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Do schools routinely refuse visit from independent EP?

25 replies

babiki · 20/05/2014 21:37

MS school that LA named ( and we don't want) is refusing our independent EP to visit...Headteacher said he consulted with legal team (?!) and there is no need, they are mainstream school and function as any other mainstream school. Is this common?

Need to prove at Tribunal they can't meet needs.

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bjkmummy · 20/05/2014 21:42

i don't think it is common as such - but have heard it happen. some LA seem to have a policy not to let them in which I found quite shocking - sos sen I think had something on their website about which LA were doing it.

I would take advice and sos sen maybe the people to contact - I know others in the past have been advised to ask the tribunal to issue an order to allow the EP to assess but it could take a couple of weeks for the order to be gained and not sure how that works timewise for you

babiki · 20/05/2014 21:45

Thanks - I have an advocate so will discuss with her - good idea :)

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nahidontthinkso · 20/05/2014 22:11

Yes ask the tribunal to do an order. And if its getting close to timescale you can ask the tribunal for an extension so that you have time for the assessment to be done. LA asked for an extension during my appeal for a report to be done and they got an extra 4 weeks.

MayTOWIE · 20/05/2014 22:14

Guess which LA....

The "legal team" being the SEN team?

The head's argument is non-nonsensical. As your DC has been placed with them, they will have to make adjustments for him. Therefore they won't be functioning as any other mainstream school!

I would ask the Tribunal to issue an urgent order.

helpme290 · 20/05/2014 22:51

Which La are you? Ours let all our experts in the ms school.

babiki · 20/05/2014 23:08

We are in Essex. Towie - that was first thing I thought about! Thank you, I will sort it out with Tribunal order.

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Icimoi · 20/05/2014 23:48

Could be worth letting the school know that you are applying to the tribunal. Maybe if the head realises she doesn't have the last word on this she will give in rather than wait to be ordered.

Scottishdancer · 21/05/2014 10:59

As you know we are also in Essex, and our Independent EP visited ds school. How will they know what adjustments need to be made for him without expert advice. I would imagine they know they can't meet need, but don't want EP to be able to tell this to tribunal. Who is you advocate?

manishkmehta · 21/05/2014 22:20

This reply has been deleted

Message withdrawn at poster's request.

mmm1 · 24/05/2014 19:13

My county played dirty but did get the independent visit allowed. However I had to ask for paperwork by order on two occasions to prove the school could not provide the correct assistance. So I would have asked for Order for that also. The Orders were very quick and much quicker than the 2 weeks but allow that time just in case. Its very important to get that visit done. My daughter had major speech. communication needs so I got SALT ( not Ed Psych) to visit to prove her sensory issues would be problem and also she would not be able to process sounds properly. Get the most important expert in relation to your childs needs to visit.

Icimoi · 24/05/2014 22:33

To be honest, I wouldn't go to all that trouble, manish. It's much simpler and quicker to apply to the tribunal for an order, telling the school you are doing so. Often schools just don't realise that they can be overridden and tend to change their minds when they realise that being obstinate will get them nowhere.

manishkmehta · 25/05/2014 09:45

This reply has been deleted

Message withdrawn at poster's request.

babiki · 02/06/2014 13:51

Thanks everybody. My advocate spoke to the Headteacher just now and it is the LA solicitor that advised him there is no need to let my edu. psychologist in!

So we have asked for the order and at the same time try to get through to LA too ... Crazy. What's making me angry that the psychologist is coming on Thursday and if they won't back down before that I will have to book ( and pay) another visit - and not sure if there will be enough time and if the psychologist would be available for another day...

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SummerTimeTOWIE · 02/06/2014 15:31

Is this the in-house lawyer or a certain firm of external lawyers?

Tell the school/LA that if your EP can't visit on Thursday, you will put a claim in for wasted costs.

Get everything in writing. Write an email to the headteacher (copying in the LA) confirming that you understand that s/he had been instructed by the LA solicitor not to allow your EP in. Also confirm that you are getting a court order to allow it to go ahead and if the order doesn't come through in time, you will be putting in a claim for wasted costs.

babiki · 02/06/2014 16:12

Towie, some new in-house muppet... Advocate managed to speak to SEN officer who actually pretended to be helpful and promised to speak to school and make them see the light. If fails, we'll do as you said.

I think there should be new swear word developed for our LA.

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Handywoman · 02/06/2014 22:33

This happened at my school. HT spouting safeguarding issue (haha) or some such rot.

In the end the SENCO (who was visibly embarrassed) sorted it, must have threatened to kidnap HT's dog or some such.

Handywoman · 02/06/2014 22:34

We are not in Essex but the other Ruthless LEA.

babiki · 03/06/2014 12:06

Omg this is gettting seriously funny know. Yesterday was told by LA SEN officer it's all sorted and psychologist can go to school provided I come as well.

Now I called the Head to confirm and he wants a written confirmation that there will be no written report based on the visit hahahaha unreal.

Advocate is talking to Tribunal now :)

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SummerTimeTOWIE · 03/06/2014 12:23

My first thought is "what's the head trying to hide?" Probably the fact that when he is called as a witness, he'll have to say totally the opposite to what's in the report

You couldn't make it up if you tried!

babiki · 03/06/2014 14:18

Towie he really believes he is within his rights and has no clue about SEN law/ process. Right and this is the school where I am supposed to send my vulnerable child...

I just found out his wife teaches my dd at another school, hope they don't know it.

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babiki · 04/06/2014 17:14

Just to update, Tribunal asked LA if they are objecting to report, LA said no, Tribunal issued order, we are going tommorow. Not that I want to see this person..

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SummerTimeTOWIE · 04/06/2014 17:41

Absolutely ridiculous situation and a waste of Tribunal time to have to produce the order. Stupid school. Stupid LA because they were clearly hoping you were going to run out of time and so wouldn't get the order in time.

Good luck tomorrow. Stay calm and if the HT gets defensive, just don't engage.

babiki · 04/06/2014 18:33

Towie I just hope LA informs him, don't feel like struggling with him there...

I think this is just a taster of what is still to come, need to get thicker skin.

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SummerTimeTOWIE · 04/06/2014 19:55

I doubt very much if the LA has informed him!!! This LA will do nothing to help facilitate a smooth time for any parent in conflict with them.

Take the court order with you and the telephone number of the Tribunal Services

babiki · 04/06/2014 20:57

Oh s*it, ok will do..

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