Active discussions

Please or to access all these features

Talk
SEN

Here you'll find advice from parents and teachers on special needs education.

Original poster

ehcp tribunal

17 replies

Onmyownwith4kids · 22/12/2020 05:38

I have had a horrible two years fighting for help for my son who has severe dyslexia. He has a reading age of 6 and a spelling age of 5 despite a good cognitive ability. He is 11 in year 6. I have already won one tribunal to get him assessed for ehcp and back in January for refusal to issue. I paid for a private ep report. She said his needs are so severe he needs a specialist school. LA have got their EP to discredit my report saying that the intensice support he needs won;t work due to the severity of his difficulty so they are recommending assistive technology with no ehcp . I am so exhausted and stressed. Have fought so hard but scared of losing and can't afford legal representation or to pay for witnesses. Has anyone won ehcp tribunal against and LA Educational psychologist witness with no witnesses of my own. I have a very strong statement from my report and actually the Educatioonal Psychologist who is the witness recommended extensive support in his own report six months ago but is now standing against me and going against what he said

OP posts:
Original poster
Onmyownwith4kids · 22/12/2020 05:39

sorry that makes no sense I am back to tribunal in January for refusal to issue!

OP posts:
10brokengreenbottles · 22/12/2020 13:39

Try not to panic, most appeals are upheld. I suspect that will be the case here.

Have you been in touch with IPSEA or SOSSEN? The SN boards on here are really helpful too.

The judge will see through the LA's EP's change of view if they have clearly changed fact just for the EHCNA.

Original poster
Onmyownwith4kids · 22/12/2020 15:18

thanks so much for responding..In an absolute panic that they will listen to the educational psychologist but just been through his report and it exactly mirrors my own report that he is now trying to discredit. I'm just astonished that they are colluding so hard to try and stop my son getting the help he needs

OP posts:
10brokengreenbottles · 22/12/2020 17:33

It's infuriating. To reassure you, all evidence will be listened to and they will have seen the LA's games before.

I really should proof read my posts. My pp should have said "clearly changed stance..."

Kanchanjunga · 09/01/2021 07:19

I have also been to Tribunal on my own for failure to assess and won. Then again for a placement when moving authority and the LA settled before the hearing. I've been there again last year (2020) against the content of the plan. I have found the LA to be getting increasingly harder to fight, but it's still worth doing. How er it can be very stressful on your own. I have done everything myself with help from IPSEA and SOS!SEN. I have paid for occasional advice from a SEN solicitor when I was really stuck on the legalities of my particular case. My own LA has started to dig their heels in and now has a legal person within the SEN team and they appoint a barrister to represent them. It's worth asking IPSEA early on for a Tribunal Caseworker to help you. It is a free service and they will provide online support to help you fight your case. Would you mind me asking which LA you are in? I'd like to help you if I can, but I don't use these message boards often.

Original poster
Onmyownwith4kids · 23/01/2021 17:26

Thankyou it's East Sussex who are horrible to deal with. Got so stressed I have employed a solicitor and wish I hadn't. Thousands of pounds to do very little and money I have had to take a loan out for. I was hoping a legal expert would feel like I was less on my own but now the stress of the costs has added to it all.

OP posts:
Kanchanjunga · 23/01/2021 23:14

I'm sorry you have had to resort to appointing a solicitor. The costs will have soon run away with you. Your earlier message mentioned that your hearing is in January so, either you've already had it or it is imminent. It might be too late, but do consider contacting SOS!SEN for free advice, as they are based in Hampton Court and they are familiar with the LAs in the southeast. I attended a course there earlier this year about Working Documents and I have used their helpline alot this year. I agree with 10brokengreenbottles that your evidence will be listened to. Let us know how you get on.

Original poster
Onmyownwith4kids · 24/01/2021 18:22

thankyou..Tribunal this Wednesday. It is my second tribunal having already won refusal to assess. If I win this I know there will be a third and will definitely not be using a solicitor again..£40 just to forward on an email!

OP posts:
Arobase · 27/01/2021 18:05

The suggestion that specialist school intervention won't work due to the severity of your child's needs so he shouldn't have an EHCP at all is utterly ridiculous. If your expert has tribunal experience and has justified his/her advice by reference to the evidence (including information from your child's teachers) then I hope that has been enough, and that your hearing went OK.

Arobase · 27/01/2021 18:06

By the way, it's a bit late for you, but I second using SOS SEN. I found their webinars on the appeal process really helpful, and I think they are still available online. Also they produce very helpful cheap booklets.

SilverLiningSearching · 28/01/2021 10:22

OP I hope your hearing went well.
I have also been through the tribunal (for DS school placement.) and won.

I am in complete agreement with you regarding instructing a solicitor. I was given poor advice and had to pay through the nose for the privilege. Their involvement exacerbated the stress of the process rather than helping.

I would advise anyone hiring SEN solicitor to choose very very carefully. I wonder if some legal firms are jumping on the bandwagon of SEN law to attract further business, but lack the experience and/or commitment.

In the end I binned my legal reps off and got in touch with IPSEA who were very helpful.

Original poster
Onmyownwith4kids · 01/02/2021 22:02

Not had the judgement yet but the LA looked ridiculous. The judge saw through all their lies and made them look absolute idiots. I will be surprised if they win. Quite shocking when you see they are prepared to go all the way to tribunal with no real case. I almost felt sorry for them, There will be another tribunal after this if I win as I know an echp they issue will not be worth the paper it is written on. How long is it usually until you get a decision. I can'twait to see what the judge says.

OP posts:
Original poster
Onmyownwith4kids · 01/02/2021 22:03

and having a solicitor was not worth the money. The judge and panel did all the questioning and for all the money they hardly had to say anything.

OP posts:
Arobase · 02/02/2021 01:04

To be fair to the solicitor, sometimes the art of advocacy is knowing when the judge is with you and you should therefore keep your mouth shut.

It usually takes around two weeks to produce a decision, though I think I heard that it may be taking a bit longer at the moment.

SilverLiningSearching · 02/02/2021 09:49

So glad the judge saw through the LA BS, well done for sticking to your guns! I had to wait 3 weeks for the judges determination.

Original poster
Onmyownwith4kids · 10/02/2021 19:10

I won. Judge very dismissive of the LA's arguments. Now the next battle to make sure the ehcp worth the paper it is written on. Quite sad reading all the evidence written down and an acknowledgement from the panel about how badly my son has been let down

OP posts:
Ellie56 · 10/02/2021 20:53

That is great news @Onmyownwith4kids. Well done you!

And yes it is disgraceful that they go all the way to Tribunal using taxpayers' money to fund barristers when they don't have a leg to stand on. Angry

New posts on this thread. Refresh page