tribunal - mainstream, can this work?

[billiejeanbob]

I am appealing part 2 and 3 of dd's Statement via SENDIST. The statutory assessment was quite vague, not a lot of standardised testing took place. As a result all of dd's needs weren't identified.
Since I have had her assessed by indie SLT, OT and EP, her needs that have been identified are more severe than I first anticipated.
All of the indies are agreeing that dd really needs a specialist placement. However I have not appealed part 4 placement, which names maintained mainstream. I am also reluctant to move dd as she has made good friends at school and I feel this is really important for her confidence etc.
Indies are proposing that to stay within ms dd will need as a minimum an hour each of SLT, OT, plus specialist dyslexia teaching from an OT,SLT and specialist teacher (weekly). dd's TA will have to be trained by an OT to deliver indirect OT for 30mins daily, also 30 mins daily of SLT and an hour daily of dyslexia teaching. Plus she will also need the TA to carry out recommended SLT, OT programmes.
Due to her complex needs dd will also need the TA with her within the ms classroom to help her access the curriculum.

do you think this could work within ms? it seems dd will be spending a lot of time out of the classroom, I don't really want her to be isolated. if I felt that a specialist placement would provide a better set up can I ask for this, as I haven't appealed part 4?
thanks for reading.

I suspect you would find that the LA resists that level of support, partly because of the fact that it would take DD out of the classroom so much. You would probably find the tribunal also waters it down for similar reasons.

You can apply for permission to change your appeal to include part 4. However, the LA is entitled to time to respond to that, and it might mean an adjournment of the hearing.

hmmm thank you for providing your insight icimoi.
I really don't want to face an adjournment of the hearing, as it has already taken us a year to get this far.
I am fully expecting the LA to reject this level of support tbh, as within the original statement they wouldn't even specify any SLT or TA hours.
I am so confused now, I really want ms to work for dd as she has made some lovely friends who are really caring towards her.

do you really think that the tribunal would water down the provision? It would mean that potentially dd would be out of the classroom for 3 hours a week for her SLT, OT and specialist dyslexia teaching.
Could another option be that the TA carries out the SLT,OT and specialist dyslexia programmes within the classroom but on a 1:1 basis? Although that would not be ideal due to dd's sensory processing needs.
Argh this is such a tough call!

Thank you so much manish! My indie experts have been absolutely brilliant throughout all of this. They all initially agreed that dds needs would be best met in an indie specialist placement. But because I am happy with mainstream, dd is generally happy there, has good friends, positive peers etc the indies agreed to set provision that could be carried out in ms. I think im just having a last minute wobble.
My solicitor is currently working on the working Document to include all of the indies recomendations which incl an hr a week each of SLT, OT, specialist dyslexia teaching. Plus then 30 mins daily focusing on SLT, OT and dyslexia programmes. Plus TA 1:1 For the remainder of the time that is not spent with the therapists. They have also recomended in service training for the CT and TA.
As dd is in yr 4 we are hoping that this will be efficient for primary, with a indie specialist placement for secondary.

Not sure when you have your Sendist tribunal but just to make you aware that in year 5 you start the 'transition' to secondary school process for a child with a statement of special educational needs. The year 5 annual review is the transition review and is the one that professionals from your chosen secondary should attend.in general year 5 annual reviews are held during the winter term or very early in the spring term to ensure enough time before the following September to iron out any problems.
Currently, children with a statement should receive their year 6 statement of special educational needs naming their secondary school by February 15th - check out the sen code of practise.
Although of course things could be changing due to the new EHC plans coming through from September.

I would be asking tribunal to make the amendments for duration at primary school and to name the indie specialist placement if that's what you want for secondary but you don't want to have to be going through all this again in the next year....
Good luck x

Thanks for the insight chatee. Our hearing is less than two weeks away, I had no idea that the judge could rule on a placement for secondary now. I think ive left it too late now - havent even visited the recomended indie placement, neither have the indies.
Also im not sure if the placement could commit to accepting dd at present - as a result of her needs not being met she is only achieving a level 1c for literacy and the placement we want states that the child had to be achieving within their age appropriate key stage. Although indies have assured me that dd is more than capable of doing this, she just has complex needs that so far have prevented her progress.
Looks like another tribunal next year then .... although tbh ive been expecting it. If my LA wont even fund an hr of SLT or OT, I doubt that they would ever agree to indie placement.

i would concentrate on your current appeal and makes sure through the tribunal/working document that the statement is as 'tight' as possible so that when you do come to the secondary transition your chosen secondary school would be the only one that could meet need so you may not have a battle for secondary.

I appealed during year 4 - I did go for an indie at that stage and won it but my concern has always been that we are now in year 5 and the LA would try and move him for secondary. that's going to be hard for them to do as the statement is so tight even if you took part 4 away and there is still not a school that could meet his needs except the one he is now so he should stay there for secondary but with LA nothing is guaranteed but I do know the statement is watertight , specified and quanitified because of the tribunal.