Help with appeal tribunal please

[almostfalling]

I’ve posted before but changed name as this is quite outing.
my son is autistic, he’s in year 6 has a EHCP and full time 1:1 support (mostly funded by council but school does do extra)
we had a review last October and agreed consultation with 3 mainstream schools for secondary. 2 said no and 1 didn’t respond. Council allocated the school that didn’t responded. Two months later we had a meeting with the secondary school who have said they can not meet need. Tbf ds has struggled more since October. He can’t spend more than about 20 minutes in the class a day and is being taught 1:1 in a small classroom. He is completely supported at all points of the day and is disregulated regularly if support isn’t there. He’s also doing 20 min learning and 10min sensory break.
Upon learning about this we decided to explore Sen school options. Our son is extremely able academically so we want him to have access GCSES/equilvlant.
We have found two (wholly) independent schools in our city we feel can meet need. (Both have spaces currently) There is a maintained Sen school which we are less keen on but would accept if no other option.
We requested an out of time frame tribunal for section I and a early EHCP review to update the EHCP to reflect his current level of need.
We have a hearing date for tribunal in first week September. We had the early review yesterday. Council have agreed to go to panel to consult with the two independent schools and will reconsult with the named secondary school.
Thank you if you got this far! Here’s my questions-

If panel say no to consult with independents i understand we can appeal, what happens if they still say no?

I didn’t name a school in tribunal application I just requested consultation with Sen and independent schools. Am I best to keep that as it is or to name a specific school (one of the independents) ? Can I name an independent school if council haven’t yet consulted? is the tribunal likely to agree to a independent if no schools have been consulted with?

if council do consult a variety of Sen schools and they choose one we are unhappy with can we refuse it? What happens if we do?

what happens if nothing is decided before tribunal date?

if we are unhappy with the council decision but it’s after tribunal do we have to start the appeal process again?

if anyone has any knowledge I’d be grateful as I am panicking and don’t have a clue. I’m going to contact our sendias for support and ipsea.

If panel say no to consult with independents i understand we can appeal, what happens if they still say no?

You are already appealing. If your appeal to SENDIST is not successful, you will either have the option of sending DS to the school that is named following the conclusion of the appeal (which may or may not be the school named now) or making your own arrangements. You would be able to appeal again when you next had the right of appeal.

The naming of a school in an EHCP doesn’t automatically put DC on roll.

if council do consult a variety of Sen schools and they choose one we are unhappy with can we refuse it? What happens if we do?

You continue with the appeal. Following the conclusion of the appeal, as above, you will either have the option of sending DS to the school that is named (which may or may not be the school named now) or making your own arrangements.

I didn’t name a school in tribunal application I just requested consultation with Sen and independent schools. Am I best to keep that as it is or to name a specific school (one of the independents) ?

You will need to state your preferred placement at some point.

You could request just a type of placement is named, but that wouldn’t be advisable, especially when you do have potential schools on the table.

Can I name an independent school if council haven’t yet consulted?

For a wholly independent school to be named in an EHCP, you need an offer of a place. If you need the LA to consult but they won’t, you can ask SENDIST to Order the LA consults.

is the tribunal likely to agree to a independent if no schools have been consulted with?

Tribunal won’t name a wholly independent school without them offering a place, whether that is via a formal consult, POP form or otherwise.

what happens if nothing is decided before tribunal date?

Then SENDIST will rule on the issue. If there has been little engagement towards resolving the outstanding disputed content of B&F and the case isn’t ready to be heard, there is the chance SENDIST will vacate the hearing and re-list.

if we are unhappy with the council decision but it’s after tribunal do we have to start the appeal process again?

It shouldn’t be after your Tribunal HD. That would mean the LA would be in breach of the review timescales.

The review should feed into the appeal process and the WD process.

If the LA finalises another version of the EHCP between now and the hearing, SENDIST may want you to submit a fresh appeal then consolidate the appeals because the new EHCP will supersede the one you are currently appealing.

If for whatever reason the LA did finalise after the hearing, the LA would have to finalise yet another version once the Tribunal Order came through.

Thanks @scoopofmintchocchipicecreami think I understand why I’m so confused. At the EHCP review yesterday I gave our preferences - 2 independent schools and I asked our sen officer if they plan to consult with any other schools. The Sen officer said no but she would go to panel to request to consult with the two independent schools we have requested.
I then asked if I can name an independent school in the tribunal. She said yes but it would be better if I didn’t name a school as the tribunal would trigger a whole service search which would be better for us as it gives a better chance of finding a suitable setting.
So what I don’t understand is if the council is willing to consult with independents why would we go to tribunal to ask the judge to state that we need to consult with Sen and / or independents schools? It feels like they are already doing that?

I also spoke to sendias and they have said we can only name an independent in the tribunal forms if the independent agrees to be named and will hold a place. Sendias said independents rarely do this as they don’t want to tie a place up. And they don’t have to consult. So we could find ourselves with no schools to name is that correct?

our Sen officer also said it will take a long time to find a suitable setting and it won’t happen for September (the final hearing is in the first week of September) how can that be if they have to have everything don’t before the case hearing?

Sorry that should say everything done before the case hearing.
we are only appealing section I at tribunal but the EHCP will close mid august ( about three weeks before the case hearing. )

At the EHCP review yesterday I gave our preferences - 2 independent schools and I asked our sen officer if they plan to consult with any other schools. The Sen officer said no but she would go to panel to request to consult with the two independent schools we have requested.
I then asked if I can name an independent school in the tribunal. She said yes but it would be better if I didn’t name a school as the tribunal would trigger a whole service search which would be better for us as it gives a better chance of finding a suitable setting.

Ignore. If one of the independent schools is willing to be named in the EHCP and is your preferred placement, you should state that as your parental placement for the appeal. The whole point of the appeal is that you are appealing for your preferred placement. If you don’t state your parental preference the possibilities will be that a) the hearing is vacated and re-listed for a later date, b) the case is thrown out, or c) you request, and SENDIST agree, to just name type of placement but that may then result in a placement you are not happy with.

I wouldn’t trust the LA telling you they won’t consult other placements. It is likely they will. The employee attending the review may not be aware because the Tribunal Officer will be involved in the Tribunal case.

So what I don’t understand is if the council is willing to consult with independents why would we go to tribunal to ask the judge to state that we need to consult with Sen and / or independents schools? It feels like they are already doing that?

If the LA is willing to consult your preferred placement, you don’t need to ask SENDIST to direct them to consult.

I also spoke to sendias and they have said we can only name an independent in the tribunal forms if the independent agrees to be named and will hold a place. Sendias said independents rarely do this as they don’t want to tie a place up. And they don’t have to consult. So we could find ourselves with no schools to name is that correct?

SENDIASS is right that a wholly independent school can only be parental preference for Tribunal if they agree to offer a place. It isn’t rare for independent schools to do this. Although some independent schools are more open to being named than others. Sometimes the school will give a deadline until they will hold the place for. If the LA won’t consult, you can ask SENDIST to direct them to consult.

If neither of the independent schools will offer a place, you will need to think about another preference.

our Sen officer also said it will take a long time to find a suitable setting and it won’t happen for September (the final hearing is in the first week of September) how can that be if they have to have everything don’t before the case hearing?

Ignore. Sometimes LAs try to get the hearing vacated and pushed back. If that happens to you, I would strongly object.

we are only appealing section I at tribunal but the EHCP will close mid august ( about three weeks before the case hearing. )

I would submit a SEND7 to request to include B&F. It is advisable to appeal B&F as well as I, especially when your preference is an independent school. This is because the placement named in section I is the logical conclusion of B&F. B + F = I. It is likely B&F need improving, anyway. Also, although they shouldn’t, LAs often write B&F in a way to fit the placement they named.