Talk

Advanced search

Here are some suggested organisations that offer expert advice on SN.

SENDIST TRIBUNAL?

(8 Posts)
sahs1969 Wed 20-Oct-10 19:06:35

Hi,
Has anyone actually attended one when fighting against the LEA to assess?
We have a hearing in Dec and I am just wandering what sort of things to expect?
DD is in Yr 5 and we are applying for more emotional/behavioural problems and also ADD and a SPLD.
Thanks
x

StarkAndWitchesWillFindYou Wed 20-Oct-10 19:14:29

You'll not be going for that. You'll only get there if you are appealing for left-handedness or because his big toe is a bit shorter than it should be.

Aero Wed 20-Oct-10 22:52:49

I'm glad to hear that because I'm expecting a resounding 'no' to my request to assess too. Dd has exactly same issues you mention - ADD, BESD and SpLD. I was wondering the same thing. We've been refused before in Y5, but didn't appeal - we will this time, for sure as dd is now in Y6 and yime is of the essence.

sahs1969 Thu 21-Oct-10 04:37:22

What do you mean we won't be going for that?
We are going-we have a date-our LEA don't believe dd needs a statement-which is the reason we have appealed and taken it as far as we have-now we are only 2 months away and I was just interested to know what goes on at the actual case?
Thanks
x

Claw3 Thu 21-Oct-10 08:04:48

I think what Stark means is that LEA are notorious for backing down and agreeing to assess the week before the tribunal date.

I lodged my appeal and the LA backed down, so i never got to tribunal. Just lodging another appeal now, as after assessing they have now refused to issue a statement.

Is all part of the LA's time wasting to save money game. In the 6 months you have waited for your tribunal date, they have saved 6 months worth of provision and money.

Just gather as much evidence as you can to back up your grounds for appeal, so you gather as much evidence as you can of lack of progress and as many reports as you can stating that he needs what you are asking for.

StarkAndWitchesWillFindYou Thu 21-Oct-10 12:28:40

sahs It's as Claw says. You do need to gear up to going, - absolutely.

Only the certainty that the parent will go through with it will change the LA's minds. But with difficulties like you describe they'll get rapped on the knuckles at the tribunal and told to assess. It is bad for the LA's statistics to lose a tribunal so they'll settle beforehand.

Tribunals almost always rule in favour of the parents for refusal to assess, because it doesn't really cost anything to order.

hth

Donnamarieo Wed 01-Dec-10 23:29:46

Hi,
My son N has a statement for what it is worth, we are in the process of the Tribunal and are going alone. We have had contact with Ipsea who have just taken our papers we are grateful of their help.

Our LEA did not supply their papers to us on time and failed to supply a witness list!
Contacted the tribunal line and all they could do was note it on the file!

I have been advised by my LEA via telephone and their papers that the tribunal service has declined another child a place at the school of choice as they are at their limit.

Does anyone know if this can be allowed as evidence at N tribunal as it seems unfair and at present as only hearsay.

I am a PC who has knowledge of the criminal system but education law is a whole new ball game any help would be welcome.

New to site.

happyfrog Thu 02-Dec-10 00:21:21

Hi Donnamarieo

Be prepared for the Tribunal.

Do not believe it is all friendly and you will be on an even footing the LA representatives, they know all the ropes, they have done this many times before, you will be your child's advocate.

Have you contacted the school yourself which you want your child to attend? Have you been told by the school they can not take your child? also have you looked at alternatives, so you can state why your child needs to go to the school of your choice? You will need to make a case.

You say your son has a statement for what it is worth, if you are also appealing on parts 2 (needs) and 3 (provision) as well as part 4 (placement) of the statement you need to have as much ammunition to fight your LA with as possible.

If you are fighting parts 2 and 3 you need a good understanding of the assessments used by the educational psychologist who carried out the assessment on your child. Google the tests, it takes time, but it is worth it for a clearer understanding of the tests.
Fighting for your childs needs is not an equal battle with the LA

Look up the psychometric conversion charts for yourself, again you will find them by googling, I found it helped to understand the scores and how the LA educational psychologist downplayed my childs needs.

Do you have a copy of Special Educational Needs Code of Practice? You need one, it is free of charge and can be ordered from DfES Publications. Tel 084560 222 60

Also look up on the internet
KENT EDUCATIONAL PSYCHOLOGY SERVICE TRIBUNALS. sendist - knowledge, issues and preparing for tribunal. This is their authority's procedure for their staff, to prepare for Tribunal, it useful to know how the other side prepare.

Good luck, and keep researching.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now