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

Have you appealed sections b f and I? If so then yes that's right, they've sent you the 'working document' and you should use any evidence you have to update needs/provisions and outcomes. It seems you may be lacking in up to date evidence so use the legal aid. They can probably fund a better salt assessment and possibly others but speak to them about what you can get.

You can ask the LA for an updated EP assessment, if they refuse use a send 7 form and ask tribunal to direct them to do one. It's clearly needed as the other one is out of date. But as said, speak to legal aid first as if they will fund one it will be far better than the LA one.

You don't need to worry about mainstream, just stick to getting the plan appropriately updated via the above and name the setting that said they can meet needs. Do you know what type of setting it is? Just that if it's a non section 41 independent school they need to formally offer a space, otherwise you can just crack on.

Whilst no school is currently named your la still have a responsibility to ensure suitable full time education is in place (see section 19 of the Education Act 1996). They should be putting alternative provision in place https://www.ipsea.org.uk/getting-temporary-education-put-in-place Most try not to (£££) but you can ask a solicitor to write a pre action letter to get this in place, again speak to legal aid re this or there's a charity called sossen who can sometimes do them at a reduced rate https://sossen.org.uk/applying-for-a-pre-action-protocol-letter/ this may also help provide more evidence about your child's needs if they're in a placement

If your child isn't getting any education you can ask tribunal to bring forward the hearing. Use the send 7 form to do this. Make it clear they're getting nothing and are gcse age

lastly get a complaint in about the missed/ignored reviews and past lack of education. Take it to the Local Government and Social Care Ombudsman when your LA inevitably fob it off. You may get some piss poor 'compensation'.

Also worth asking for a social care assessment if you need respite.

hi is anyone still able to help here my daughter has seen a SALT since posting and she said 4 hours is what her ehcp states she needs but said that is not enough at all and has increased it to 11 hours she said this needs to be updated in her ehcp so she has wrote a report can anyone tell me if this is positive if i post the report and do i send it to tribunal? thanks

That is positive that the SALT has assessed and updated. Just ensure the wording is properly specified and quantified e.g. DD will receive x hours direct SALT per week - 39 weeks per year. The SALT reports I had also included additional hours to assess and produce a report for AR, and additional separate hours for staff training

you need to submit a copy of the SALT report to the LA as well as the tribunal. Do check the directions the tribunal ordered - it will have an evidence deadline. If the deadline has passed, you will need to seek the LAs views about submitting late evidence then complete a SEND7 and submit to the tribunal that way