SEND Tribunal

[BackForABit]

In the third special needs tribunal process for my severely disabled DS who is out of school.

We have no legal representation (don't qualify for legal aid but also just not wealthy enough). It's just been awful, really aggressive, lots of sneaky behaviour from the proposed school and local authority.

I am so stressed that I've started to forget everyday words, my vision is blurred a lot and I don't take in / understand some emails / everyday conversations.

They have me questioning everything and now I don't even know what's right for my son.

AIBU just to withdraw? I don't feel in a fit state to continue, so LA will probably win anyway.

OP I really feel for you, I never had to go to Tribunal for my DD but I did experience a battle for her EHCP.

Have you got support from IPSEA or your local SENDIASS team? I used both during my application process. I know that SENDIASS teams are very hit and miss and are connected to the Local Authority so some aren't independent (mine were) but I found IPSEA excellent and I know they can provide support for Tribunals

We have some support for IASS but they can't stop the LA/proposed school being so aggressive and difficult.

I honestly just want to run away.

OP - just take it one day at a time. Remember right is on your side. Be yourself and be reasonable - just set out your arguments clearly. The tribunal will see that; and won’t be impressed by the LA’s silly games. Ime, give the LA enough rope, and they hang themselves. There is nothing more satisfying than seeing the tribunal chair give the LA rep a tongue lashing! (Although reading the judgement, that accepts 99% of your arguments is also very satisfying) Giving up and letting the LA have their way is likely to cause more stress for DC and you, in the long run, because the provision will be totally unsuitable for DC, who will suffer?

Have you talked to your GP? Maybe some antidepressants could take the edge off? They usually help with anxiety as well as depression.

As pp has said, seek advice from IPSEA and SOS!SEN, if you haven’t done so already. I wouldn’t trust SENDIAS too much myself, as in some areas, they are too close to the LA imo.

Sorry I have no advice regarding the tribunal but as pp has said please see GP if you haven't already about your visual symptoms and forgetting words

What are the proposed school doing that you are seeing as aggressive and difficult?
I'm only asking because I've been in a similar situation from the school's perspective where we were named so we're being told that we had a duty of care to do regular checks on the child, yet the parent viewed this as harassment.

Could something similar be happening to you?

I'm sorry the process is so difficult for you, what result/type of education are you hoping for, for your ds?

What are the blockers OP?

Is this a situation where Mackenzie Friend could help? Someone to represent you who isn't a lawyer who will help articulate things for you? I don't know if they're permitted at these hearings so it's just a suggestion.

You’ve already been here before. You can do this.

Please share where you’re stuck and those of us in the same boat will see if we can help.

You have my heartfelt sympathy. We are just approaching our third tribunal and I feel very scared about the prospect. Preparing for the second tribunal ended up with me in A&E through the stress of it all. Some of things I had to put in place to cope were:
Only opening/responding to emails about the case in the morning (if I did them in the evening I never slept)
Taking myself off to do some exercise afterwards - a walk or a swim.
Consciously stopping myself from thinking about the case after that - I tried to distract myself if I found myself constantly worrying about it.
Using IPSEA for advice and support both before and at the Tribunal itself.
Having a Plan B, if we were not able to get through the Tribunal.

None of it is easy.
For today, can you give yourself a day off from worrying about it and do something relaxing, whether that is watching cartoons with DC, or playing a game together?
Is there someone who can help look after your DC for a few hours tomorrow so that you can get out for a walk in the fresh air?

Don't withdraw! That's what they want.

However I understand how stressful it is, I have been in this situation.

I found it so stressful it triggered some sort of episode and I had to be sectioned for psychosis. So totally get it.

Please don't give up though

It's possibly a bit outing but basically the school literally (very very literally) misled everyone (including the LA) about how full they were in a really sneaky way, and now the truth is out our LA randomly decided to agree with the school and oppose the appeal. Beforehand our LA maintained (verbally) they would name and direct if school wasn't so full.

LA paperwork is written by their legal team and I find it quite aggressive but don't want to give particular examples (sorry, I know that's a bit difficult for people to advise but I'm already completely paranoid over everything at the moment).

School and LA (now) also contesting on a different ground which is really complex as DS has speech of a toddler and is severely disabled (went to a state special school previously), has NHS diagnosed Learning Disability diagnosis but can do mental arithmetic so proposed school are saying he only has 'mild learning difficulties' (they are confused about definition of learning disability). No school will take him, the LA haven't even proposed a school.

Did you have to postpone your Tribunal?

Legal aid is based on the wealth of the person the tribunal is about i.e your son so unless he is loaded, he should be eligible? It is hard to find a solicitor that will do legal aid for tribunals though.

Is this the only school which will suit him though? Keep pushing if it is but if they won't think he will fit then either they don't have space or they don't think the school will suit him.

I agree that it is an awful process. I had a breakdown when we went through ours. But looking back I wish I had been able to step back from or and desperate the emotions from the facts a bit more to protect myself.

We ended up with the school we wanted but my son is now being moved on as they feel his needs are too great.

I asked the legal aid advisor if we could do it through him this morning and they said no?

I don't even know what will suit him anymore, especially as everywhere has said no (including out of area, independent etc).

Can you demonstrate that the school can meet his needs? Have they demonstrated they CANNOT meet his needs?

The tribunal will look at applying the law and the law says that the LA must secure a place at the parental choice so long as the placement is not incompatible with the effective education of others, or an inefficient use of public funds. (CAFA 2014 s35 I think)

So stick to your guns. The LA don’t get to say “well we don’t have a place for him. They MUST discharge their legal duty by supplying a full time accessible appropriate education. The judge will chew their ears off if they turn up with no plan whatsoever except attempting to derail the parental choice.

What do your EP reports and OT report say he needs? If he doesn’t have one, you can also appeal on that basis - that his plan is not on the basis of his needs being properly assessed and identified.

EP assessment we paid for privately a few days ago, waiting for report. He's had EHCP since he was 3 and so previous EP reports very old.

As he's been to multiple special schools and has OT and SALT reports detailing such extreme needs, we've sort of got into a position where no schools feel they can meet need. A week ago I was fairly confident our proposed school could meet need but I am just doubting it now.

Op I'm sorry this has been so stressful but understandable. Have you had a tribunal hearing yet?

Ime (I've sat on the panel many times) they are generally sympathetic to parents and understand that if you don't have representation then they need to walk you through it. Is the EP going to support you at the tribunal?

I hope the EP report comes back and accurately reflects your dc's needs. Sometimes professionals try and 'over egg' needs to try and match a specific provision and it backfires as on paper it looks like the needs are too significant for the provision.

I’m sure I’m teaching my granny to suck eggs here but make sure that your report is absolutely specific and quantified in it’s recommendations including the type of placement.

Huge sympathies OP. It took years to get my DS into his current school. The LA was absolutely mendacious and the words "cannot meet need" are forever etched on my brain. Please don't give up. Do you have any support from DC's dad?

Yeah DH is emotionally supportive but wouldn't know where to begin in helping me with this.

Op, completely understand your difficulties and just wanted to add my experience.
The whole send tribunal system is brutal and long.

i went to appeal section I and name a specialist school who at tribunal dismissed child’s needs so disrespectfully, that I was left what school now, as had visited and wanted that school for 2 years.

lost the tribunal, but judge forced LA to reassess EP, which happened with 3 weeks, and I then started trying to find new school,

found a great school, LA eventually agreed, and child has been going great.

sometimes when a door closes we have to find the open window.

the whole process took a lot of my wellbeing, I put on loads of weight and lost myself for a while.

its a brutal system, but you know what your child needs, keep fighting 💪🏼

That's convenient for him! In fairness, my DH was the same. None of us are born knowing this stuff, it takes lots of effort and research. You have already done fantastically well to get through two tribunals (although you shouldn't have to). Our LA loses 98% of SEND tribunals and the Panel tends to read between the lines when it comes to LA delays and prevarication. The odds are on your side and there's an excellent chance the Panel will be too.

Do you have anyone who you can appoint as a McKinsey friend?

DO NOT WITHDRAW! That’s what they’re hoping you do. And you’ll just be back at step one.

Unless you’re really really unlucky, chances are the tribunal will take a very dim view of any aggressive behaviour or mucking about and, as others have said, be very sympathetic. Also when the LA and/ or school realise that you’re not backing down they’ll probably agree.

Just try to get yourself there in one piece. Eat well, get some fresh air, only read/ answer emails in the morning, go to see your GP and ask them for any help they can give- basically do everything you can other than cancelling the tribunal.