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AIBU?

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Original poster

to think of suing LA for SEN school fees when they eventually give DC an ECHP?

109 replies

ehcpnightmares · 18/05/2023 23:53

DC 13 in state school which is not going well at all
He definitely meets criteria for EHCP but LA refusing to assess (we have appealed)
We can pay school fees for a couple of years (if we can find one that fits him with a place)
Hopefully in the future LA will pay school fees, but wondering if we'd be able to reclaim the fees for the next year, given they had no good reason to delay ECHNA?

OP posts:
Lougle · 21/05/2023 17:24

PocketSand · 21/05/2023 16:35

You will have to go to tribunal if you want specialist indi. You should have private EP, SALT and OT reports. Including EP and SALT assessment of LA named placement. All experts should be tribunal 'certified'. You should be represented at hearing.

The judge will seriously take into consideration if your child is currently out of education but willing to try to attend new setting if new setting can provide a different environment (like small school/small classes/SALT and OT onsite)) that LA placement can't provide.

No guarantee of success but worth a shot.

Absolutely not true. DD2 had only evidence of declining attendance at school and ASD dx. I got statutory assessment, then argued that they needed to do a SALT assessment and sensory OT assessment. The OT assessment was commissioned privately by the LA because NHS OTs in our LA aren't commissioned to do sensory work. The SALT was also commissioned privately by the LA, at my insistence, because NHS SALT waiting lists would go beyond the SA period.

When the private SALT gave an awful assessment, I made a formal complaint and she admitted that she hadn't even heard of the SEN COP. Then a fantastic SALT that I'd been in contact with at the LA's specialist communication team offered to reassess to get the LA out of the hole that had been dug.

DD2 was then offered an independent specialist school - 3-4 students per class with a TA who trails them to all lessons. She has OT at school and the SALT who assessed her from the LA still sees her weekly.

You don't necessarily have to go to tribunal and I didn't spend a penny on assessments.

ThomasWasTortured · 21/05/2023 17:35

And even if you do end up at Tribunal you don’t need representation, it’s more than possible successfully self represent.

OneTwoThreeFourFiveOnceI · 21/05/2023 19:31

Lougle · 21/05/2023 17:24

Absolutely not true. DD2 had only evidence of declining attendance at school and ASD dx. I got statutory assessment, then argued that they needed to do a SALT assessment and sensory OT assessment. The OT assessment was commissioned privately by the LA because NHS OTs in our LA aren't commissioned to do sensory work. The SALT was also commissioned privately by the LA, at my insistence, because NHS SALT waiting lists would go beyond the SA period.

When the private SALT gave an awful assessment, I made a formal complaint and she admitted that she hadn't even heard of the SEN COP. Then a fantastic SALT that I'd been in contact with at the LA's specialist communication team offered to reassess to get the LA out of the hole that had been dug.

DD2 was then offered an independent specialist school - 3-4 students per class with a TA who trails them to all lessons. She has OT at school and the SALT who assessed her from the LA still sees her weekly.

You don't necessarily have to go to tribunal and I didn't spend a penny on assessments.

Show quote history

That is a fantastic outcome but also one that is likely to be very very far from the norm. It is also risky in so far that the LA commissioned report may not fully reflect the required provision even if it not the normal situation where the LA/OT have limits to what they can say

Lougle · 21/05/2023 19:53

OneTwoThreeFourFiveOnceI · 21/05/2023 19:31

That is a fantastic outcome but also one that is likely to be very very far from the norm. It is also risky in so far that the LA commissioned report may not fully reflect the required provision even if it not the normal situation where the LA/OT have limits to what they can say

Show quote history

Why would it be far from the norm? DD2 was attending school full time in December 2022, struggled after Christmas, and was out of school completely by March 2023. So her outcome was given after 3 months of serious decline. I just used the evidence I had to argue that it was the start of disaster.

hiredandsqueak · 21/05/2023 19:58

Lougle · 21/05/2023 17:24

Absolutely not true. DD2 had only evidence of declining attendance at school and ASD dx. I got statutory assessment, then argued that they needed to do a SALT assessment and sensory OT assessment. The OT assessment was commissioned privately by the LA because NHS OTs in our LA aren't commissioned to do sensory work. The SALT was also commissioned privately by the LA, at my insistence, because NHS SALT waiting lists would go beyond the SA period.

When the private SALT gave an awful assessment, I made a formal complaint and she admitted that she hadn't even heard of the SEN COP. Then a fantastic SALT that I'd been in contact with at the LA's specialist communication team offered to reassess to get the LA out of the hole that had been dug.

DD2 was then offered an independent specialist school - 3-4 students per class with a TA who trails them to all lessons. She has OT at school and the SALT who assessed her from the LA still sees her weekly.

You don't necessarily have to go to tribunal and I didn't spend a penny on assessments.

Show quote history

It wouldn't happen in our LA like that. I know many parents who have got to appeal and only then have Tribunal ordered LA to commission SALT and OT assessments adjourning the appeal until the reports are in. Our LA have a sensory checklist that they deem fulfils the OT assessment requirement and they stick by that until they are forced to commission an OT assessment. Dd last had a NHS SALT assessment age 3, every assessment since has been an independent assessment she's 20. Every OT assessment she has had have been independent assessments. She last saw an LA Ed Psych at 13, we've been to Tribunal twice since then again independent ed psych assessments needed but it didn't stop LA Ed Psych appearing as LA witness despite having never seen dd.

ThomasWasTortured · 21/05/2023 20:28

Whilst it isn’t very common, it also isn’t unheard of. I have supported other parents in multiple LAs with similar outcomes.

ElfDragon · 21/05/2023 20:46

Lougle · 21/05/2023 19:53

Why would it be far from the norm? DD2 was attending school full time in December 2022, struggled after Christmas, and was out of school completely by March 2023. So her outcome was given after 3 months of serious decline. I just used the evidence I had to argue that it was the start of disaster.

Show quote history

But surely at least some of that fantastic result is due to you having been through the process before? I’m not sure it would have been as straightforward if you hadn’t already known the SENCOP inside out and backwards, and already been well versed in holding LAs to account?

Lougle · 21/05/2023 21:12

ElfDragon · 21/05/2023 20:46

But surely at least some of that fantastic result is due to you having been through the process before? I’m not sure it would have been as straightforward if you hadn’t already known the SENCOP inside out and backwards, and already been well versed in holding LAs to account?

Show quote history

To be honest, it was the encouragement of the ladies on the Goose and Carrot thread in SN Chat that got me through it. Knowing the Code doesn't mean you necessarily find it easy to stand up for what is right.

I have been through it before with DD1 but that was largely when she was 3-4, so the old SEN COP with statements of SEN. I never had to fight for DD1 because she was so obviously delayed and, frankly, nightmarishly disruptive. She was offered state special school without even asking for it because even complete 1:1 at mainstream would have been disastrous.

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