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Help writing letter to school please

23 replies

claw4 · 11/09/2012 11:42

Just back from looking round ind school, was very impressed and would like this school named in statement. (in the process of appealing refusal to assess)

Next step is for this school to go into ds's school to observe him, then for ds to go to inp school for a 3 day taster session. Then all being well, inp school will write a letter in support of them being able to meet his needs etc, etc. They even said they would come along to Tribunal if i needed them too.

Anyhow they have asked me to write to current school to let them know they will be contacting them with a view to observing ds etc, etc.

What do i write in this letter?

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StarlightMcKenzie · 11/09/2012 11:49

Just tell them that as they know you are giving full consideration to Ds' future school years and are looking into various options, one of which is x school, who woukd like to do an observation of your Ds.

Can't see why they'd object given they are so sure of themselves!

StarlightMcKenzie · 11/09/2012 11:49

Really pleased you have found somewhere that seems viable.

claw4 · 11/09/2012 12:01

Very impressed Star, SALT, OT and psychiatrist on site, classes of about 10, getting smaller as they get older, just for starters. School is actually a lot smaller than i expected, given the age range 5-19. I didnt actually write a list of questions, didnt have time, have been back and forth to hospital all week and my mums op is today. But i have his email and can ask questions later.

Thanks for that Star, will get typing Smile

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StarlightMcKenzie · 11/09/2012 14:23

Thinking of you Claw. Hoping the OP goes well.

claw4 · 11/09/2012 19:46

Thanks Star, its a long old op, 6 hours (wont be finished to gone 9pm tonight), so keeping myself busy looking through LA files!

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StarlightMcKenzie · 11/09/2012 21:18

Hope it's gone well.

claw4 · 11/09/2012 22:00

Op went well Smile visiting tomorrow. thanks

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claw4 · 12/09/2012 11:05

Just had an email from my solicitor regarding this school.

You will have the right to ask for XXXX to be named in the statement (i.e. for the placement to be funded by the LA), but it is very unusual for an LA to name an independent school and we would not expect them to do so in your case. Realistically, your only option (unless, as above, you will fund ds?s place yourself) would be to appeal against the contents of the final statement.

WTF am i paying these people for Sad

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StarlightMcKenzie · 12/09/2012 11:15

??

Not sure I get it. Right. So when I wanted ABA, I applied for a statement. I handed in evidence to support statement request but also ABA ( and for some of this to be at home). I was AIMING for ABA on the grounds that the LA coukd not meet his needs with their own provision. They issued a statement not naming ABA. I appealed.

Is this not the way it is done? Ask your solicitor how anyone gets a place funded at this school you want then.? It isn't a matter of haggling. You don't start at opposite ends and come down in the middle.

StarlightMcKenzie · 12/09/2012 11:19

Put in a FOI request to LA asking for them how many children they fund at Independents, and for a list of those. Claw, I'm sorry to say this but SEN solicitors are still a part of the SEN industry and are usually concerned with off the shelf cases to maximise profits and minimum work. I have found this certainly. I believe AE has been through a number and found the same.

That isn't to say you don't need their headed paper........

StarlightMcKenzie · 12/09/2012 11:20

Actually Claw, pm me your LA and school and I'll do it for you.

claw4 · 12/09/2012 11:37

You know what Star i would have better off, paying you to take on ds's case, seriously!

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claw4 · 12/09/2012 11:41

Also Star my appeal is lodged for Jan, the LA have 30 days in which to respond to this dont they?

If they dont contest my appeal and agree to assess, ds could have a statement by January?

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bialystockandbloom · 12/09/2012 15:37

Sorry if I'm butting into this without knowing all the background, but is the school ms or ss? If it's an independent mainstream, your solicitor probably has a point, sadly.

At this stage, especially when you don't have a statement, it will be damn hard to demonstrate to the LA (or tribunal if you get that far) that an ind ms school is the only school that can meet ds's requirements above any that the LA propose for him. Do you have evidence that could prove this?

I think in your position (if you have the money of course), I'd put him there while you're appealing refusal to assess, then when that bridge has been crossed, then ask for the school to be named in the statement. Whether or not this school is the best one, and while it's great that they'd support you when you come to that hurdle, the first thing is to get agreement for the statement, then you can name it in part 4. By then he'll have been in the school and it will be much easier to argue for him to remain there, esp if the school back you on it.

But anyway I might have the wrong end of the stick here and not know the full story, so do ignore me if that's the case Grin

StarlightMcKenzie · 12/09/2012 15:50

I 'think' that this particular Indi could be considered a specialist placement, even a special school to an extent. If the provision needed to access state mainstream costs enough then this alternative school could be a viable alternative. In addition, recent case law allows parents to meet some of the cost themselves if they want, certainly a settlement could enable this.

I agree, this placement may be difficult to get, but that does depend on the evidence. Additionally, aiming for it now might mean concrete case for next opportunity assuming Claw isn't giving up ever.

But you're right about placing him there. Claw coukd put him in on the basis that she was expecting the LA to grant a statement with this placement named as the only logical solution to the evidence of need. Tribunal panels hate this tactic but it often works nonetheless. In the run up to the tribunal evidence can be gathered to demonstrate the superiority of the placement in terms of meeting need.

StarlightMcKenzie · 12/09/2012 16:39

For example, if the child requires full-time 1:1 in a ms for sensory reasons and communication interpretation, they might not in a smaller classroom with a significant number of similar children with a significantly trained teacher in those particular difficulties.

StarlightMcKenzie · 12/09/2012 16:40

But you don't get these things by simply wanting them badly, or even from being 'right'!

There has to be NO DOUBT that this is the only place where the child's needs will be met.

claw4 · 12/09/2012 20:39

Bialy this school is classed by the school at least as MS.

One example would be ds needs OT input and for OT to train staff, to implement programmes, movement breaks etc, etc. NHS OT has declined on the grounds of being understaffed and only dealing with the most severe children ie children who cannot walk for example. So LA would have to pay for private OT, this school has OT on site.

Another Psychiatrist on site. Ds attended CAMHS for 1:1 therapy for a year and half due to his anxiety and self injury and has just been referred back there. At his current school he was given a 'mentor' an untrained TA. He has just returned to school after GP signed him off due to the extent of his self injury. So their 'anxiety management' is clearly not working.

Placing him there and paying myself was an option i thought about, unfortunately it is costing me and arm and leg for solicitor and i dont think i would be able to do this.

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claw4 · 12/09/2012 20:41

Starlight, i really dont have much choice in this area, its either MS, he has been in two and cannot cope. SS in this area we have two, these are for most severe learning difficulties and severe behavioural difficulties.

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StarlightMcKenzie · 12/09/2012 21:17

Can you get an idea of the profile of the others that have been funded there? What in particular swung it for them?

So you can get the right professional to investigate whether you Ds has those particular needs also.

bialystockandbloom · 12/09/2012 21:21

Yes I see. I think you'd have a good case to argue this is the only appopriate school for him. The solicitor should be more confident! It is not the case that LAs don't ever fund independent schools, though it is a hard fight to win it.

Are you getting OT, psych, EP reports for tribunal? These will be the most important pieces of evidence to back you up. As Star says, you need to show that this is the only suitable place for him.

claw4 · 12/09/2012 21:39

Starlight, the school seemed extremely helpful and knowledgeable about Tribunals etc, etc. Im sure they would be happy to provide me with any info i request and even stated they will write reports and would attend a Tribunal if i needed them too.

I know i havent even got the LA to agree to assess yet, but im confident they will back down. Even though a statement is still a way off, i like to plan ahead!

They have told me the first step will be them observing ds in school and we can take it from there.

Bialy i am quickly learning that Solicitors like to settle outside of Tribunal, not in the childs best interest, but for financial gain. I am paying them a 'capped' fee, so not attending Tribunal is in their best interests.

I want what is best for ds and if it involves me doing a lot of work, im prepared to do it.

Yes i will be getting EP, OT and SALT reports, ds is being referred back to CAMHS who supported my request for a statement last time, although they cannot make education recommendations, it might be a good idea for me to instruct a psych too actually

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claw4 · 12/09/2012 21:43

That is a lie CAMHS did make some educational recommendations such as school give ds targetted work on his social interaction and help him to express his anxieties etc. But they wouldnt comment on what educational setting would best provide this or anything like that.

So yes Psych would be a good idea, thanks Smile

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