Tribunal

[MabelsBeats]

My DD has an EHCP. She is going into year seven in September.

She has passed the 11+ and she has an offer from an independent school.

The council has finally named a school. It is a rough comprehensive. She is socially vulnerable and there is no way on earth she can go there. She wouldn’t last a day.

I am trying to get my head round this and put in an appeal, but don’t know how. It is just section I that needs to be appealed. As the grammars near us have apparently said they can’t meet need, I would like the independent school to be named in section I.

I have contacted a solicitor today to try to get the ball rolling, and am concerned that she will have nowhere come September.

Any advice would be most welcome.

I urge you to reconsider appealing B&F as well. The placement named in section I is the logical conclusion of B&F. And it is highly unlikely the LA will have written B&F in a way that leads to placement in an independent school.

If you submit the appeal ASAP, the appeal will be heard before September. If you wait until the last minute to submit, it probably wouldn’t be heard before the start of term.

While the LA should take into account your/DD’s views/opinions, in order for a wholly independent school to be named, you need to prove the LA’s proposed school(s) can’t meet DD’s needs &/or it isn’t unreasonable public expenditure. So, in your case, focus on the former.

Consider whether you need independent assessments. Think about why the named school can’t meet DD’s needs/the provision she requires.

Thank you for this, all very useful.

I basically wrote the EHCP, in conjunction with paid for experts, and she was in an independent school until year four.

We have an independent report from last month, undertaken specifically to prepare for this eventuality.

I’m speaking with a solicitor tomorrow. I will ask her about potential updates to section B and F as well as I. We need to appeal as soon as possible.

The appeal went in this morning, thank goodness. Later than it would have done, because the rotten council only allocated us a school on Monday. Appealing against B, F and I as suggested. I am now going to focus on getting the updated reports that we need. Very worried about timescales for a hearing, but that is out of my hands.

Glad you are appealing BFI. Obviously not for appeals submitted yesterday morning, but dates coming back are still in time. Try not to worry.

Thank you so much, this gives me hope.

We have a date in June. Thank goodness. Now getting ed psych and other reports organised, in addition to the evidence and reports we already hold.

The council are being absolutely awful. They have missed every deadline from the tribunal, have still failed to produce what the tribunal has demanded of them, and we are now a few short weeks before the tribunal 😞 I am trying to stay strong for DD’s sake.

The proposed school said they couldn’t have DD after all. The council tried to ignore that, but could ignore no longer and put forward a second school at the last minute last week. This ‘new’ school has also provided chapter and verse evidence (citing EP, OT and SALT reports), saying that they can’t have DD as they can’t meet her needs.

The cost of their proposed school is more than our choice of school, due to transport etc.

Will the LA genuinely drag us to tribunal - with a cost higher than our proposed school and a school that has said in writing they can’t meet her needs?

I am getting really scared now. I don’t know why as we have what seems to me crystal clear evidence, but the LA are seemingly unwilling to accept the EP, SALT and OT reports. All of course we’re done by hugely qualified specialists in their field.

Take a breath. You can do this.

The LA may drag it out all the way. Knowing they won’t win doesn’t stop them. However, there is still time for them to concede. That can happen right up to the hearing and during in it.

Unfortunately, it isn’t uncommon for LAs to put a new school on the table last minute. I have known them try right up to the hearing. Don’t be surprised if the LA propose another school.

Thank you, that’s really useful 🙏🏻

I need to stay calm and have faith that our reports are solid, that my solicitor is hugely experienced, and that we will win.

WE WON! They conceded last week and the consent order went in to the tribunal yesterday. The LA didn’t take it all the way to tribunal in the end, as they didn’t have a leg to stand on.

I thought I’d feel jubilant. I just feel angry. This has cost us almost £20k with specialist reports and the solicitor, and my health has suffered.

Hurrah! How you are feeling can be normal.

Thank you, and for all the advice you provided - it means a lot.