Tribunal odds?

[almostfalling]

Ds is currently in mainstream. He needs a Sen school LA agree but haven’t found any where yet that is suitable. They just started consulting with independents (wholly independent) and we really like one of them and are awaiting their response. LA have now managed to find a Sen school that has a space, on paper it is completely suitable, we are less keen because we have heard poor reports about it. It’s closer than the independent though but we would prefer the independent due to it having better outcomes. In terms of what they offer they are fairly similar. Independent could offer more GCSES (tends to follow child’s capabilities) but Sen school does offer five. Both are schools for social/communication/ semh/ asd /adhd .
The sen school is 25k per year
the independent is 80k per year plus transport
has anyone been in a similar situation and got the school they wanted?
ds is 11 this is his top transfer year

I think the LA might get the edge if on paper they are similar.

Up until now I would have said that you’d get the independent via tribunal, but from the tribunals I’ve been involved with this year, they are considering costs a lot more and one of my Y6’s who I thought would get the independent didn’t and is now due to start the LA school next week.

Deleted as posted twice

While DS’s and your views and wishes should be considered, you will need to show the LA’s proposed school cannot meet needs &/or it isn’t unreasonable public expenditure.

Costs will only be considered if both placements can meet needs. Although you say they look similar on paper, you should dig deep. It is highly, highly likely there will be differences. Differences in academics can be relevant - this may well run deeper than just exams available. Although that alone can be a strong argument depending on the evidence. Look at your evidence. See what you have and what you need.

Moving on to costs, £55k plus higher transport costs is very likely to be seen as a significant difference. However, you should also look carefully at costs. Make sure all costs are accounted for. What exactly is included in the £25k and £80k? Does the £25k cover all costs? For example, it isn’t unreasonable for LA SS fees not to include e.g. the weekly 1:1 SALT and it need to be funded on top. Does it include the professional time for the AR?

Do you mean DS is due to start Y7 in a matter of days? I hope not! Or do you mean DS is about to start Y6?

More placement appeals are successful than not. However, the success rate isn’t as high as for refusal to assess and refusal to issue appeals.

If you need to appeal, you should also look at appealing B&F as well as I. That is because the placement named in section I is the logical conclusion of B&F. B+F=I. The LA shouldn’t, but it is also likely, to one extent or another, that the LA will write B&F to fit the placement they want to name.

Thanks unfortunately I’m thinking the same

Thank you yes due to start year 7 in 4 days! He’s got a mainstream placement currently that he will start at. LA have put in place a full time 1:1 for him on a temporary basis until we find a school. LA had consulted with 6 Sen schools originally who all said no 4 said could not meet need academically, 1 said he was too severe (which I would dispute) and 1 said too full. So panel agreed to consult with independents but by the time they agreed it was the 6 week hols so a couple have said no (one was full the other said can’t meet need) but the others haven’t responded yet.
The Sen school that was full now has a space or we would have had a good shot at the independent we wanted.
thank you I will dig deeper.

So the LA finalised (hopefully by the 15th Feb like they should have done if it is an existing EHCP. Or is this a new EHCP?) the EHCP naming a mainstream school in section I? If so, have you already submitted an appeal? When is your hearing?

Or have you not submitted an appeal yet and are relying on the LA amending? Unfortunately, they may not even if they say they will.

So you are aware, for none wholly independent schools, ‘full’ is not defined in law and schools that say they are full can still be named. The bar for the LA to prove incompatibility with the efficient education of others or use of resources is high. Not such an issue for you now, but something to be aware of. None wholly independent schools who object when consulted can still be named too. Not all objections meet the bar set out in law.

la finalised in March, we challenged it. LA spent a couple months doing nothing other than re consultation with mainstream (who all said no)we got a tribunal date for second week September. La then started consultations with Sen schools (who all said no) and went to panel twice for permission to consult with independents. All this took to end of July. As we don’t have a school to name we have requested to delay the hearing.

Ah right. Have you sought any independent assessments? These will help you show the LA’s proposed school can’t meet needs despite them appearing similar. For example, showing the more academic nature of the independent SS is important.

Have you spoken directly to the LA’s proposed SS? Sometimes LAs don’t provide a complete and accurate picture so it helps to contact them directly. If you haven’t visited, that will also help you build your case. It is worth making sure your case stands up to any other schools the LA may put on the table at the last moment.