Are the odds in our favour? Tribunal is 10 weeks away and I’m floundering.

[FieldFullOfFeathers]

DD12 (year 7) has been receiving alternative provision in the form of home tuition from our LEA since the second week of transition to secondary school.

The wheels fell off very quickly (as I suspected) and she could no longer attend; this is very unlikely to change.

We have been through a needs assessment and the LEA refused to issue an EHCP at the beginning of the year. An appeal is pending and is 10 weeks away. In spite of our LEA having to fund home tuition for DD, they insist her needs can be catered for at school (the one DD is registered with but has not set foot in since September).

The Sen coordinator at the physical school suggested today that we are unlikely to be successful in our appeal as DDs needs are now being catered for via the alternative provision.

Could this be the case? Home tuition is not a long term solution because DD is isolated. We want her to attend a school with peers.

Any thoughts of whether we are likely to be successful in winning an EHCP?

Ignore the SENCO. That isn’t correct.

Try not to panic, the majority of appeals are upheld.

Thanks @BlueBrick . It is such an arduous process.

Do you think that the need for home tuition (which we were awarded under section 19) shows that DD’s needs can not be met in her secondary school?

It demonstrates a level of need that the LA has accepted. With other evidence it should be enough (I would never say 100% certain, but near enough).

Thanks @BlueBrick . Other evidence we have is for SIOT, which DD’s school have refused to consider (it was an independent assessment). Instead, they put in standard OT for regulation offering her movement breaks between lessons and she can ask for a fidget toy when she needs it. It’s not quite the same as SIOT!