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Carrera74

Post 16 SEN statement / Tribunal help

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My son attends a 6th form which is connected to the independent special school he has attended since late 2010. The LA had wanted to name a local mainstream 6th form from September 2013 but I appealed this and the LA have finally backed down a few weeks before the Tribunal date and have agreed that mainstream is not suitable and have named my choice of 6th form. They have advised that the tribunal would just hear my case about wanting the special school 6th form to be named for this financial year and I will need to withdraw but I am worried that if I withdraw we will be having to go through all this again before September? Can I go to tribunal to request a placement after the Summer holidays or do I need to do that after his next annual review? I’m so confused by it all. The plan is for my son to stay on at this 6th form and for them to link with their local colleges but be based at the 6th form with the hope for him to eventually build up his confidence and to be able to access an apprenticeship.

 

I know that the new system is coming in later in 2014 and the LA said that this would benefit children like my son but they have put up a fight at every opportunity so the fact they are being nice now is unnerving me.

 

Any advice is most welcome :/

Edited by Carrera74

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The LA have advised that the statement will reflect his current placement and my request for him to stay for a further year (I wanted the full two years). They said they only agree out of county placement on a yearly basis Post 16. Therefore there is no case to resolve currently at tribunal. I'm going to try and contact IPSEA for some advice as I don't want to pull out of the Tribunal if they can name the 6th form for 2 years? :/

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I would advise that you do speak with Ipsea. However if the 6th form is usually for two years, then it would be highly unusual for a child to have one year at an independent special school, and then for the LA to attempt to move him for the second year into a mainstream environment. I think the SEND Panel would absolutely agree with his current placement. So you may be able to drop the tribunal if you have it in writing that he will continue where he is for this year.

 

Any Statement is only for a year anyway, that is the whole point of the AR. However for a child to be moved out of a special school into a mainstream environment is practically unheard of. The LA would have to prove that his current school could not meet his needs. And if that school couldn't, then how could a mainstream one?

 

You lodged an appeal and they caved in this time. I am even more sure they would cave in for next year. Your child is making progress, needs consistency and the school agree that he needs to be with them.

 

But do get that confirmed by IPSEA.

 

We had something slightly similar with our son in that he moved to the independent school for the beginning of year 6 primary. And we had asked for an Order from the Judge that our Tribunal would only look at the primary school age placement.

 

I did this because I knew we would win as he was failing at their only ASD enhanced resource mainstream primary.

 

But I was nervous that the LA might try to move him for year 7.

 

The independent professionals and my support worker from Network81 all said that there was no way that a SEND Panel would recommend a child moved to an independent school, and then move him again a year later back into a mainstream system that we had already proved he could not cope in.

 

And that is what happened. We had the AR Transition, and everyone agreed he had made progress. The Decision from the LA agreed with the recommendations that remained where he was.

 

Just because a child starts to do well within a special or independent school does not mean that therefore they can go back mainstream. All it means is that the child is in the right educational setting and therefore should remain there.

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I think you can only appeal on what it says in the statement now. So if Part 4 names the school/college you want there is nothing to appeal. The LA always have the right to amend a statement and I don't think there is any ruling a tribunal can make that would prevent them from doing so next year.

 

As Sally says it is highly unlikely that the LA will change his placement once he has started a 2 year course - were they to do so you would have the right of appeal.

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Hi everyone. Well the Local Authority backed down 4 weeks before the Tribunal date. Looks like the EP report they insisted on worked in our favour. I received his final statement with all my requested amendments on 17 January and on 17 February, just one month later, they hand delivered a letter to me to say they are ceasing his statement this year! I've contacted IPSEA who were absolutely fantastic! They seemed as baffled as me. How can they give notice to cease a statement so quickly after saying he still needs it! Anyway, guess who's going to appeal, again. This will be my fourth time! My LA drive me absolutely bonkers but I won't give up!! I may be here quite often over the next few months so please remind me to keep fighting should I get fed up :S

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Glad they backed down so you didn't have to go to Tribunal.

But so frustrating that they've also let you know you'll be going through the process again in the near future!

Sometimes I think we need funding so we can employ a secretary to manage all the paperwork we have to get through.

I'm having a nightmare with mine at the moment. We've had an annual review, which I am asking for amendments. But I am having to write to each professional to ask them to quantify and specify - as they haven't.

Plus we are also in negotiations with Social Services for full time residential due to safeguarding issues, and that is sending me over the edge, because we keep having meetings where everyone agrees he needs the support etc, but no-one is agreeing to fund it. So I am also seeking full time residential via the Statement as only via that route is it legally binding. At the moment I am having approx 2 meetings a week about my son with some professional or group of professionals - plus my son is frequently refusing school so I have to be at home with him, and can't get in to work. And Social Services are being quite intimidating at the moment - if I get the time I might post about it.

But just keep your chin up. You've won this time. Post if you need more info or advice.

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