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Mediation before tribunal for refusal to assess?

(10 Posts)
NoHaudinMaWheest Tue 12-Jan-16 09:59:11

LA have refused to assess dd for EHCP (again).
They say she has identified complex needs and that as she is due to transfer to post-16 placement careful planning is needed. However they then go on to say that she is currently well supported and current school can plan transition hmm.
We need to have everything in place for September so time is of the essence. I suspect that even if we won assessment tribunal we would be back with elements of the contents.
Would it be worth trying to get agreement to assess through mediation and save fire for contents tribunal?
Has anyone had a successful mediation?

Runningtokeepstill Tue 12-Jan-16 13:32:38

I can't answer your question but I can say that I believe more things went wrong in transition for my ds because he did not have an EHCP and consequently didn't seem to trigger any of the "normal" procedures for dc with additional needs at college.

In theory everything should have been fine without an EHCP as his particular health issues were well documented and supported by medical evidence. We certainly made it all clear before and during the application process and after the course started but this didn't prevent the problems that occurred.

I hope you get something sorted out.

NoHaudinMaWheest Tue 12-Jan-16 13:48:16

Thanks running. That's what I am worried about. If she was staying at current school, wouldn't appeal as actually the support is good. But a new setting is an unknown. Her needs are quite complex and post-16 are automatically expected to be more independent.
Sorry that your ds had a difficult time. Are things sorted now?

Runningtokeepstill Tue 12-Jan-16 14:05:10

Hi, NoHaudin, I don't want to hijack your thread. I think things are working out and ds is due to start on one AS level (with a lot of catching up to do) next week, with a view to adding more courses next year.

There's been agreement about support for catching up but not yet about what will happen if he finds himself unable to get into college due to his medical condition. There's a complaint appeal going through about what happened last time and I suppose we'll have to see what comes of that first.

College seem keen to sort things out now though so I'm hoping that's enough.

Ineedmorepatience Tue 12-Jan-16 16:14:40

I have heard of people being successful through mediation! Not many in my LA but on facebook groups and someone on here I think!

My concern is that the will agree to assess but then refuse to issue a plan which puts you back into appeal and then if you win that they issue a crap plan and you are back again!! shocksad

I really hope it doesnt come to that! That is worse case scenario!

Good luck flowers

NoHaudinMaWheest Tue 12-Jan-16 18:57:38

Ineed thanks. I was thinking that if we went to mediation and they agreed to assess (because actually noone disputes that the needs are there). It would speed up this stage. I fully expect them to drag out every stage so I am sure we will have to go to tribunal at every point. sad

Ineedmorepatience Tue 12-Jan-16 19:48:35

I really hope it doesnt come to that! They are a nightmare and keep on getting away with it! sad

Ineedmorepatience Tue 12-Jan-16 19:50:13

Either way, you must appeal every stage because they are trying it on and if you have the evidence you will win!

86% of tribunals were won by parents last yr!

NoHaudinMaWheest Tue 12-Jan-16 19:53:35

We went to tribunal last year and were in the 14% that lost. However we have better evidence this year and I hope to be better prepared. (I had surgery shortly before last tribunal and on reflection could have made a stronger case had I been up to it.)

Ineedmorepatience Tue 12-Jan-16 21:39:54

Oh thats a shame! Its so hard to put a case together and being unwell would make it so much harder!

I am glad you feel more confident and hope it doesnt get that far this time!

They are b.....ds for making it so difficult and especially at a time of transition! My LA did this to us when Dd3 was transferring to secondary school!

Good luck flowers

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