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.

Ive been through it a few times and my advice would be to take a total break over the weekend. Don’t even check emails and try and get outside or catch up on sleep.I guarantee after some rest you will come back fighting. You’ve argued your case in writing and the tribunal often decides from the papers in many cases and asks very little of parents on day. If the LA is saying school is suitable (not EOTIS) it has to find one. If it hasn’t the tribunal will order an interim package of tuition and adjourn to allow time to find a school. After you’ve had a break over weekend and cleared your head you can decide whether to continue to fight for this school. If they are being underhand maybe it’s not the right option. The EP job is also to advise you on what’s suitable so wait for that report. Don’t withdraw as that will leave your child with nothing. Even if the school issue can’t be solved you can get interim full time package of tuition and therapy quantified and specified by the tribunal and they generally are more generous than the LA would be eg my LA offered 15 then 25 hours a week and we got over 30.

Have you got your local councillors involved in this?

I feel for you OP. LA were awful for my last one and used the wait time as a moneysaving measure so did nothing to aid the process just acted to push me to breaking point. So they had agreed EOTAS but then wouldn't agree any provision. Dd wanted to study French, they said no but she could study maths and English A level and offered tutors. They refused the Textile tutor I found but offered horseriding instead even though dd has never shown any interest in horses. I finally cracked when a week before the hearing they pushed for it to be adjourned and so I funded an advocate who fought off the adjournment and got all the provision I had asked for. It was £2.5k but I didn't feel I had much choice as I couldn't cope with it going on any longer. Dd's AR is this month and I know they will strip the provision and I will be back on the Tribunal roundabout again. My anxiety at the prospect is already sky high.

Don’t withdraw! If the LA has not proposed a school, you have a very good chance. Be ready for them to propose one nearer the hearing.

Being full is not enough on its own to refuse to name your preferred placement. The LA needs to prove the school is so full the placement is incompatible. This has to be something specific, not vague nonsense LAs usually float about.

Are you appealing B&F as well as I?

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?

@Geneticsbunny not for an appeal to SENDIST for a child, it isn’t.

Yes B&F too. I have a huge massive bloody fear about them proposing a completely unsuitable school right at the end. That will push me over the edge. There's very good reasons we can't go down the SEMH school route

As difficult as it is, try not to worry. You can do this. Focus on collating your evidence and ensuring the case is as strong as it can be. Then even if the LA puts an unsuitable school on the table at the last minute, you can show it isn’t suitable. Have you requested an expedited hearing on the basis DS is out of school?

In the meantime, if there is anything detailed, specified and quantified in F, is the LA providing it? And if DS is compulsory school age, are they providing a suitable full-time education?

Don't withdraw. If it's your third you know this is what they're aiming for. Stick to the facts, don't get drawn into shit and remember the send tribunal is inquisitive not adversary. They will be looking at what's best for your child (seasoned send parent with their 10th appeal currently running here, it sucks!).

Our expedited hearing is late next year!! But evidence deadlines and case management in next few weeks?

He is being provided with about half the stuff in his current EHCP Section F (I have complained). 17 hours total. I fill in the gaps and design his curriculum myself for his tutor (who he loves) but is not a qualified teacher.

Have you considered eotas? That said it's not at all all unusual for schools to claim they're full (which is not a legal reason to deny a space, they must evidence why taking your child will cause the inefficient education of others which is a high bar to reach)

Remember 98% of parents win their send tribunals.

Now the hearings take so long the final evidence deadlines and bundles are stupidly early but late evidence can be submitted and is usually accepted as long as it's relevant and is submitted as soon as it becomes available.

Have you submitted another SEND7 requesting the hearing to be brought forward again? Sometimes it is possible to have it brought forward even further.

If there is provision detailed, specified and quantified in F that isn’t being provided, have you threatened JR? Then sent a pre-action letter if that hasn’t worked?

Not yet. I know I need to. I've never threatened JR because I know I don't have what it takes to go through with it.

I've never threatened JR because I know I don't have what it takes to go through with it.

I’ve started it, at least five times and the furthest it ever got, was lodging the papers at the High Court.

I went through a very adversarial ehcp tribunal.

I leaned to shut out all the voices. Focus on what you want, why it works, how they can meet need etc.

It's not up to you to show why nowhere else can meet need. It's only necessary for you to prove why your proposed school can meet need.

It's helpful to have legal thresholds notes down and send code laws written down to refer to.

Also remind the LA and the court of their duty to provide a suitable education.

I asked other judge in my tribunal (also supported myself) "how come when we've clearly established previous placements have failed and aren't suitable - am I sat here trying to prove a suitable place is suitable whilst the LA argues it isn't - but offers no alternative"

No one could actually answer that question 😂

"sat here trying to prove a suitable place is suitable whilst the LA argues it isn't - but offers no alternative" is my life at the moment.

If the threat of JR doesn’t work, it may not be as much work as you are imagining. SOSSEN can help with a pre-action letter. If that fails, for JR proceedings themselves, DS can be eligible for legal aid in his own right (different rules to BFI appeals to SENDIST). So whilst it will still be work, it wouldn’t have to all fall on you. And the majority don’t get that far.

I’ve not read through all the posts op- have you an EHCP for your child? You can name the school in the document under parental preference.
have you any reports, if you can afford it a private Ed psych report would be a good starter. Good luck

RTFT please

What?

The previous poster means read the thread (or you could even just read the OP’s posts). You would then see OP’s DS obviously does have an EHCP otherwise OP couldn’t appeal to SENDIST to have the school named (when the LA refused to name parental preference) or appeal B&F too. And you would see OP posted about an EP assessment.

👍🏻