Statementing Process - Appeals, Possible Tribunal, Sequence of Events. Need Advice

[Toppy]

We are halfway through the Statementing Process and the proposed Statement was due yesterday (no sign of it yet)

DS is 3.3, ASD (I think the milder end but not HF), has emerging speech. I initiated the Request myself and so far so smooth. DS is in a private specialist nursery miles away and I have been aiming for local maintained ASD special school and LEA know this and are sending proposed Statement to this SS to see if they can meet DS's needs. We are all singing from the same song sheet.

When I saw the SALT input into the Statement during the evidence collection stage I immediately realised the content of the proposed Statement would be weak so hired a private SALT assessment. I have done the same for OT but did not bother with a Private EP as did not believe I would be fighting for the placement (section 4) just the needs and provision (sections 2 & 3 )

Private SALT (who I was v pleased with) shook my world yesterday at assessment when she said she believed DS to have a differential diagnosis of SLi/ASD and she feels that the emphasis should be on the SALT not the ASD as he is easy to transition and seems to have have good cognitive function. She said that to place him in a SS where his peer group are more profoundly autistic rather than in a S&L school who could manage milder autism could have a serious impact on him.
She advised we urgently get a private EP on board to get the school right (is this what EP's do ?).
In my head I was going to get Statementing all wrapped up by summer and now it looks like are are heading in a Tribunal direction (though LEA do not know this yet). This has all really thrown me

Firstly, do I stand a hope in hell of getting my LEA to pay for SS out of borough when they have an ASD SS in borough - is it worth the fight ?

Secondly, what is the best way to win a Tribunal - whose opinions carry the most weight ? Is it the EP or a good lawyer (we have a first meeting with ours next week) or the whole team ?

Thirdly, how does it work when the Statementing Process is stopped in its tracks by the parent changing their mind over the school - is there a new timetable or a specified process that I can refer to ? I've been sat with my CoP timetable in hand all the way through but that only applies if the process runs smoothly with no appeals etc

Very grateful for any advice - I am sure my post is boring and overly detailed but it is causing me the most enormous amount of stress this end. I feel like I am floundering again having got my footing over the last 3 months

Toppy - have to post and run to make lunch, but briefly:

would you be happy with a continuation school form the ASd pre-school your DS is at? would any of them be an option for you transport wise?

what is your LA? (PM me if not happy to say here)

there are a couple of well-thought of S&L schools around about which dd1's papers were sent to (we didn't want her ot go there - she needs more than the S&L school input) - will post more on those later.

what is your area of commute (ideally?) and do you think your LA would award transport without a fight? (is this why they are happy with the local ASD school option, as less cost?)

i am waiting on my ds first SALT before going for a statement he starts mainstream school in sept when he will turn 5, my parentpartnership representative told me LEA do not like to go to tribunal because it costs them to much money as they have to pay for 3 barristers to attend, so usually always give the statement if an appeal goes in, something for u to think about :)

Hi lisa

'my parentpartnership representative told me LEA do not like to go to tribunal because it costs them to much money as they have to pay for 3 barristers to attend'

sorry, but this doesn't make any sense. They don't have to pay for barristers and usually don't. I can't think of a single reason why a LA would pay for 3 of them. The Judge wouldn't even allow it.

Also, I would advise going for a statement right this second if you know you need to do it. Why wait, when the process is at snails pace anyway? Also as soon as you apply, all the EP's and SLTs jump you up their waiting lists.

I would seriously question in who's interest the parent partnership are working where you are.

hi starlight, god u have worried me now!! that is what she told me, we are now hanging back until SALT ass done, and see what they have to say, my ds has had paed report and ed pysch done but now my gp has referred him back to a senior ed pysch wy i do not know, cos i had gone back to the gp for a re-refferel to paed as my HV wants to go for a dx for ds, so wy he has done this i do not know cos it ED pyschs, my HV is on ann leave this week so need to speak to her about where she at with it all, it very confusing!! I get her to reffer ds back to paed

his SALT is on 19th may by the way :)

lisa, I hope you are keeping a very detailed log of who you speak to, when you speak to them. What they promise and what they say, - also what YOU say to them.

Also, if anyone (i.e. HV/SLT) says anything to you that is a promise or sounds a bit dodgy write to them for 'clarification'. Having things in writing is very effective at keeping people on task, and you are collecting evidence too.

Don't be worried, but do be active in getting what you need for your child.

Have a look on the IPSEA website and consider applying for a statutory assessment right now. You'll find those waiting lists become shorter. The SLT will have to complete her report faster etc etc, and you 'may' get something in place by the time your ds starts reception.

yes the first ed pyschs said to hold back for statement as there was not a lot of evidence yet, we have paed report, ed pyschs report and senco report, my pp thought it was enough evidence to start, i also showed her report of things my ds does and also vid footage of him i.e hand flapping, gyrating on the floor rocking his body from side to side and his repetiveness, she thought it was enough evidence, i have just tried ringing her but as usual she not available at the mo, so am waiting for her to call back, the ed pyschs report hadall the traits on it, lack of eye contact,lack of empathy, dosnt like loud noises, repetitive behaviour, handflapping... what much more do they want???