Any experience with EHCP/ABA appeal court process?

(7 Posts)
Soumia Sun 18-Aug-19 12:59:29

Any mum has experience with EHCP/ABA appeal court process?

it is very tough having 2 autistic kids and I am new in this EHCP..court..appeals process

I need you your help and advice please:

1.
LA has been delaying the issue of final EHCP since a year and this was expected as I requested ABA and they wanted to oppose ABA...

2.
But the main problem is they even did not include SALT...didnt include OT...and not even EP...so my lawyer is looking for funding to cover the cost of these professionals and their assessment within my sons Ehcp.

3.
What is striking me is:
My lawyer said if I dont send my child to the special school in September (LA ignored my parental wish and are pushing for a special school)...then:

the LA will take a judicial action against me for not sending my son to have education...

Any onr can advise kn this please?

Sone one advised me to register my son on homeschooling before september to avoid the judicial.actikn while i carry on my appeal.process..

4.
To be honest i feel that my lawyer is not on my side...but on the LA side...especially as she recently said i must send him to special school for 3 months to do the independent professional assessments ( EP + SALT + OT + ABA therspists).

Do you think so? She is through legal.aid...

5.
I asked online and some said no...not true the professionals assessments can be done at home.
By the way...my son has been home ABA schooled since 10 months..

6.
My lawyer is lodging the reasons of appeal this week. She gave me 3 options to choosd from:

1.
ABA home program EOTAS.

2.
50% of the time in mainstream with ABA + 50% at home with ABA

3.
Mainstream schoolibg with ABA

The last option is impossible as most mainstream schools rejected my son...However, I am keeping my option open:

7.
I will have to research by myself with the help of my ABA therapist from.september for a registed LA school s41 who would accept ABA...but it is so hard...

So i am thinking of trying to find a mainstream accepting 50% time with ABA while the rest will be at home (with ABA too)... and if no school accept my son...

8.
Do you think I will be in a strong position to choose full time Home ABA program EOTAS..? If all MS schools reject my son?

Please advise me by any ideas and warn me if any tricks or mistakes I should avoid...

Many thanks for your time...

OP’s posts: |
Tonnerre Mon 19-Aug-19 14:44:27

Your lawyer is right that, if there is a special school named in the EHC Plan, you need the LA's permission not to send your child there. You can certainly ask if they will agree to you home educating, but that would mean that the onus for arranging all educational provision would fall on you, and the LA doesn't have to agree. You could also ask that the EHCP provide for EOTAS, but you will have to prove that your child's needs can be met in full that way and that it would be more economical than a school placement. If they refuse, you can only go through the tribunal procedure and hope the tribunal agree with you.

I don't think anyone on here will be able to advise you reliably what your chances are, as this completely depends on what the evidence says. Frankly, it's likely that your solicitor's assessment is correct as s/he knows much more than we do about the full background. If you're not happy with the advice you're receiving, ask to speak to the solicitor's supervisor.

Mummy0ftwo12 Mon 19-Aug-19 14:49:15

try contacting this website www.abaa4all.com/ it was started by a mumsnetter - i have heard of a parent who won ABA on appeal after having to let their child go to school to prove that the school didn't help him make any progress but ABA did.

Does the special school not include ABA / SALT? I know our local one does.

Soumia Mon 19-Aug-19 16:22:54

My son EHCP has no SALT and no EP...nothing at allsad

How do u know if my locale one does have?

Where r u based plz ?
My son is off nursary since nearly a year and he has been ABA homeschooled since then...so i believe all the progress he is making can only be attributed to ABA?

OP’s posts: |
Mummy0ftwo12 Mon 19-Aug-19 18:59:03

I'm in Essex but the website i linked to earlier i think mentions all the special schools that do aba in the UK, and whilst you can prove that his progress is down to ABA, can you prove that he didn't make any progress in nursery? do you have any reports or paperwork for instance.

Soumia Mon 19-Aug-19 23:14:54

Yes...there is input in the EHCP where nursary staff wrote horrible things aboyt my son...i mean erong things as the SENCO is pushibg him for a special.school.fince last year...
She put things like...he bites kids...and members if staff

He bangs his head in the wall...

He is sgressive and not safe to leave ptople/kids around him...etc

3 nembers if staff cannot change his nappy...

Obviously sll.this is wrong!!!

Because of this report all msinstream refused my son... i asked my lawyer she saud ...their rejection is a plus in our case to get an EOTAS home program with ABA

What do u tjink.plz...
Any of u had ecperience with similar matters?

Any advice plz

Thanks

OP’s posts: |
cansu Thu 22-Aug-19 20:37:38

I managed to get funding for my home ABA programme eventually but it was only for a year as she was gradually transitioning to school. Luckily the school accepted one of the ABA tutors to be her 1:1. If you really want ABA it is usually a home programme. Most schools mainstream and special do not teach according to ABA principles although there are some specialist independent ABA schools in some parts of the country. Usually to get ABA funded I thought you needed to show that it has enabled your dc to make progress. You need to have a baseline before so that you can show the impact of it. I assume you have someone overseeing the programme who has kept plenty of data and evidence?

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