Tribunal

[nennypops]

I'm currently doing a tribunal appeal where we're aiming to get DS1 (high functioning ASD, acute anxiety, sensory problems) into an independent specialist school. When we started, the council was saying he would be fine in the mainstream, which was ridiculous as it was absolutely disastrous, his anxiety levels went through the roof and he was completely unable to cope - he's been out of school for months. They've now changed their minds and are saying he should go to a special school which claims to provide for virtually every SN going, and they say that would be cheaper. However, they've never said what the costs would be. When the appeal was registered the tribunal sent out a letter which said that each of us must file details of the costs of the schools we wanted. The response which the council's solicitor filed said that the details would be supplied later, but they still haven't given them even though we've just had the last date for giving evidence. Can I get the tribunal to make them do it? How do I go about it?

hi we are exactly in the same position - my deadline for final evidence is tomorrow and im not sure what im expectimg from the LA. my son has been part time for months due to his anxiety - this week he has been too anxious to attend at all. email the sen case worker as she hasnt repleied to my email from dec and clearly the response was written by their solicitor but at the ned she wish my son a swift recovery - hes out of school cos of anxiety - he hasnt got a cold - 7 months hes been out of school now!!

anyway, i would be inclined to have a little word with teh tribunal people tomorrow to see what they suggest and then if necessary file out the form and ask the tribunal to order they answer the question / costs. ive applied for 3 orders so far and they have ruled in my favour each time so it is a good thing to use plus if they see you have had to ask for an order it surely cannot look good on the LA/ depending on my response tomorrow, we could be applying together! what date is your tribunal?

Hmmm. If it is their own specialist school they could argue nil costs (except transport) as the places are already there allocated and paid for and presumably he would not be being admitted over numbers.

But yes, they should provide these numbers, I think the tribunal can force it.

bjkmummy, is that the request for changes form?

New govt funding changes come in in April which means they cannot say nil costs post april 2013 - every SS placement will have minimum £10k cost - and in many cases will be higher - been previous threads on here about funding changes

If they are in breach of an existing order for the info then the tribunal should do something of its own accord once you tell them. If you have no existing order then you ask for the tribunal to order the info on the request for changes form

In theory a tribunal can stop the LA taking part in the appeal but thats unlikely just for costs info - bk you could ask tribunal for order that LA cannot take any further part in tribunal as not served any evidence - the tribunal rules are on SEND website - the tribunal may bar them or make an unless order 'unless you serve x info within 7 days you will be barred from taking any further part in proceedings' - which means tribunal would go ahead but panel would only look at your evidence bk.

You can find out rough costs for schools by looking up 'section 251 budget' (also called section 52 - not sure when law changed) on your council website. The council must publish its budget for school costs and it should have per pupil cost set out

Due to the funding changes many LAs have published info on how each school will be affected by the changes try looking up 'school forum minutes' on your council website as it will have been an agenda item on most over recent months. Most LAs will also have a report to the Committee which oversees Education setting out the impact of the changes.

If you dig around you will be able to find out ball park figures.

Agnes, that's really interesting, thankyou.

Yes, many thanks, Agnes. The LA's solicitor is a bit peculiar. He tries to come over all friendly but the response he drafted was really trying to intimidate me and imply that we were either exaggerating DS's problems or incompetent parents or both. I was quite put off by the reams of law that he referred to until I looked it up and realised most of it was either obvious or irrelevant.

The school they're opting for now is actually an independent school but its fees are quite low and it still seems to be struggling to fill places. I think the costs will be more than their fees because they haven't got the therapists that DS needs. Off to visit with DS soon.