SEN Tribunal - Where to start!

[SarahG28]

Hi all, I am at my wits end and would welcome any help and advice on how to proceed further to tribunal over the placement setting for my DS Higher/Further education setting in September.

To make this as brief as possible, there has been a new College setting made on my DS EHCP which we do not agree with and therefore we have already been to mediation on the 11.06.24 to try and keep him where he is and it was agreed that the LA would go back to the new placement setting that is named on my DS EHCP (new school to where my DS currently goes) to gather more information, mainly more detail as to how they can meet his needs in September and then go back to LA panel to make a decision. This process has taken 2 months and the outcome was 'We do not agree to reconsider placement as the college named in plan have said they can meet need. Tier 2 Tribunal case'

Firstly, what is a tier 2 tribunal case? And how do we proceed when this decision has taken 2 months to reach and now our mediation certificate has surpassed the 1 month deadline? Surely there must be some lea way as this has been the LA's fault dragging its heals, not ours?

My DS has already said he will refuse to go to the new setting in September, which btw is an hours drive from our house, yet the setting he currently goes to is 3 miles away! Just for reference my DS has ASC and has been going to a special school for autistic children. The LA now want to send him back to a mainstream college which is totally crazy and makes no sense.

Unfortunately, you should have appealed while you were still within the appeal window.

You could try appealing, explain why you are submitting after the deadline. You may be granted leave to appeal out of time.

Alongside this, request an early review. IPSEA has a model letter you can use.

Yes in hindsight I know that now but we were guided by the school SENCO who reassured us that in his experience going to mediation has worked 9 times out of 10 in his experience, so I guess we must be the unlucky 1!

I will try down the tribunal route as I have all the emails showing the constant delay and chasing I did with the LA and hopefully they might allow for an application out of the normal timeframe?

In the future, don’t listen to the school or LA. They often tell parents incorrect information.

SENDIST may accept your appeal late, but there’s no guarantee, which is why you should also request an early review just in case. Although the LA does not have to agree to that either, I’m afraid.

I can’t really help much however I am going to tribunal for daughters school placement (she is in special and want her to be moved to a more appropriate special we have the tribunal date). And by the time we get to the tribunal date I will have been at the whole process over 2 years for the change on section I ehcp. I hope the la will change minds and place before the tribunal date. All the best to you and your daughter x