decision not to amend a statement and going to tribunal

[theladyrainy]

If we decide to go to tribunal because the LA don't want to amend my ds's statement after annual review what exactly happens?
Do we have to pay for a solicitor for example?

This is what happened to me. I commissioned privately a OT report and SALT report and also had the school write down in a statement if they agreed my amendments (in our case resourced support for breaktimes) with their justifications.
They still didnt change it at panel.
Panel is just used as a delaying tactic.

I then went to a solicitors and appealed within the 8 weeks of my final statement.Tribunal set for Feb. Surprise surprise LA now are listening.

thanks - was it very expensive to go through the solicitors?

You're not obliged to pay for anything. If you already have good reports that have been ignored you can use those, and if you feel capable, you can represent yourself - not advisable with certain LAs, as some will take it all the way and try to intimidate you in there, whilst others just use it to buy time and save money on provision, in the meantime.

I've only just lodged my appeal, so don't have any dates set. The report from the LA ed psych is a good one and she agrees with us about DS1's needs. We've never got anywhere with NHS OT, so I commissioned a private OT report. I'm challenging the whole statement, as it's ancient and based on some evidence from as far back as when DS1 was in nursery. He's in year 5.

Private reports tend to be £500-1000 but professional witnesses and legal representation costs several thousand - more if it's spun out over a second day.

Have a look at the IPSEA and SOS SEN websites for information about tribunal appeals. Also SOS sometimes run workshops on how to do tribunal appeals.

Tribunal should be do-able without legal support, but it is worth the money to get good reports put in place if you can. Look at what your biggest needs are that are lacking in the statement and approach independent professionals to see your child and write an in depth report.

Remember that you will be trying to prove the needs of the child are not being met adequately, it isn't a mud slinging match about how the school or LA are not doing what they are supposed to, however it never harms to have the evidence there that the system is letting your child down despite your requests for things to be done properly. Include emails and correspondence with the evidence you submit but don't make it the focus.

Thanks. We have good reports and also the support of the school.
We aren't asking for extra support - we want them to change the actual wording of the statement itself due to new reports/dx's.
LA wouldn't change it after annual review (not that they actually attended mind you...)

SOSSEN have a really good guide for how you would go about appealing each part of the statement:
www.sossen.org.uk/reports/Reasons_for_appeal.pdf

sorry www.sossen.org.uk/reports/Reasons_for_appeal.pdf

thankyou
I need to get my head down and start sorting this at the weekend