Legal: ABA is not educational provision apparently....

[StarlightMcKenzie]

and as such cannot appear in part 3 according to my LA's solicitor.

Further, section 9 apparently only creates a bias in favour of parental choice where more than one school is under consideration, which it isn't in this case.

Star, I am up to my eyes in Pre-school committee financial stuff tonight, but, I can think of several excerpts of the SEN CoP that refute that argument.

Briefly, I would avoid arguing whether ABA is 'educational'. It doesn't matter and is irrelevant. There are lots of things that are well established as part 2/3 provision, that are NOT educational, ie. Physio, OT, Music Therapy, Hydrotherapy, etc.

Your argument needs to focus on what IS in the SEN CoP, not what isn't. The SEN CoP says, among other things, that in order to secure adequate progress, a school may have to do things which are additional or different to the standard provision. It's up to you whether you argue that it's additional or different.

I'll come back to you later...probably tomorrow realistically.

Well ds' school file is 'missing' so can't pick holes in it.

Suspect it is the solicitor's office being reconstructed.

Pip is right - you are arguing simply that ABA is the most suitable way to DELIVER the national curriculum to your DS, given his particular special educational needs. Other methods have demonstrably not worked in so delivering the NC.

No Pipin I don't have representation. People who have half an idea what they are doing suggest I try to do it unrepresented for two reasons. 1) The LA's solicitor is a bully and will be shown to be better against a parent and 2) If we win we'll need legal help to challenge their dubious appeal and subsequent non-compliance with the statement.

ALthough I have had some good advice along the way. Mentioning my LA's name seems to bring out people's hearts!

Thank you Electra I've found someone who has the case law.

It says ABA 'should' be in part 3 and 'can' be in part 4.

sickof Most of the evidence of lack of progress is in ds' school file which has gone missing.

I am expecting it to suddenly be 'found' very very late and choice documents submitted to tribunal as late evidence with us not being able to build it into our case.

Star I think you should go unrepresented
The tribunal will then stop this man asking half his questions and bullying you (if you get a half way decent one this time)
He WILL have the Panel's back up before he even gets in the room because of all the time THEY have to waste wading through his stupid smoke and mirrors arguments.

Would be interested in the case law if you can email it to me

You could make an application to Tribunal under request for changes form for the school file to be disclosed by a certain date and then if its not disclosed by then 1. they will have to explain to the judge why it was lost / suddenly found. 2. a Judge is less likely to let it in late. 3. You can claim wasted costs.

Pipin, the LA won't meet with me. They say they will not agree anything that I want without a tribnal ruling. They have targets and promotions that rest on those targets being met (I think).

I sincerely doubt that they are playing all their cards right now but I can't really see what others there are TO play. Last time the solicitor (yes it was the same one) came up with all these random other laws that have nothing to do with education but are worded in a way that can possibly be extrapolated to cover the case. The tribunal weren't impressed with that but remember, we lost.

Thank you Agnes and all of your for your support. I honestly don't know what I would do without you lot. I know it is a public forum and some of this could and maybe being seen by people I wouldn't want, but honestly it is worth it to just not feel so alone and scared.

You lot can rationalise anything

Agnes Wandsworth
v Keefe

I don't have it yet, but will forward it to you.

btw how did it go?

I am pretty sure you took contemporaneous notes of all your DS's lack of progress under non-ABA - you talked about it one here I remember. You don't need their school file a s your word is as good as theirs

Oh yes. I do have reams of notes and charts with regards to deterioration in behaviour, compliance, toileting and stimming, and I suppose I also have reams of evidence of ability before he went to nursery so if they say that he has done well, I can show well he hasn't done anything except stay where he was.

AR next week
Reports in and nothing for them to get their teeth into so thats good
Not that having no evidence stopped them last time.
suspect they will be putting the pressure on school to step up / step in
Thats an unknown quantity - gushy eager to please SENCO = poss bad news for us.

Apologies for missing prior info - I don'tknow of any mainstream school who would provide such therapies unless it was within their own good will. Special schools tend to follow their own philosophies so would also do their own thing. I am not saying they are both right, just that they would not adapt for a ( in bold) child.

One link Here "The Tribunal is rarely interested in an argument about whether or not in principle ABA is successful: merely whether or not it works for this particular child."