What if an LEA argues that it was all just a mistake?

[willowthecat]

Very briefly - ds1 has a Co ordinated Support Plan (not exactly the same as a Statement but closest Scottish equivalent.). CSP states very clearly that x therapy should be provided ( I don't want to give too many details) but this has never happened and it is there in black and white that it never happened. The LEA say that it was a mistake to put the therapy in. Tribunal looming to resolve this - Have cases like this happened with the English system ?

Write down the answers to the following:-

What was the intended outcome of the therapy?
Did the child achieve the intended outcome?

    If yes - was it achieved via a different route?
    If NOT (more likely) how does the LA intend to address this?

Start by asking yourself why the therapy was needed and then break it down from there. It's the first question the Tribunal will ask - being outsiders to your child's case. It's also the question that the LA will seek to obscure and confuse on to avoid taking liability iykwim. The clearer you are on the above questions the stronger your case will be.

Anything in the statement usually has to be based on evidence - usually a recommendation in a report eg SLT, EP etc so I would go back to the reports which accompanied the assessment
If there is evidence for it being there then clearly its not a mistake
However Tribunals tend to want to look at the situation at the time of the hearing not look back so will also need evidence that whatever it is is still needed - which may mean a report recommending a continuing / future need for it