Anybody postponed the Tribunal hearing date or gave up altogether because their case was falling apart?

[babiki]

My case is falling apart... The main argument to keep ds in preschool another year and then start SS - the Head of SS who told me next year there will be peer group for him is now saying she cannot guarantee this (this September is first time they are not having any KS1 kids).

The educ.psychologist was behaving weirdly yesterday at named MS school and I have no idea if her report will support our view that ds needs SS.

To top it all off, LA SEN officer was present and I was stunned into silence and didn't throw her out.

Evidence d/l is next Friday, no time to look for other schools.

The only course of action I'm taking today is going to GP for anti-depr. cause I'm just too fucking tired and broken by the system.

all I can say that through both of my tribunals there were points where I felt like giving up, that I couldn't win, the stress was unbearable - came on here and lots of people gave me good advice, calmed my nerves and I carried on and won both appeals

tribunal is stressfull especially when you have everything else going on - try to think what will happen if you don't continue with the appeal for your child. Although the evidence deadline is Friday - it doesn't mean things cant be changed after that date - 3 weeks before my hearing I ended up changing the name of my school to an indie school and changing my witnesses as well so you still have a chance to change schools if you have to

Thank you - did you change the type of setting, or was the previous school also independent SS?

Advocate is suggesting to think of postponement and get more evidence, I don't really know anymore.

If your advocate is suggesting postponing, it might be wise. The school you've decided on does sound like a bit of a punt, tbh, if there is no ks1.

Lougle there has always been KS1 until this September :( just my bloody luck. Parents here are pushed and bullied into MS, of course the LA version 'we are doing inclusion so well there is no need for KS1'.

from experience schools that are starters on KS1 dont do well the first time round. DS has no peer group (was only recently told) even though I was promised he will and school excuse for it was well children present different than their Statements meaning they were hoping the children will be similar abilities to DS.

Postpone and look at an alternative

Giving up is exactly what the LA want youto do, please dont, if you can dig deep and find the strength from somewhere to keep fighting it will benefit your Ds in the long run.

I agree that if your advocate is suggesting postponing then I would do it too to give you some breathing space and time to find another more suitable setting.

Good luck

Thank you everybody. The thing is, there is no other suitable SS, so it would have to be MS with support...

It's true maybe postponement would work, ds can stay in preschool until December legally.

Another option would be to not postpone but only ask for ds to be kept at preschool for another year and then see in September if there will be peer group or not; the Head said there 'might' be, she just can't guarantee it.

That school is SO perfect for him :(

my appeal was started with us wanting a brand new free school which was an ASD school so costs were low = on par with a maintained SS - we ended up changing 3 weeks to go to an indie ASD school cost around 4 x as much and we won.

its so hard at times to know what to do. do you have an advocate helping you?

Firstly, don't give up. You've come this far and have done so much for your DS to get to this point, that giving up isn't option.

The no-peer group at the SS is a spanner in the works. And in this awful county, there are no alternatives at your DS's age. I would suggest going out of county to my DS's school, but the travelling time would be too long for such a little one and you'd have a hard fight for it and would probably loose because of the distance. In the future, as your DS gets older, it might be worth considering the school? Or even moving nearer the school so that you are in county for it.

So what would it take to have the proper support at the named mainstream school? Not just 100% 1:1 - but what other package would he need? SALT? OT? Physio? Talk to your indie EP and ask her what would she recommend.

Remember that this LA plays mind games and loves to feel that they are getting one over the parents. If you say "yes" to their school, then they might be a bit more accommodating towards you with regards to a proper package of support. They also have the habit of walking into Tribunal with a nearly fully agreed Working Document with quantified and specified provision.

As Star always says, this is just one step in the overall journey to get the proper provision - it no-way is a "failure".

In a year's time the whole situation might have changed and you might be in a better position to change to another school.

So I'd say, on the basis that there are no other schools, don't postpone the Tribunal, but talk to the indie EP and see if you can build the case for a proper package at the mainstream school.

Thanks Towie - I think the EP is going that way (MS with full support) when she saw the lack of SS. The thing is I just can't imagine him in MS - the OT and SALT doesn't bother me so much ( ot here is awful anyway) but the safety terrifies me.

Bhkmummy - yes, I have an advocate. Wow you managed really well!

PinkShark - and the school accepted your child with no peer group?

Thanks everybody, it's really helpful.

So, if you have to go for mainstream, what would it take to make him safe? Look at it from that angle. What needs to go into the Statement for his safety?

And if you get 1:1 TA, what qualifications/training courses/experience does the TA need to have to be able to keep your DS safe AND meet his other needs?

Towie, full time LSA trained in food aversion who can feed him, also for school to allow to eat crisps snd biscuits - it's the only things he chews so he doesn't lose the ability to chew - this is actually in NHS SALT report.

He is a runner and a climber - so not being left alone even for a minute in a playground. Getiing him to sit when he he is tired, he won't recognize he is tired.

I really hope I can at least get him another year at preschool..

LA just asked Tribunal to file their response to my EP report until 20.6...

If it's in the NHS SALT report, then that's really good because you can put it into the Working Document (are you at WD stage yet?). The LA can try to ignore the SALT (they ignored their own experts for my DS) but the Judge will take notice of it.

It sounds as though you need to be very explicit in the WD about the type/experience/level of the LSA

Don't give up. Just remember none of this is personal, they are just an appalling LA.

Actually, I've just re-read what I've just written. This IS personal because this LA is so appalling and have personal grudges. But you still can't give up!!!

They messed up the working document, the advocate is working on it... Some bits are there but quite vague.

I have identified SS in partnership with 'my' SS. It's 20 km away - would that be doable to argue for?

I don't understand the process of how can one getting a firm offer from SS ( advocate says this is what we need). When they all say the admission is up to LA, how can they give firm offer?

How long in time? Primary school age should be no more than 45 minutes. Although in practice, I know this LA sends children for longer than that journey time.

If it's any longer, you can still fight for it (I did, and won that argument with the Judge) but LA will try the trick in the hearing that it's too far and if he goes to their school, then your DS can stay within his local community.

30 minutes... Maybe I should try to go and see it.

Sounds like a plan...?

But first I need to know what will EP write - if she says MS with support can meet needs I don't have time to get another EP and will ask for postponement..

Or maybe they are all right and he would manage in MS...Christ this is doing my head in.

Sounding more positive already babiki. My son in primary and travels for 75 mins each way and the tribunal were okay with that. He's actually fine with the travelling and school was worth the distance. Speak to the other special school. In relation to a place, if its a LA maintained school tribunal have the power to order the child to be placed there even if there isn't a place. The school could turn up at tribunal and argue that the child being there could be detrimental to the other kids if its full but ultimately the tribunal do have the power. It different with indie placements in that the judge can't order placement unless the school agree. So ideally you would like your other school to say that they could offer a place there, it doesn't have to be set in concrete at such

Don't give up. There were times where my case looked like it was falling apart but it all came back round. I spent some days in tears and was ready to jack it all in but my solicitor was fab and really pushed me to keep going and it was worth it.
There are crap days and good days just keep at it!

Bjkmummy, so do you think it's enough if they agree they can meet needs? The peer group argument in the other SS is unfortunately a killer..

Nahhdontthinkso, thank you. It is so exhausting and horrible.

If they can meet his needs then yes that should be fine. My first school changed their mind and said could no longer meet my sons needs - at the hearing we were called in and the judge asked us if we still wanted the first school and they would have named it there and then but we decided that as the school had said they couldn't meet his needs we would be doing our son a dis service by placing him there plus it was half term so I wouldn't have been able to speak to the head anyway.

Through both of my tribunals I have at some point wanted to give up and wobbled hence some of my previous posts on here but through the support on here I continued and am so glad that I did. I don't think there is any of us who have been through tribunal who haven't doubted that they are doing the right thing especially due to the immense stress it puts you and the family under. My son now been in his specialist school for a year and the year of stress we went under were absolutely worth it to see how happy and settle he now is.

Thanks BJkmummy, I also thought meeting needs is enough, but advocate takking about 'firm offer'.

Yes, it's the stories here that make me go on. But the case is probably quite weak - I only used EP as I believed the Head of SS about next year and the NHS SAlt report is very good.

I'm thinking if to borrow money and get more reports etc with postponement...guess for now will just wait for EP report and then decide.

I wish there was a way of finding parents of KS1 kids who want them to go to that SS, I know they are out there, they have been bullied into MS.