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

It’s not working, I did it as a temporary measure till her next annual review but the LA refused to do one and ignored me for 2 years until I put in a complaint. I don’t want to home educate and never wanted to I felt it was the only choice at the time which I regret not just sending her back then and letting them see. Ive looked into private but I don’t have thousands for that sadly. We do not have anyone involved other than SLT and they only see her 3 times a year as per her ehcp which they’ve said isnt enough and need to request more but they are not sure how to do that so said they will get back to me when they have any more information.

you could call an emergency review if SALT want to put in extra provision, but they should put this in a letter so that you have the evidence for SENDIST. Is it a section B AND F also? Did her primary school agree she needed a smaller provision - they could provide evidence. Do the named school have a nurture provision - some schools are less transparent about this. Are there any local charities that provide assessments (I am surprised that in some areas these exist0.

Can you speak to your local SENDIASS about this. Any medical evidence from CAMHS? Early help or any targeted youth/health support involved?

I have her old senco involved as I still have children at the school she has really tried to help but the LA don’t care she’s wrote to them, she’s provided me with a strong supporting email stating dd needs a special school and given the reasons for this but still not listened to. The SALT wrote in an email she will be requesting more therapy through the ehcp.

Hi SENCO here.

When she was first given the EHCP did she go through and EP assessment then? You can ask for her to be assessed again by an EP as to me it would need updating as well. Could be a long waiting list though. You are asking for Section B to be looked at again as that states her needs at the time of the initial EHCP. If that is the case and is evidenced by further assessment ,EP SALT then section F , the provision to support those reviewed needs to be changed also. This is where you say Special School but it has to be evidenced that is what is needed. Has she ever been seen by CAMHS? Diagnosed with anything?

Just to say I know the waiting list for CAMHS is atrocious ( almost 3 years where I am) but may be worth putting in a referral. Doctor can do it for you.

If you do longer wish to EHE, you need to inform the LA you are no longer EHEing and they must make arrangements so DD still receives a suitable full-time education and anything detailed, specified and quantified in F. If DD can’t cope in school the LA must make other arrangements.

If DD can’t cope in school, you don’t have to send her to school just so you have evidence the placement has failed. Evidence can be gathered in other ways such as independent assessments. If you aren’t eligible for legal aid, which can fund assessments where necessary, contact Parents in Need. Professional evidence is still important even if DD does return to mainstream.

Have you appealed B&F as well as I? Request an expedited hearing.

*no longer

Yes. Sorry meant to mention that the LA should still be providing education. This can be by Outreach services whereby teacher come to your home or a mutual place like a library etc.

She is diagnosed autistic since age 5 she’s had a ehcp since 5 as well when she started school, she was last seen by an educational
psychologist in primary school but she would now be year 9. I was happy with mainstream primary but I made it clear to them that mainstream secondary wouldnt work and that she needed a specialist for secondary, this was refused and she was given mainstream which is when I took her out.

If you think that your child needs a specialist setting, then whatever you do, do not agree to any mainstream setting that the LA put in section I as the tribunal will see this as you accepting that your daughter will manage a mainstream setting. It diminishes your argument for a specialist setting.

I understand that you need to gather evidence though. Use the evidence you have about why she left mainstream primary.

Get yourself a private Ed Psych report at the bare minimum. If she has sensory issues, an OT report would also be helpful or a SALT report if there are S and L difficulties.

Re: Ed Psych. Book one now. You could be looking at up to a year wait for one so book it straight away.

See if you can gather evidence from anyone else who has dealings with your daughter. A club? A home ed group leader? Forest school leader? Etc.

The LA are under a legal obligation to provide your child with a suitable education in the meantime. I'd find out the law on that and remind them.if their legal duty. Check section 9 of the SENS code if practice. Tell them that mainstream is not suitable and request tutors to fill the gap until Tribunal.

SOS:SEN do two wonderful booklets for £5 each on the EHCP process and the appeals process. Worth their weight in gold!

I can’t afford private ive looked into it and it’s thousands, I’m not working as I had to give up work to have her at home as she can’t be left with anyone she can’t go to clubs or groups due to her aggression and need for 1:1 so private isnt an option sadly.

So have you checked if you are eligible for legal aid? And if not have you contacted Parents in Need?

On your previous thread, you said there was a school named in the EHCP. Has the LA amended since then to remove the placement and just leave the type of placement?

Are you getting dla? That might at the very least help you to get some respite (long waiting lists but better than nothing).

Yes it seems to have been removed since the AR now just says a place in a mainstream setting (she never attended the previous one named) Ive filled in the online form and it says to call them but I think I should be entitled.

Yes she get hrc lrm

Focus on the legal aid. That can fund assessments if necessary.

If less than 2 weeks ago you had a finalised amended EHCP following the AR naming a particular mainstream school and now the LA has amended again since then to remove the specific placement to just leave the type of placement, they haven’t followed the correct procedure. You should speak to the LA about that.

Presumably, you have a specialist setting in mind. Have they been consulted with? Are they section 38 school? If consulted with, have they said that they can meet needs? If they have not been consulted with, please ask the LA to do so. I am not sure how your EHCP reads, but if the specialist setting says they can meet needs, then that is really helpful. At the moment, section I is blank with maintained secondary in type?

You can request temporary education be made - IPSEA website is good for this.

and I am very sorry you and your daughter are in this position. I have two dcs just hanging in at mainstream and there is no suitable specialist setting for them anywhere near me. I somehow manage to work part time, but the stress is phenomenal.

If mainstream is named as type, section I isn’t blank. A blank section I doesn’t have a type of placement named.

Secondary is different in style, some dc cope better in a quiet ordered environment which is easier than primary which can be noisy and disordered. Also some mainstream secondary have support units

I’d say it’s the opposite, the secondary would hardly be quiet it has 1700! Compared to her primary which was 700

Yes the Sen school visited and said they could meet her needs.

Also to add to this the secondary school said they couldn’t meet need originally but was still named by the LA I have been told the LA can over ride them not being able to meet needs.

They can override them, but you actually have good evidence that mainstream cannot meet her needs (consultation document and primary school witness statement). And good evidence that specialist can meet needs. So the specialist is the nearest suitable school. I would ask for the tribunal to be expedited. Also look through ofsted reports and prospectuses to see if you can find the evidence to make the school ‘fit’. Do you have the LA response yet? If so, go through that to see what they say (nothing substantial, probably).

Ive just received this from the LA today, does this sound right? They want me to rewrite the ehcp how I want it to be?

The working document is an essential part of the process. But this is where the professional reports are really key. As although you can put whatever you want as a proposed amendment, if it's not in a professional report the tribunal are unlikely to agree it.

Did the SALT prepare a report from the AR?

Tbh this is where I would go back to the LA and say the professional evidence is out of date and new assessments are needed?