Advice on Tribunals?

[JakB]

I wondered if anybody could help me with the whole appeal process. Currently, I have a 'final ammended statement' sent out in May. This states ABA under 'provision'. They are currently ammending this to put in its place, I presume, the school but without unit provision. I intend to take them to tribunal over this.

1. Can I only take them to tribunal over a 'final' statement? So therefore they can faff around for months over it (there was a five month gap between provisional and final statements last time)
   
2. Can I take them to tribunal on the existing statement? But then this seems illogical as it states ABA and I'm not arguing against that but the school!
   Hope this makes sense!
   JakB

[Jayzmummy]

Have IPSEA given you a support worker to assist you through the appeals process. We had a guy called david phillips to help us an he was wonderful.
Just so sorry you have to go to appeal. My guess is that they will back down before you actually get to the appeal date.

[Jayzmummy]

Forgopt to add I am pretty sure your statement has to be finalised before you can lodge your appeal.
Just so for you

[JakB]

Thanks, Jayzmummy, I appreciate your help. I haven't had a specific person assigned to me by IPSEA yet- just spoke to a fantastic woman on the helpline.

[monica2]

Hi JakB have you asked the LEA about their Disagreement resolution service, I would try this first as it is designed to be a way of resolving problems quickly and informally and does not affect your right of appeal to the SEN tribunal.

You can appeal against LEA decisions at tribunal if you disagree with part 2, part 3 or part 4 of your child's statement, when that statement is first made or if it is changed later. (so it would depend where on dd's statement the aba is documented).

There is a special booklet available from the LEA
that gives all the info on the Tribunal,if they are not eager to hand one over you can get one from the SEN Tribunal at 50 Victoria St., London, SW1H 0NW.

Also may be worth contacting AMAZE as our local parent partnership they are supposed to be expert at this sort of thing but in my experience they are pretty naff!

hope you are ok

[JakB]

Yeah, it's part 4, under provision, but I'm not disagreeing with ABA so don't think I can appeal on the existing statement. Have contacted AMaze and they were actually very supportive and gave some great advice. IPSEA have been great too. I think the stage you are talking about may now be called Global Mediation, which precedes tribunal. Everybody I have spoken to thinks we will bash it out at this and it will not go further. Going into the school tomorrow so will let you all know.

[Davros]

Good luck JakB. I'm pleased to say I don't have pesonal experience of tribunal, although I know lots of people who do. Good luck though. Presumably you want the Statement to say the school you wanted and not ABA? I'm used to it being the other way round

[maddiemo]

AFAIK you can appeal against placement only. Hopefully it will get sorted at mediation.

At my sons school he is supposed to be in a class of nine but we are currently in a class of eleven. Two parents insisted it was the only placement that could meet their childs needs and in the end the LEA caved in and provided extra staff to meet the additional childrens needs.

I would perhaps go ahead and request a tribunal date as it is usually three months away. This will give your LEA more incentive to act quickly, only cancel the tribunal date when you have everything officially in a final statement.

Good luck

[JakB]

Cheers honey. I agree, I want to get going, but my current FINAL statement states ABA and I'm not sure what I'm disagreeing with, if you get my drift.
AAAAHHHHHHHHHHHHHHHH!
Rumours afoot that they are now trying to put a unit together at the other SLD school which has more space (new extension) as all four parents have gone mad and threatened tribunal.

[pixel]

Do you mean Hillside? I notice that's got a new bit built on.

[JakB]

Yeah (but trying to stay, erm, a little incognito by not mentioning the school name!).

[pixel]

Ooops Sorry! Um whoever you are.

[RnB]

Message withdrawn

[JakB]

Found out I do indeed need to wait for the new finalised statement as can't go to tribunal on a finalised statement that is under review!IPSEA are fab.

[MotherEve]

The Lea have 8 weeks from the issue of a draft statement to the issue of a final statement if there are no amendments to the draft one. Then you can appeal. We are waiting for the finalised statement so we can appeal about SALT provision, identified by NHS and Independent SALT as an educational need but placed in parts 5 & 6 by the LEA as a non educational need.