Do I need a solicitor?

[OxyMoron]

So ... Long story short.

DD2 is due to start school in september but needs full time support to deal with her medical condition. School applied for statutory assessment with the aim of getting a statement and/or funding to match the 15 hrs per week that they can provide.

They have dealt with statements for medical needs before and were utterly confident they'd get the funding they need to support her.

The LA issued a note in lieu of statement and offered no extra funding. There are indications they didn't follow the code of practise during the assessment.

I am trying to find out what's gone on during the assessment, reiterated her need for support (she would not be safe in school unsupported at this point in time: bottom line is without support she can't attend), and lodged an appeal with the tribunal.

All medical & education professionals support her case, and several have written letters to that effect, including the head and the consultant.

Her nurse described the LA's decision as ridiculous and asked me if I had a solicitor.

So, do I need one?!

You don't necessarily need a solicitor to go to tribunal. It depends on the strength of your case which sounds good especially as all professsionals are saying they need additional funding for 1:1 support. if you have pots of money it certainly won't harm your case and will take some pressure off you. I have done two tribunals myself without a solicitor and won both so it isn't a necessity.

Try approaching Ipsea or SOS SEN for some advice. They will be able to tell you honestly what your best next move should be and whether or not you need to take on legal representation at this point.

You should be able to appeal the decision at Tribunal without legal representation.

Having said that, many of us on here have found the LA brings solicitors and barristers to Tribunal to fight the case.

You can ask for a copy of all information that school/LA holds on your child. You'll probaby find that so-called Panel meeting minutes will not be available, but you should be able to see all the reports on which the NIL decision was made.

Does the LA know that you intend to appeal? Sometimes they do reverse their decision without the need for a Tribunal once they realise the parent 'means business'. However that should not stop you lodging your appeal with SENDIST and telling the LA that you have done so.

IPSEA webiste has a lot of information about appealing. A solicitor would lighten your burden (and again show the LA you mean business).

Thank you. I have had some good advice from ipsea, though so far I've talked to the folk on the general help line. I guess the next logical step would be to phone the tribunal line.

LA have told me children with her condition 'don't need full time support' (blanket-policy alert!) And that no child in the county receives that level of adult help.

Tbh I'm hoping it doesn't go all the way to tribunal. I'm just not sure how i feel about doing it all by myself.

If you are eligible for legal aid you can get a Solicitor to do it. Otherwise I would appeal (get IPSEA to check your grounds of appeal before you submit them) and then wait for the LA response before deciding if you need further evidence or advice. I suspect once they know you are to going to back down they will cave in, they probably have a blanket policy to refuse statements unless a parent actually puts an appeal in. My LA refused to assess DS and backed down the day after we registered the appeal.

Crossposted.

Ipsea suggested data protection request for all info relating to dd that was obtained during the statutory assessment. It is suspicious because the school asked them what had gone on to reach that decision and the advice they cited was not advice that had been declared on the NIL or shared with us. They also refused to share written copies of this undeclared evidence.

Yes, I have told LA that appeal has been lodged with tribunal.

What are the costs likely to be for a solicitor? I saw 'education advocacy' recommended here, would they be a good first step?

I suspect once they know you are to going to back down they will cave in

LOL I think Agnes meant not going to back down

Pedant? Moi?

And one more question ... Will any old solicitor do, or do you need to find one specialised in sen/education/disability?

Thanks.

You need an Education Law specialist. General family solicitors will probably know less about SENs that you do

Yes exactly as wet said
We used an advocate here. Was cheaper than lawyer and drafted a really good grounds of appeal