 

It is a pity that everything at the meeting you mention was 'verbal' and that no minutes were taken. Have you submitted evidence yourself ie. typed up your own minutes? You can submit to SEND actual questions that you want answering at the Tribunal - your solicitor should know about that and whether it is worth doing. You can also make notes to remind yourself to ask questions of the LAs witnesses ie. "at the meeting on xxxxx you (and everyone else at that meeting) stated that my son would need to be in small class sizes - how will that need be met in xxx school?

 

Just keep bringing the focus back to the fact that the LAs school cannot meet his needs and cannot enable him to reach his potential and that only your placement can do that. Remember that the Panel only have to provide a "suitable" educational environment, not the best. So keep highlighting your placement as being the suitable one that meets his needs - don't make it sound like he will have access to anything over and above what he needs. Just that your preference is THE ONLY PLACEMENT that meets his needs.

[workingmum]

thanks Sally44 - working through th eworking document as we speak - wow, loads - any ideas any one - i am looking at specifying provision rather than a generic statement like access to .....

[Sally44]

The Working Document is put together from the evidence you have. That will be professional reports, but can also include other information you may have via things like the home/school book, any clubs he attends (or the fact that he is unable to attend any clubs). You can put in your own views ie. how he responds functionally at home and in the community ie. does he have friends, is he independent etc. It is taken from all the documents you have in the Bundle.

 

So go through the documents with a fine tooth comb. If there is any reference to things like being distractible, poor short term memory, inconsistencies in learning, lack of generalisation, poor social communication skills - this may just be comments in reports - but they should all get included in part 2 and while you are including the quotes, make sure you annotate where they came from so that you can refer to it easily later on eg. xxxx is easily distracted [page xxxxx, EP]. The page number is taken from the paginated bundle.

 

Then part 3 sets out all the provision to meet those needs. You can write to any professional for clarification if you feel they have not detailed how the need will be met. Whether or not they would respond is another matter. But each need must have quantified and specified provision worded in such a way that it actually happens and can be monitored.

 

I also wanted to warn you to get in touch with Sendist and ask IF a Judge has been allocated your Appeal. [i seem to remember that your appeal is also in July?]. The reason I say this is because mine was supposed to be today, and we got an email mid-day yesterday saying they had no judge. They had been saying they had no venue, but actually there was no Judge. Unbelieveable. This is the second postponement we've had. Turns out alot of appeals have been cancelled recently due to a lack of a judge. Sendist have overbooked the appeals [which they always do], and then they wait for cancellations to slot in those not already allocated a judge. Apparently there have not been as many cancellations as they expected. So I would phone them and speak to the Listings Department. Find out which Judge is allocated to your Appeal and if it isn't sorted, ask them if your Appeal is actually scheduled, or whether they are waiting for a cancellation.

Edited July 6, 2011 by Sally44

[workingmum]

hi sally44 - Just rang them - no allocated venue but judge allocated? to call back next week

[workingmum]

oh dear , oh dear - tribunal now postpoened - no judge/ no dates until possible august/sept - oh dear - no school place for sept y7 for DC - what a way to spend the summer holidays - cant do any sec school preps either - uniform etc

Edited July 14, 2011 by workingmum

[JsMum]

oh dear , oh dear - tribunal now postpoened - no judge/ no dates until possible august/sept - oh dear - no school place for sept y7 for DC - what a way to spend the summer holidays - cant do any sec school preps either - uniform etc

what does his statement say in part 4 right now?

 

Thats the school that would be expected for your son to attend until tribunal date.

 

JsMumx

[workingmum]

Hello Jsmum. present statement is part of the tribunal and more diagnosis etc have been made recent - cant cope in large school - however school on his statement said they cant take DC