Please help me gather Tribunal evidence.

[Aya1979]

Hi, I have attached the response from the school that rejected my daughter. This school is 5 minutes walking distance from us. Now she has to go to a school 4 miles away abd she will need LA transport.

Despite what the last ehcp Said, she did okay in her SATs getting 85, 90 and 95.

She also does not need constant adult supervision and her awareness of danger is okay. What sort of evidence do I need to gather to rebut these reasons?

Are you appealing B&F as well as I? You should. If B&F don’t accurately reflect DD’s needs and the provision she reasonably requires, which you are saying they don't, any consultation is going to be inaccurate and section I is the logical conclusion of B&F so the placement named may also be inappropriate.

What other evidence you need depends on what you already have.

Is the school wholly independent? It doesn’t sound like it. If it isn’t, you don’t need an offer of a place or for the school to agree. The law says your preferred placement must be named unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
The bar to be able to prove one of these is higher than many LAs admit.

To show these don’t apply, think about seeking independent Ed Psych, SALT and OT assessments. However, as this is a phase transfer appeal, when is your hearing? You may have left it too late unless you are very lucky and get a cancellation.

If you think DD doesn't require the things they are saying she does, do you have evidence from the current school DD doesn't require them?

You should ask exactly what the incompatibility is. Staffing can be written into F, so that on its own wouldn’t make placement incompatible. The LA must ensure the provision in F is provided, that includes funding it an at appropriate level.

Having said all that, are you sure DD will cope in a mainstream secondary? Are you sure she doesn’t require the support stated in the EHCP?

Thank you very much for your reply. My hearing date is 19th September and it is a phase transition. I can't afford an independent assessment and I only have her teacher's report to say she has improved a lot this year.
I am appealing B, F and I.

My deadline for evidence is next week
Do you think without an independent assessment to challenge B&F, my parent's statement and school report will not be effective as evidence?

I do feel she needs a lot of support because she is very quiet and can be easily forgotten But she certainly doesn't need constant supervision at school. She is very well behaved and eager to follow instructions as long as she understands it.

Without seeing the evidence, it is impossible to say if you have enough evidence or not, I’m afraid. B&F are based on the evidence, so if evidence is lacking, those sections will be poor. I appreciate you may be summarising, but a statement from a teacher saying DD had improved a lot won’t be enough to improve B&F.

If you have to appeal again in the future and you aren’t eligible for legal aid but can’t afford independent assessments, contact Parents in Need because they can sometimes help fund assessments.

From what you have posted your child sounds like they have similar difficulties to my child who will be attending a small independent school that specialises in speech and language and learning difficulties.

His current EHCP states he needs support for everything - moving round the school, PE, all classes with fine motor difficulties and high language load, supporting friendships...

Is the school the LA have named another mainstream or special/specialist?

No it is just another mainstream academy. It is not an independent school.

Thank you.
I have attached the only evidence i have which is teacher's report (the last paragraph is refering to her improvements).

I also want to mention there is nothing in B and F that would mean a regular mainstream school can not meet her needs. I also don't want to change anything from section F. Just a couple of lines in section B needs deleting/ changing.

The provision in section F is based on the needs in B. If section B needs amending, it is highly likely section F does too.

You say you are appealing BFI but that you don’t want amendments to F?

Unless B&F were the result of a previous appeal, it is likely they need more amendments than you believe. For example, it is highly unlikely F is detailed, specified and quantified.

B&F are based on evidence. You will need evidence to support your requests for amendments.

Unless the LA can prove the high bar for one of the reasons I mentioned in my pp, SENDIST should order the school is named. However, you should think about what other evidence you can gather to refute the reasons the LA state and their evidence. The LA is less likely to be able to meet that high bar if B&F better reflect DD’s needs and the provision she requires, so it will help if you have further evidence to support the amendments that are necessary.