Help going to Tribunal for statement

[nickminiink]

Hi, I am hoping someone can help or offer some advice on the above. We applied for Satutory Assessment mid last year which was initally refused so we appealed and before it got to a Tribunal the LEA did a U turn and agreed to assess (great news), however Nov 2011 we were were refused a statement and received a notice in lieu. We applied for the statement as my 11 year old son who has been on SA+ since he started school was not not making adequate academic progress and was in some areas 3-4 years behind his peers but not in all subjects and we feel with the current provisions in place he simply was not making enough progress. Also the provisions offered ie 1:1 10mins x 2 times a week did not always take place due to staffing issues etc. He has no official DX only that of Dyslexia late last year, he has speech and language delay (immature speech / does not comprehend and hold conversations, poor memory and word finding skills), we pursued APD at GOSH but was told he has triats and not a full DX. We are appealing this decission of no statement and a tribunal date of 15/06/2012 has been set, the LEA confirmed last week they will go to the tribunal (I was hoping for another U turn) and defend their decission. So now they have called my bluff I have no idea where to go from here, I have no witness's, I can not afford a solicitor so doing it alone. I do not know what angle to go in at, all I know is my son is suffering at school, he struggle's big time with homework and I am sure his forth coming SATS will show how bad he is performing at school. I am an engineer by trade not a teacher, I do not work for the LEA so have no idea how to challenge them over this. I received in the post yesterday the LEA's reasoning and back up evidence to show that my son's current provision under SA+ is more than enough to help him without the need for a statement. One of the classic lines was "He does not need a statement as he is not acedemically behind in all subjects", however his school reports all state from 5 years old that he below the expected levels etc etc.
I would appreciate any help or a rough guideline where I need to go from here.
Thanks
Nick

Ok you still have some time as this is not taking place until mid June.

Which county is this LEA in; I only ask as others may have experience of this county and how the LEAs operate within it.

IPSEA www.ipsea.org.uk may be able to help you with regards to Tribunal; they operate a separate tribunal helpline. IPSEA's website also I believe has information on it re tribunals.

You need outside independent advice from one of the charities like ACE, IPSEA, SOSSEN etc.

You need to prove he is not receiving an adequate education. Gather written records of EVERYTHING (including any GP's visits).

Is his note in lieu being implemented? What support does it list? Is it enough for year 7 and secondary transition. What additional support would you like him to receive?

For instance if he is behind in English and has dyslexia what specific interventions have the school adopted? Have they used any recognised interventions such as reading recovery or toe to toe. What impact have those interventions had, and what additional help is required.

How does his lack of support impact his social development. What changes have the school made to accomodate and tecah him coping strategies for the APD trait?

Once you've written down the answers to those questions to your own satisfaction ring IPSEA (after 7 is the only time you'll get through). Have a copy of the note in lieu to hand. www.ipsea.org.uk/

Spend as much time as you can studying the IPSEA case law examples in case you fnd anything comparable to your own case.

First of it is not just about academic need. It is about communication and other needs as well.

Photocopy your reports/scan them into your computer.
In a green highlighter pen highlight your sons needs.
In a pink highlighter pen highlight the provision for these needs.
Go through your note in lieu and check each need is met by it.

Type out the needs and the provision along with the time, date and page number of which report it is on.

You can send this to the tribunal as evidence of what needs are not being met and why your son needs a statement.

If you need more evidence write to the professionals and ask them to write specific and quantified advice for part 2 and 3 of a statement.
Also if any of them have been particulary good ask them to come to tribunal as a witness.
If they refuse are busy ....keep records of this request and send it to tribunal with a request that they order the witness to attend.

The tribunal is fine and therotically they are their to support you as best they can.

The crucial thing is to get the reports to be clear about what your child needs are and what is required to support him.

Keep a copy of everything you send to the LA and tribunal as well - get some box files.

I would start by getting all reports from school etc which show the levels he has achieved for past three years. Look carefully at them and work out how much progress he has made each year. If his profile is uneven maybe look at his performance in core subjects like maths english and science. If it says a b and c next to his levels these are sub levels with 1a being highest and 1c being only just at that level. Expected progress is two sub levels progress each year. You need to see if he has made any progress even if he is behind. I did a tribunal for my ds and dd without a solicitor so don't panic. I would however recommend asking IPSEA (they offer support and advice on going to tribunal- can be difficult to get hold of but can also be very helpful) if they can support you and help you with your case. If you can afford any independent reports, this might also help, but it might not be necessary. Have you any reports from GOSH with recommendations or descriptions of your ds need? You say your ds has speech problems do you have any NHS reports about this with any recommendations? Have the recommendations been put into place at school?

I second calling IPSEA about this - they are really helpful. We are in the same situation going to tribunal in July to appeal a NIL too. I am not getting a solicitor but will fight the case myself. I have all the professional reports and a copy of the SEN code of conduct to hand. I have been through all the reports and picked out all the parts that highlight the difficulties DD has and then looked at the suggested help that is needed for these. I have pulled the NIL apart and am arguing that what is suggested in there is firstly unclear (ie no time/frequency etc suggested) and if it were to be put in place properly would require far more time and commitment from someone than is possible at SA+. I am also arguing that the panel have ignored much of the advice given in some of the reports too (including a private speech report we had). I have since the SA had a private EP report which will add weight to my case too and would be money well spent if you can stretch to it. Good luck

Are you near London? If so, try calling SOS!SEN as they sometimes run workshops on how to prepare for tribunal. They will also help with advice on which expert reports will be most useful.

IPSEA's tribunal helpline - they might be able to get you a representative for the hearing. The legal representative will also argue your case with the LA.

Thank you for all of your replies, some very useful information and you have given me some direction, whereas before I felt I was running around in circles. The only problem is I work a very stressful job, long hours and I do alot of the ringing around at work which is now starting to affect my work, so I struggle to see where the time is going to come from to prepare in time, hey ho shouldn't moan everyone is in this situation, so I applaude every one of you for going through this as I realise how hard it is just to ensure your son / daughter gets the help and education they deserve especially as they have to work twice as hard as their peers without difficulties.

What I find hard to comprehend is in the NIL and all the other reports from SEN, ED Phys, S&L etc they all state great provisions / preventions / strategies to help my son but when I ask my son if he is receiving these he shruggs his shoulders and say's no (take a while for him to comprehend what I am asking, which is frustrating). The school does do group sessions with other children with learning difficulties, I know this but the classroom stuff and 1:1 isn't enough for him. I guess I need to do more investiagation but how do I do this, how do I challenge if what is being said is being done, do I have to sit in the classroom with him as like I said my son is not the greatest as explaining and communicating. Just feel at this stage I am going to embarrass myself as I won't be prepared in time.
Ok off to ring IPSEA / SOS-SEN.
Thanks again
Nick

Had good advice here. Are you perhaps eligible for legal aid? Look at legal aid calculator on legal aid website (you put in your income and capital including any equity in home) and it will work out if you are eligible. If you are eligible you can instruct a solicitor to do the work for you.

Will the school support you / be a witness?

Does anyone else work with him eg a support worker, youth worker etc who could be a witness on level of difficulties?

If not eligible for legal aid can you afford an advocate eg we used this one. You could pay an advocate to do the work up to tribunal and do the hearing yourself - this one is good at negotiating so would be reasonable chance not go to tribunal.

Many LAs do bluff up to the last minute - many many appeals are withdrawn / settled at the last minute.

Thanks AgnesDiPesto, I will look into legal aid. Unfortunately the school is the LEA'S witness along with the Ed Phys. Our son attends a private SEN group session once a week after school funded by ourselves but his teacher has trouble getting around due to disabilities and she's a retired elderly SEN teacher so declined on these grounds, she is going to write a report though. So no further witness's to call, so going it alone, let's help they do withdraw and settle.
Thanks

You will want to show that there has been inadequacy of progress.

Do you have copies of all your son's IEPs and other school records.

Will you be doing a request for all documents, emails, notes of meetings etc from the school under the Education (School Records) Regulation? see here?

You can also request your son's file under the Data Protection Act from the LA so you know if there have been meetings, discussions about your child etc.

Thanks tryingtokeepintune, yes I do have a copy of my son's IEP's and it's only been recent that his school have bothered to make comments on them, probably since the time I have been taking up my son's case with his school so approx 18 months. The IEP's before this which go back to reception there has been no comments or meeting held with us, hoping this may help us due to lack of support etc etc.
No I never knew I could request all documents etc, wow this is a mine field. Do I apply to the LEA for my son's file, can you advise - thanks ? guess this will show them I mean business.
Thanks
Nick

Yes, you write to the CEO of your County Council and ask that s/he provides you with all document relating to your son xxx d.o.b. xxx. By all documents, I understand ALL: letters concerning him both received and sent, emails, internal memos, records of telephone conversations,. I wish to receive everything concerning my child.

There is a standard fee of £10 payable (I think it is still £10). You should enclose that cheque with your request as that is when the statutory time then starts running.

You can then use that to compare with the file you receive from the school.

You might find some interesting letters/emails missing etc.

Good luck.

Forgot to say you will be making a Subject Access Request under the Data Protection Act.