ABA appeal after Final Statement / Process & evidence ??(8 Posts)
My son has a rare genetic disorder, ASD, multiple allergies & reflux and significant speech delay. Hence - bundle of medical documents so nursery supported and statement has been proposed with 15 hrs support. Final statement is due anytime now - I am aware I have only 2 months from the Final statement to appeal the decision.
I have been doing ABA at home for about 15 hrs every week with the help of my India based BCBA consultant, where we started it - educational psychologist (skype & emails regularly), have got an experienced tutor working for 3 afternoons and rest of the days - I teach my boy. ABA is the only thing that has helped - and those kind occasional sessions of speech, OT and bla-bla were a sham. I do want to fight for ABA included on my statement but don't know how. ... To appeal to the tribunal and how to prepare my evidence for the same.
I have been recording data past 7 months - first 3 months unstructured, then from July onwards - proper ABA record file for the tutor and me to record together.
I have been advised to hire advocate to fight my case and get UK ABA Consultant and Educational psychologist to certify my son's progress if I want to win...If it was so easy to afford all these costs - I would not have been teaching myself and would have had more tutors by now.
A friend on the forum did verify that my Indian BCBA consultant's credentials cannot be ignored as it is an international qualification.
Please advice -
. 1. Experience of fighting tribunal for ABA against - LA harrow ?? The bunch intimidates on phone.... Openly says we don't support ABA and plan chain attacks ... Via SALT, calls at nursery..etc.
2. Son attends Montessori nursery - going round in bushes... Won't let my tutor support my son - not even for an hr.... And easy answer - take your son out if u want. Obviously - it's the child who is in trouble not they.
3. Better to fight now or after the Final Statement is issued ??
4. Has anyone fought their own case for the tribunal ?? What is the best source to refer?
5. How do I start organising my evidence for the appeal ? Does the whole ABA record file go to the appeal application or just the progress reports and videos.
Please help and advise .... The battle has not even started and I am loosing my nerves. Thanks !!
I would really advise that you contact Fiona Slomovic. She is an advocate (not a lawyer) so she charges a lot less. But she has loads of legal experience with tribunals and ABA.
I wish I could offer more advise but we are in the same boat as well. We have been sent the final statement with none of the amendments requested!
Fiona is excellent. There is also Nigel at www.educationadvocacy.co.uk
I heard Nigel talk about certain aspects of the tribunal process whilst at an Ipsea training day this month. He seems very good.
As a parent you don't need an advocate, solicitor or barrister. Speak to lots of parents and get lots of advice before you make any choices.
Oh, if you are seeking aba you will need a good ep,... David urani was very good during our appeal.
EVIDENCE is the key. Without excellent experts you will struggle. I know this from experience as I was torn from limb to limb at a hearing this week. If you can afford experts then go for it... If you can't try legal aid... If you don't qualify for legal Aid and can't pay for experts reports you will struggle. As an ipsea representative I will always give 200% but without evidence you will struggle. The system isn't fair. I fear with cuts in legal aid the system will become even less fairer...
If your son needs aba and you have a good ep and bcba with good evidence then I'd appeal. You have nothing to lose... Yes I appreciate the process is expensive,... But if you get the right provision sooner rather than later then it will all be worth while.
SOS SEN run workshops for parents doing their own appeals. Check their website.
Gosh I didn't know you could get legal aid for tribunals, I thought maybe you could for an upper tribunal appeal but didn't know you could for a first tier tribunal.
Dewan have you been to a SOS SEN workshop....... If so was it useful?
I think there is also an organization advocates for children or something similar?
Definitely recommend Fiona Slomovic she is excellent
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