Tribunal question

[nicadh]

Briefly - tribunal coming up in Jan 2013, appealing parts 2 and 3, not part 4.

 

If we were to get all the support we are asking for it would be quite a bit including SALT and OT support. Currently she is in mainstream school. Do the LA ever suggest an alternative placement when this hasn't been discussed formally at tribunal? Is it something they are allowed to do even?

[Sally44]

The LA can come up with a different school at any stage, even on the day of the Tribunal. So it is worthwhile knowing what other schools are out there and what they might be able to provide. And whether they are suitable for your child.

 

What you may find is that IF the Tribunal agrees to the SALT and OT input into the mainstream school, that that provision will be reduced at the next Annual Review by the SALT or OT saying that she has met her targets and has improved etc. So make sure that you request that they carry out standardised assessments, because only those types of assessments can measure any TRUE improvement, observations and not good enough.

 

As she is mainstream it is unlikely that they would suggest another type of school as that would cost them more. Even LA special schools do not have SALT or OT on site and their budget for them is not much more than a mainstream school.

 

Remember that any school placement must be suitable for your child. It must have a suitable peer group academically, socially and emotionally. So they cannot place her in a special school if she is cogntively able. However they do have to identify each and every need for inclusion in part 2 of the Statement and they must quantify and specify how they will meet each of those needs.

 

If you go to Tribunal I would suggest that your appeal asks the Tribunal Panel to word the Statement. It is much more likely that the Panel will word it in a legally binding way, and it looks bad if the LA then do not fulfill the Statement when it is written by SEND.

 

The Statement should detail the termly hours of 1:1 therapy that the SALT and OT will deliver in school. If the LA don't include that, then the SALT and OT could give telephone advice to a TA, which is not the same thing is it. So make sure the Statement says who should do what. If the LA won't quantify and specify, then go to Tribunal. If the reports show your child needs direct therapy from a suitably qualified professional, then that is what should be included in the Statement.

 

Who are your tribunal attendees? And who are the LA bringing?

[nicadh]

We have private OT, Ed Psych and SALT coming, and the LA have the NHS OT, NHS SALT, SENCO and specialist teaching service coming. The ST service report is a load of rubbish and easily dismissed, the SENCO is pretty useless but will lie quite happily, NHS SALT hasn't done any standardised tests and only saw DD in class for a while (for the first time ever) and this is the basis of her report (Private SALT has been in class and done standardised testing) and NHS OT an unknown quantity re report but spent a lot less time with DD than private one did and she also informed me she has never been to a tribunal so my hope is our arguements will be a lot stronger in all areas. Our Ed Psych rocks and the LA are not even sending theirs (as I backed her into a corner over quantifying/specifying and probably got her in a lot of trouble with her managers!!).

 

Thanks for the input over the school choices. I am going to speak to the legal advocate about things and have contacted a couple of schools now to try and view. One has space, one does not.

 

Can the LA agree a school that does not have space but we are willing to wait for (keeping DD at the same mainstream school meantime) if the estimated wait is say 2-3 terms??

[Sally44]

The Tribunal will go with the parental choice of school unless the LA can prove it is not a suitable peer group, or is not a good use of their resources. So they could potentially come up with some other school or package.

 

Our LA decided to give my son's former primary school funding for a private OT 3 days a week [about a month before the Tribunal date. So the funding was agreed, but no OT going into the school yet] - obviously in the hope that the Panel would agree that that funding would meet our son's needs.

 

BUT our independent OT said he needed a Sensory Integration Therapist to be delivered 1:1 by the OT, and also 1:1 therapy for his Dyspraxia, as well as OT support in PE lessons and during life skills etc.

 

For an OT to be able to deliver a Sensory Integration Therapy they MUST have completed a certain number of SI modules. We asked the LA to confirm that the OT they were buying in was qualified and could deliver 1:1 sensory integration therapy. They never replied, but at the Tribunal we again asked the question and the Inclusion Officer said she did not know. So the Panel had to say that on that aspect the LA school could not meet his needs because she was not qualified, and 3 days a week for the whole school did not cover his needs. Also she was employed elsewhere and came into the school and therefore she could not meet his needs flexibly across the week.

 

We looked at a few other schools incase they tried to make a case for them on the day. What you are looking for is what exactly your independent reports have stated your child needs that an LA mainstream or special school cannot provide. EG.

 

Mainstream could not offer small classes of no more than 8 peers. It did not have a suitable peer group ie. working at a similar cognitive, social and emotional level. It did not joint plan with any Health professionals [my son has an Anxiety Disorder and OCD - our choice of school has onsite OT, SALT and Child Psychologist]. They could not provide a Sensory Integration Programme or any 1:1 OT therapy because the NHS does not fund it [i think that is UK wide].

 

The autism unit did not have a suitable peer group ie. most children non-verbal and challenging behaviours and learning disabilities. Other mainstream primary schools were even worse as they had no ASD expertise at all.

 

Are you saying that your parental choice of school does not have a space for your child? Have they put in writing that there will e a place for her from xx.

 

Is your child out of school due to anxiety?

 

It is not about the LA agreeing, it is about SEND Ordering the LA to do what they state in their Decision.

 

SEND will not name a school that a child is currently refusing to attend.

 

If your evidence confirms that mainstream is not suitable then the Panel should go with your parental choice of school. However I am not sure what would happen if your child is currently attending mainstream, and your parental choice of school has no place for about 6 months? What does your advocate say - is there any case law precedent? SEND will want the child to be receiving an education. Is there anything your choice of school can offer in the interim, such as a graduated introduction to her new school eg. she went in for the 1:1 SALT and OT therapy initially and gradually added on classes over the next 2-3 terms [to hopefully cover that obvious gap in education].

Edited December 5, 2012 by Sally44

[nicadh]

We are yet to view the school that I think we might want - this has been a real last minute thought. She only moved to this (Junior..from Infant) School in September. The school have always struck me as failing to understand her but the real crunch for me has come with the comments from the independent specialists who have viewed her in school and their feedback as to the total lack of understanding they have of her needs. They are kind of putting the current statement in place now after a big moan at them in October. In terms of moving her the reason I am reluctant for LA SS is that she probably has too much language for a language unit, but an ASD place would not really be appropriate as she doesn't like difficult behaviour from other children at all. She has mild sensory needs and this is a small part of the OT issues we are pushing for - currently they are written into part 2 but not part 3, so hopefully should get some input for that, which may sway our case better.

 

The school (that I may want) when I spoke to them suggested they may have a place in September but currently not looking too likely any time sooner. DD is not school refusing but she is getting increasingly less happy at school. In the scheme of many children she is mild on the whole school anxiety thing at the moment - but then she loved her Infant school, these issues have only happened since she moved. It will probably just get worse. The school has small classes (of 8 so perfect in my opinion as major issue is focus for her and distractions around her) and have their own OT and SALT as well.

 

Still trying to get hold of the legal advocate for more discussion knowing the ins and outs of the case, but failed to get through today. I will keep trying.

 

Thankyou for the input once again.