Preparing for LA tribunal

[Claw3]

Hi everyone, i would appreciate any advice on how to prepare for the LA Tribunal.

Tribunal is going ahead and school are not backing me, both school and LA are stating that ds's needs can be meet with school budget.

My arguement is that ds hasnt met a single IEP target or SALT target in 3 years.

Hi Claw, long time no see! Posting under a different name but we met at BIBIC.

Have you got independent reports? Is this for a SA? Have you read the IPSEA guide (I'm sure you have)?

PM me if you want to discuss. I am happy to send you a copy of my SA application which set out some of the legal points.

If it is an appeal against a SA, you're going to have to concentrate on the nature of the needs which require support above and beyond the school budget. So, if no S&LT progress has been made, is that because 'in house' provision has not been effective and he needs direct S&LT?

Anyway, I'm not sure what stage you are at with evidence gathering and what the provision your DS currently has but I'm sure we can all help!

Independent SALT and EP reports are a must.

Hi there,

I have 3 independent reports, EP, OT and SALT. This tribunal is for LA refusal to issue a statement and have issued a NIL instead.

LA's own EP and SALT advice which they sought recommended one to one support in the classroom (obviously it didnt say just how much support!)

SENCO will be appearing as a witness for the LA.

School have stated:-

TA and class teacher both assisst, but some increased support is possible.

SALT 1:1 with a TA 3 times a week.

Social skills group 2 times a week.

2 x weekly small group to develop his fine and gross motor skills.

TA support in PE to help him explore different movements etc.

Ds sits near to a laptop to help with his tracking difficulties.

School are trying very hard to meet his needs, but are falling short of the recommendations. For example EP states that ds NEEDS his own laptop, school are sitting him close to a laptop.

OT is recommending direct input from a trained OT, school are giving him small group work etc, etc.

Sorry should also add that Tribunal is tomorrow!!

I am now in a panic, as school as previously stated they would support me and only just found out on Friday that they are now a witness for the LA and are now stating they can provide from their own budget.

Bit of a dirty trick, i think. I am now having to rethink my angle on this.

That photo of your ds, the one with the scratches of self-harm to his face. Print it out and take it in a frame. Lots of parents take pictures of their children, but that one will illustrate your point perfectly.

I can't imagine you not winning tbh, but panels are odd things and there are no guarantees.

And Claw, tell the tribunal that the school were supportive of you until yesterday.

You can do this. Really. Take us all as imaginary friends, sitting there next to you, because I will be.

The very best of luck.

One thing though. Don't be nervous, this is not your last chance for your ds however it feels. It is just a bloody circus and you're act one.

Hi Star, good idea, printing it now.

I thought i was prepared for this, school's change of heart has left me in a panic now and im now having to rethink this, although it is now too late to submit anything.

Make sure that you are clear that it isn't evidence. It is just so that the tribunal can put a face to the child they are discussing. This is allowed. Evidence is not.

You can however, talk about his self-harm to his face and point to it absent-mindedly.....

Oh and one last thing. Make sure you are not especially asking for provision. You don't need to PROVE he needs specified 1:1, you have to demonstrate that he just well might, and that further investigation and assessment is merited.

Hi Star, pictures are included as evidence anyhow, but only black and white photocopies, which tend to make it look not so bad. A colour version looks horrendous.

Pipinjo, i felt prepared, now i feel totally unprepared! Unfortunately i couldnt afford for EP, OT and SALT to attend Tribunal. DH and i split up and finances took a nose dive im afraid, so im there alone tomorrow, no witnesses (other than you guys of course who will be there with me in spirit!)

The school changing their minds has really thrown me.

During Tribunal do i focus on what help school has in place vs what help professionals are saying he needs?

What is my focus?

You're focus is that there is a difference between what two sets of professionals report he needs and that merits further investigation in terms of a statutory assessment. You are not asking for a statement. You are asking for a proper evaluation of his needs given that the school are unable to set appropriate IEP targets and appear to be confused as to whether they agree with you or not given that two days ago they were fully supportive and now aren't. This ambiguity in itself leads you to have no faith in their ability to meet his needs if they can't even make up their mind which side they are o.

It is very confusiing for you. Regardless, your ds is self-harming and is not making progress and the LA are using this tribunal and the expense of it to bully you, and, it would seem, the school.

Be prepared also, for them to interpret your ds' lack of progress and self-harm as being down to your relationship break up.

Sorry to be so blunt here but make sure that you aren't defensive about this if it comes up. Explain to the panel that this is just a further example of their bullying and ds' father continues to have a loving and supportive relationship with his children.

Star, he has had a statutory assessment and a NIL has been issued.

My focus was that the NIL fails to identify all of ds's difficulties, lacking in detail etc, etc, this was the basis of my appeal.

Now school are saying after receiving copies of my independent reports, that they can provide from their budget.

Should my focus remain than a NIL is inadequate or that the help that school is offering is not what has been recommended?

Self harming behaviour was present ages before we broke up and CAMHS wrote to the LA stating that ds's self harming behaviour was due to his confusion about social interactions etc, etc

Sorry, I misundersood.

A NIL is inadequate/inappropriate BECAUSE the help that school is offering is not what has been recommended, so they are clearly unable to meet those recommendations out of their own resources and provision.

Would you mind helping me make sense of this?

Help recommended by independent experts:-

EP:-

Differentiated curriculum in line with SALT and OT advice etc, etc.

Personal workstation

Supported in class by appropriately trained LSA for literacy, numeracy and science for hours a day.

Social skills training twice a week in group of no more than 5 children.

Laptop to be fitted with appropriate software etc.

Various other help.

She then goes on to point out how the NIL is inadequate and that due to the complexity of his needs he needs the protection of a statement etc.

SALT;-

A high level of individual support within the classroom to address language processing, promote social interaction etc, etc

Social skills small group, no more than 4 pupils designed and monitored by SALT.

Blocks of SALT delivered by SALT and observed by TA for 6 weeks per term, for 30 mins sessions.

A SALT programme that is designed by a SALT to be delivered by a TA 3 times per week.

Various other help such as SALT being present at IEP meetings etc, etc.

OT

Requires input from an experienced OT.

OT sessions must be provided by an OT on a fortnightly basis for 45 minutes each. Sessions should be on a one to one basis etc, etc.

OT to observe ds in classroom on a termly basis.

A programme for daily integration of movement breaks and sensory management should be implemented within the classroom and provided to staff. Staff should be trained by OT to implement a sensory diet.

various other help.

(sorry that was long)

School are saying "on the whole ds's needs are already being met and many of the recommendations are already in place"

He receives:-

Ds already receives help from class teacher or TA

Ds already receives social skill in a small group and TA delivers SALT 1:1 3 times a week.

Regarding the 6 half hour therapy sessions per term, this might be able to be arranged.

OT would depend on staffing at the local hospital and even with a statement it would depend on their staffing, but we would be happy to take on and work with an OT.

Your last post sums it pretty well Star, you have put into a sentence what i couldnt do after hours of thinking about it!

Thanks, im sure they do this on purpose.

Good Luck Claw so sorry to her what you have been through x

Thanks Wasup x

Claw, the school's response is so very inadequate, they may actually be secretly on your side iykwim. If they had itemised your EP and SALT's points to refute them, or said that each and every one was met, you might have a problem. Plus, them saying that OT depends on NHS resources, they've gone a long way to hint that it needs to go in part 3.

Schools don't have much choice in agreeing to toe the LA line. But they can turn up and while 'saying' they can meet the needs, they can make sure that everything else about their presentation shouts the opposite. To me it sounds like they have been forced to switch sides at the last minute and aren't too pleased about it. Which means they'll be rubbish tomorrow

In previously letters they have tried to reassure me that they are doing their best to meet ds's needs and in the same letter telling me they would "support my decision for a statement" and i thought the same thing, they were speaking in code!!

Now I dont think they are secretly supporting me, their response was too late for it be included in evidence for starters. SENCO then goes on to say that i requested that ds not be included in lunchtime club anymore, thus removing hours of support which i am fighting to have acknowledged and provided for through a statement!!

I asked for him to be removed after weeks of ds begging me not to make him go. Lunch club is for children with SEN and spent away from other children, in the nursery (ds is year 2) and ds had been teased by other chidren about him spending time in the nursery and being a baby.

Claw You would have got there too. It is so easy for me to do this because I'm not in the emotional place that you are, but tomorrow, the adrenaline and performance will kick in and you'll have clarity of thought and be great.

'OT would depend on staffing at the local hospital and even with a statement it would depend on their staffing, but we would be happy to take on and work with an OT'

This, from the school is like stating the bleeding obvious, that he needs a statment. Just because the school have switched sides officially doesn't mean they are against you.

And the rest:

'Ds already receives help from class teacher or TA' - wooly, what help exactly, when does it happen, when does it need to happen?

'Ds already receives social skill in a small group and TA delivers SALT 1:1 3 times a week.'

How do they know that the social skills sessions is having an impact? Is the TA qualitifed to deliver SALT? Where does she go when she gets stuck?

'Regarding the 6 half hour therapy sessions per term, this might be able to be arranged'

Might? Will it, and if so when and how and for how long etc etc.?