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Advice please - what do I do, LEA and parental preference

6 replies

richmond44 · 31/07/2012 20:25

After some advice/views please. DS recently statemented and had an independent out of borough special nursary in part 4 of statement for september when he will be reception age. That school has closed down so we put forward another independent out of borough school (ABA one) for our preference with reasons why it was appropriate for DS's needs. The LEA have rejected this and put forward a proposal - full time 1.1 at his present prep which they will fund and pay his school fees and will arrange advice from the local ASD outreach teacher attached to the ASD unit (who rejected DS some months ago as they said they could not meet his needs). Surely its wrong to expect a prep school to take on a child who a specialist ADS unit will not take on? LEA say its just a proposal and if the prep school do not accept DS then they will look at it again. Prep school lovely but have already said cannot meet his needs in the long term and its just not suitable for a NV asd child and he has been there since before he was diagnosed and has not progressed. Do I need to take advice and if so where do I go as everything seems to be shut for the holidays. I need to go back to LEA for next panel meeting in 2 weeks.
Thanks

OP posts:
bialystockandbloom · 31/07/2012 20:55

You can lodge an appeal to tribunal against Part 4, asking for the ABA school to be named, if that's the one you want. The LEA are just trying their luck, probably, hoping that you won't appeal.

You will need evidence to have a chance of winning this, as LEAs are notoriously anti-ABA (though SW London by reputation is more sympathetic). Evidence would be:

  • School the LA are naming cannot meet his needs (it sounds like you have this evidence already which is great, you just need to get the prep school to write this in a report)
  • Evidence that ABA is most efficient, effective and appropriate education for him - presumably you're doing ABA for him? You need reports from your consultant/provider etc (though bear in mind that if they do reports from VB MAPP this might not be recognised by tribunal).
  • Report from Ed Psych backing up this view (if you want name of pro-ABA EP let me know).
  • Ditto SALT report

The fact that the LEA are offering to pay school fees is positive, as it means they can't really argue against ABA school on cost alone as the fees will probably be comparable. So they'd have to argue that ABA is inappropriate/ineffective form of education - which is very hard for them to do especially if ds has made proven progress through ABA so far.

Surely its wrong to expect a prep school to take on a child who a specialist ADS unit will not take on?

Yes of course that is the case, and they have made themselves look like fools for suggesting it!

They might just be objecting over the fact the ABA school is out of borough - but if you can overcome any difficulties there (eg offer to pay for transport) they should easily back down.

An alternative would be having ABA support in a mainstream state school - again, the costs would be comparable to ss/ABA school.

Try this advocacy organisation, they took on our case for much less than a lawyer, and won.

Also worth registering on ABA Yahoo group and asking there. This is the main battle that ABA-parents go through so there is seasoned advice on the yahoo board as well as this one!

bialystockandbloom · 31/07/2012 20:57

Oh, and you don't have to send him to school until the term after he's 5, so if it's not sorted by September don't worry too much!

And I meant to say, you don't have to submit an appeal right now - meet with them first and set out your argument. If they refuse to budge, then you can appeal, but meet them first.

richmond44 · 31/07/2012 21:12

Thanks bialystockandbloom thats really helpful.

OP posts:
richmond44 · 01/08/2012 11:04

bialystockandbloom I have sent you a pm re the EP you mention.

OP posts:
richmond44 · 20/08/2012 16:05

Just an update - have been advised today that the LEA has agreed to fund the out of borough ABA school so very pleased. I really thought I would have to lodge an appeal and get the EP report but in the end I think they realised that staying at his prep school was not a realistic proposal and there was nothing else suitable in borough.

OP posts:
StarlightMcKenzie · 20/08/2012 16:52

nah, - they probably have stupid targets revolving around the ability to report a reduction in ABA provision, so are happy to spend twice as much funding anything at all provided it isn't ABA.

That is why they were probably okay with your other school but not this, although they obviously had no case for a tribunal so gave in when you insisted.

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