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sawjd

Urgent help, appealing decision if no help found son goes under the knife

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Hello everyone, we need a barrister/solicitor but cannot afford appeal support, if we don't do this our son goes for surgery instead of behaviour therapy at special school, does anyone know of anywhere that we can get funding as we do not qualify for legal aid. Other half works and earns just above line.

 

We lost our Tribunal as they (LEA) will not fund our k into a special school. They believe Haringey has good child care services and outreach services to support our k. Haringey do not have good services, and are useless in co ordinating and GOSH will have to pass care support on to them.

 

Basically it comes down to this. Our son is on the brink of havng surgery for ACE PROCEDURE as he has bowel problems and has proved he is struggling with this alongside anxieties/school refusal for dressing up days, events, school trips in mainstream school. In a special school he would cope better and have a better chance of managing his bowels with therapy. we have had taster sessions at this special school and also he wants to go this special school we found local to us. Yes we had to argue about the expenditure and if mainstream could meet his needs, the Tribunal sided with LEA down to one HORRIBLE WOMAN WHO will be called MRS C. I was not allowed to speak long enough barely a sentence here or there and all the time she put questions the to LEA but they came up with no solution on how to get our k back to school at all, no recommendations were suggested or put in place.

 

If this surgery goes ahead and now it looks likely as we cannot find funding, it will mean that the mainstream school will not be able to help our k as his statement will have to change to include his catheter and level of care needed with this. They refuse to physically touch our k should they need to basically they won't, they will call me and i will have to come and get him, i could be the other side of the borough shopping and i don't drive. We have TWO WEEKS TO APPEAL, surgeon is wanting to do a letter stating that he should be in a special school otherwise he will have to perform surgery. Can't submit this as its new evidence, although i am querying this as its not new but ongoing, Tribunal knew of appointment letter as it was in bundle of tribunal pack. Any help, anyone, anything please. There is no waiting list and the surgeon reckons two to three weeks this procedure could be done with months of wash outs laxatives etc. Our k was anxious about his bowel habit before this, now this will make it worse.

 

with thanks,

 

Sarni.

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Have you tried these two:

 

www.ipsea.org.uk

www.sossen.org.uk

 

They both have helplines, and will do free legal work if you meet their criteria.

 

I don't know the details but I think you will struggle to appeal the Tribunal Decision - and if you do you will certainly need legal advice. Appeal against the tribunal can only be on a point of law. I am sure one of the two above will give you the basic advice and recommend what your next step should be.

 

What I don't understand is why you MUST now have the surgery

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Get advice from IPSEA, but I think you can only appeal on points of law, or if the Tribunal did something wrong. If you did not have this information at the time of the Tribunal it is 'new' evidence. However his bowel problems have been going on for years. So was there information about it in the Bundle. Was it discussed on the day?

 

This is part of his SEN. So what are the council saying they will do when he is in school about this. They cannot keep calling you. Can you call an emergency review? And if you can, can you do it now, or do you have to wait a number of months.

 

What amendments to the Statement did you get at the Tribunal?

 

If it were me, I would speak with IPSEA to see what my immediate and future options were.

 

I would ask, in writing, from the LA how they will support him after this operation and ask them to quantify and specify staffing arrangements to meet his immediate needs after surgery and his on-going needs regarding his bowels. Get their response.

 

Get the letter from the Hospital about your son's bowel needs and what support he must have in school regarding the surgery, but also on a daily basis. Get it in a letter from the hospital.

 

I would then probably defer the surgery if possible - is that a possibility?

 

I would seek an emergency review of the Statement as soon as you can do so and I would submit the letter from the LA and the hospital as additional evidence.

 

Is he refusing to go into school? If he is that is additional evidence he is not coping.

 

I would use this surgery as a way to gather evidence that he has such severe needs regarding toileting that mainstream is not an option [as well as other issues too].

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