Tribunal looming

[theDudesmummy]

Hi all, not on MN much lately as lots on our plate, but the Dude is getting on with school in the morning and ABA at home in the afternoon. I am relatively happy with how things are going with all that although it is early days with this whole new timetable and the TA is really rather out of her depth (no ASD or ABA experience at all).

But...we are still marching towards Tribunal next month, and it is taking so much time and energy, I am really resentful towards the LEA for putting us through this, when they could just avoid it. They put the VB programme, and 1 to 1 at nursery, in the original statement in March (although never gave us any money for it) , but now they are backtracking and saying the school can meet all his needs and he does not need the home programme....so on we fight, paying for it all the time).

I have expert reports etc, they have nothing as far as I can see (have not got their EP to assess him or anything, so no idea what evidence they are planning to put before the Tribunal: I have video evidence, expert reports, my statement, literature reviews, and Fiona Slomovic. They have....well, nothing actually. What a waste of time energy and money!).

Anyone else have any experience if having a statement which specified various provisions and yet just carried on paying for it all themselves as the LEA just ignored it?

Yes. Story of my life for the last three years:

Fight to get stuff in statement
Watch LA breach statement
Pay for provision myself to avoid watching my child fail
Complain about it
Have LA lie
Threaten judicial review
Have LA lie
Watch DS's childhood drift past blighted by this crap

It doesn't seem to matter if they don't have evidence, or file it late, there is always an assumption of benevolence and some excuse from LAs. They will cobble together something last minute or just turn up and make you pay for your experts.

Ever month of delay is a month's money saved. They are the winners in the end and they know it.

Have you spoken to lawyers about a JR?

There is a real lethargy in the system and very little pro-activity. All parties just encourage parents to sit and wait for Tribunal. But Tribunal is a lottery.

It really annoys me.

I have just received an email from FS: they have made an financial offer, which leaves the ABA programme out entirely (despite it being in the statement). Well, she says we are going to tribunal so here we go...

Where would a JR fit in? After the tribunal if it does not go as we wish?

There is a real lethargy in the system and very little pro-activity. All parties just encourage parents to sit and wait for Tribunal. But Tribunal is a lottery.

inappropriatelyemployed is so right and it makes me so

Ds' school was not providing his statement support so I contacted my advocate, a well known firm of educational solicitors and two charities, who all told me to appeal as I will end up with a "better" statement. They didn't seem interested in looking at JR

A better statement might be all very well but if they don't provide what is on it is it worth it?!

The lethargy of the system annoys and irritates the hell out of me.

And yes, even if it's in the statement it doesn't get implemented.

All the best dude's mum. Like I said to you earlier, they wrote vb/ABA in the statement by mistake in my opinion and now they are regretting it.

The LEA EPs make my blood boil. They are such non committal species, changing their own opinions everytime you meet them. Mine told me yesterday that at the tribunal I should not take it personally when she gives evidence. Well of course I will take it personally. I have no interest in talking to her. She went on to say that agency staff that the nursery uses are well trained in 1-1 support. Yes, they are trained in changing nappies, not trained in getting mine out of hers. I told her she will be facing David urani and some of the best city professionals at tribunal. And that it's not personal. Rant over!

Also dude's mum - yes we will pay for the provision if the school can't provide for it. But I will fight it out too. Go girl!

My DS has not even been assessed by an EP at the LEA (David Urani has done our assessment, I would be interested to know what they are going to counter it with since they have done no assessments of their own of any kind).

It may bode well that the LA have opened negotiations before the hearing date and that they have not done their own assessments.

I went to tribunal in May. The LA had carried out their own assessments but they agreed with independent reports and the LA had nothing. I heard nothing from them before the hearing. I had FS representing, the head of the indi I had named, Margo Sharp and Ruth Birnbaum. The LA didn't even provide the WD (on paper not electronic) until the morning of the hearing. After delay with the WD we did not get started until gone 11 am. The LA conceded at lunchtime before any of my witnesses has spoken. The witness were looking forward to tearing the LA so-called experts apart. The LA first offered in county indi ss, then in county indi m/s with a unit and then named parental preference.

I lost my application for costs and so the day cost nearly 5K. The LA said that parental verbal evidence had been persuasive - all previously provided in writing - and that the parents had refused to engage with the LA named school (only named following tribunal order two weeks or so before final evidence deadline) which had been visited 4 times by parents and indi OT and indi EP. The tribunal just accept any old crap from the LA.

There are supposed to be tribunal staff that check that the case is ready for tribunal - maybe that is why you have heard now.