SEND tribunal help

[Mochicat]

Someone please tell me what to do before I lose my mind. I have posted about this before but didn’t get much response. My daughter is home educated as couldn’t cope in mainstream, LA said mainstream, annual review still said mainstream, going through tribunal but in the mean time I want to send her back to a mainstream school to get proof she can’t cope, she absolutely won’t and they will see that, her behaviour is extremely challenging she won’t cope one bit, how do I go about this as her ehcp just says mainstream but no setting named?

How can I send her to one whilst waiting tribunal without it messing with it as I have been told I need to appeal section I for a mainstream school to be named but I’m already appealing it for the special school, so what am I missing? 🤔

People have told me not to send her if she can’t cope but it’s the only way to get proof. They need to see for themselves because no one is listening and I’m banging my head against a brick wall, I was even told I was “awful” for sending her but what else am I meant to do and how else am I meant to get proof. How do I send her whilst I wait without it messing with the tribunal? Thanks

What assessments have been carried out? It's really those that are key for tribunal, particularly when trying to secure a special school or EOTIS placement.

Though I understand why you're considering a mainstream to prove it will fail, there's no guarantee it will provide the evidence you hope it will. The school may blame you (BTDT) and you'll also be adding trauma to your child, which can make future placements fail (also BTDT).

Tbh I'd keep it as "just" mainstream named, as if the LA names one then it also puts you in a position where you'll be fighting attendance issues. A lot of LAs have got really tough on that.

Are you saying you can't get a place for her in mainstream school or you don't know how to get a place? How can you be so certain she won't cope, she may surprise you. I don't know how you apply for a place in school can you just approach your local schools and ask if they have a place and how to apply? Is she at her age level education wise or has she dropped behind? A lot of questions really.

If her needs are that extensive that she clearly requires send, then sending her to mainstream is not the right approach. Unfortunately the tribunal process is long, mine took over a year. It's not fair on your little girl to put in a position where she will struggle to prove a point. The medical evidence, nursery reports, ehcp etc should prove it without her being in a settle which cannot meet her needs.

...They're not listening because they don't believe you, they're not listening because they do but the system is overstretched and places limited. they'll try and delay and delay. It's a very difficult, time consuming process.

Best of luck

So you have put in a tribunal for a special needs school. But are now wanting to send her back to mainstream to get more evidence to show she needs special needs school? What school was she enrolled at previously? Could she go back there? I think you might have to stop the tribunal process and enroll her at mainstream to be able to do that?

Tbh the LA will probably be ordered to name a mainstream by the tribunal as part of the orders. I'm guessing it's been left in the Elective Home Education format, where it's correct to have a type only.
I wouldn't seek out having one named, though, I think you'd regret it.

Are there any alternative provisions you can self-fund? I appreciate that may not be possible

I’m certain she won’t cope she’s been to mainstream and didn’t that’s why I took her out you can’t do that with a ehcp that’s why I’m asking if anyone knows how to go about it

It was primary so not able to send her back unfortunately, this is secondary and she has not been to secondary.

She’s 14 and the ehcp states mainstream.

I don’t want her to miss another year of education I can no longer facilitate this at home so she does need a school place whilst we wait.

If she's not in school have you asked for an expedited hearing?

No as that wouldnt change the lack of evidence that she needs a special school? I need to gather some whilst I wait.

I do understand but also EHCPs go up to age 25 for a reason. Putting her in a mainstream school is your choice but I would caution against it, as the fallout could set her back further.
If you're confident you have all the assessments and professional reports and the working document has been amended to reflect them, then request the hearing is brought forward.

I don’t have those that’s the point

OK so if you're entitled to legal aid, you can get assessments through that.
You can also try Parents In Need, as they can offer funding towards assessments for those with tribunals, and it's not means-tested.

What assessments has the LA carried out? You can also request they do some, they may not agree. But relying on evidence from a failed placement is risky, as tribunals usually take evidence from professional reports and that needs to go into Sections B and F

What are the reasons she can’t cope in mainstream- anxiety, behaviour, learning?

is she getting any home education from the LA?

if you do send her to a school, or at least get a school named and then she doesn’t actually go then get medical advice which outlines her anxiety (or whatever is the main reason) and then the LA will have to put in home tuition (sometimes called medical needs tuition).

It’s likely if professional reports are several years ago (like EP) then it is likely the LA will commission one as part of their evidence for tribunal.

She had an annual review in December, no assessments were done of her needs and no educational psychologist was involved in the review she has not had any assessments since she was in school and that was 4 years ago she last had an assessment.

The tribunal isnt till march 2026

No she’s elective home education so they are not proving anything. Mainly anxiety and behaviour related.

What do the tribunal orders say?
Usually it's expected there will have been an EP assessment within the last 2 years.

I would request the LA carry one out, and also request OT/SALT if your DC has difficulties with communication/sensory/handwriting etc
That's really the evidence that is going to help.

You could insist a mainstream school is named now, then go through the Section 19 process to get alternative provision when she's not able to attend. But it's often a fraught process, with demands of medical evidence/threats of fines whilst getting to that point, so be sure you're prepared for it.

I do sympathise, I've got DC with EHCPs and the tribunal we had was just an awful process. But attendance is a real hot potato in schools and LAs now, particularly in the last year. I would hate for you to have an even more distressed child and the school/LA all over you about attendance

I wouldn’t send her full time I would send her for an hour a two a day, there has been no mention of an educational psychologist assessment

The school doesn't have to agree to a reduced timetable. Have you spoken to them at all? But you also say you won't br able to get your child to attend, so do you think it's realistic?

You don't have to be passive - email the LA and request the updated assessments. You could also submit a SEND7 - request for change to the tribunal to request they order assessments - first you have to seek the LAs views on it.

I meant she would show she wasn’t coping in her behaviour. She would attend most likely but she is prone to aggression and this is what I’m dealing with at home she smashes my house up in meltdowns it’s simply not a case of no longer wanting her at home she is extremely challenging so they will see in her behaviour she wouldn’t attend full time as that would be a big leap anyway so I’m sure the school would be ok with a reduced time table if they want her all day they can but they would have to find a way to manage her aggression. I haven’t spoken to any schools as there isn’t one named.

Couple of questions:

Can you get a private ed psych assessment? Not cheap, but often worth their weight in gold

Why can't she just keep being home educated if that's working?

Cross posted op, I get it.

What services are involved with your daughter?