LA response to my tribunal is in........

[bjkmummy]

they handed it over to me at the end of my sons AR - its dire - they make 16 points - 5 of them say the same - her needs can be met at school action plus etc. they don't accept MS or DK reports. they say OT is a health need not an education one, don't accept she needs specialist teaching, that the NIL is very detailed (not a single thing is specified or quantified)

they are calling her senco (who they also called last time and lost) and a senco from a secondary school (shes in year 6 at the moment) that we are not even going to name as her placement! it is dire to say the least and they have added nothing extra/new except from a random report from this senco at the secondary school saying what may/could be available for a random child with random needs at a random secondary school (not necessarily theirs!)

needless to say this is going to tribunal again isn't it! hey ho..........

At least you have got it now and will be well prepared to handle at the hearing.

On what basis do they dismiss the reports of MS and DK? It all sounds very desperate and poor to include a random senco report which says nothing at all about specific needs.

Sorry that you have to go through it again. Hopefully the outcome will make it all worthwhile.

The random SENCO will be useless to them as they don't know your daughter. They will basically sit there and say they can meet the NIL. They probably don't even realise you aren't going to send her there! It's sounds like your current SENCO will be useless as well.

Why don't they accept the MS or DK reports? I can't see that tribunal would discount 2 reports from 2 different professionals that are saying the same thing!
If you've got the evidence that she needs OT and specialist teaching input then you're in a good position.
Getting the LA's evidence is stressful, it's just rage inducing!

its says that DK report draws on MS report and confirms the dx of asd. 'the dx does not change the position held by the LA '

So basically they accept that she has ASD but they are willing to put in place any strategies or support that MS and DK have suggested
Are you getting a indie EP assessment? Or is there enough in the reports?

Snap bjk, mine arrived in the post today!

No evidence at all against my appeal, only that the NIL is in place and that Dd3's needs can be met through school and the local offer!

They have also called the SENCO at the new school.
Will be back later!

I am getting an indie EP - she has to wait until a year has passed since dd was dx with dyslexia due to the rules on testing within a year so that's next. They aren't calling the la EP which could have been fun as he just used our report and did no assessment himself. They say la EP has done a detailed assessment which is fine if you like nothing specified and unquantified.

Re the asd dx, they say school can call in autism outreach. Make some snide comment about the importance of sharing reports with school and school not had opportunity to give views of how she presents - all very well but school have had every report and they fed into each report by providing written reports on how she does present - just that the LA are unaware the school have been so involved I guess as they've just made assumptions - yet again.......

I have got - they only statement at such n such a banding/matrix and 10 grand is devolved to school so why on earth would you want a statement for them you crazy loon of a parent. So is this my imagination or does it sound like an illegall blanket policy.

Slow and steady progress is being made erm level one in year 1 & level 1 in year 4 (with full time 121) - tsk my child is not a tortoise.

Needs are not complex even though said child is diagnosed with almost every neurological condition on the planet and probably in a parallell universe.

My favourite is they want my child to feel included and not different and a statement will make him feel well erm different- ok cloud cuckoo land springs to mind.

Me tinks da LEA are hanging on....to a very loose thread....

wassup - I have more or less that as well - it say out of 16 points they make 5 times that they do not consider her needs significant or complex enough. they make no reference to her current levels or if progress being made and school gave them her levels so its clear that shes not making progress otherwise that would be being said every sentence.

the part about devolving money they go on and on about that and say they expect schools to provide 15 hours - the random senco report which has no name of who wrote it or when (but clearly this random senco has had full access to my daughters NIL to write it) gives an awful lot of support for £6k - my friend read it and laughed and said no way is that all of that £6k and why don't the school want her statemented.

my LA say not complex needs and like yours dx with a whole list of stuff and yet random senco report opening line is about how a child with complex needs can have those needs met without a statement.

its all such a joy isn't it! they also say no SALT needs identified during stat assessment even though a SALT report before previous tribunal and the NIL details that she has SALT needs so clearly they've forgotten they wrote that in the NIL and the SALT report from tribunal is in the NIL - but hey, minor details I guess

My LAs argument for not accepting MS and DKs reports were the same as yours bjk. Basically, they argue that DK does not do a 'proper' assessment (using the ADOS) and so does not give an independent diagnosis. The only diagnosis therefore that they argue the child has is the one given by MS. They argue then that because she is 'just' a SALT the diagnosis is not valid. As teaching staff 'see no problems' (ie don't suspect ASD) the LA would need more evidence (ie from an NHS multi-disciplinary panel using accepted diagnostic tools) before it would be willing to accept that DD had ASD.

They can try it on but it is all bollocks. The LA can't disagree with medical evidence. They would have to have another medical expert who disagreed. But the NHS staff do accept that both DK and MS are able to diagnosis and in DS1s case confirmed the diagnosis with no further assessment.

I had MS as a witness at tribunal so that she could directly deal with the issue of her ability to diagnose. Also you have put together your own multi-disciplinary team and they all agree.

MS has said she will come so my next job is to email her and keep her in the loop - still no NHS SALT appointment appeared yet - I have responded back to the LA and been careful what I have said and asked them to answer the questions I asked them previously and to send me a copy of the referral form for my records so will see if they do it.

does any one know = need to apply for secondary school - can the SEN team access the database and have a sneaky peak at my choices??? given that they have issued a NIL so no statement but gives them a heads up as as it stands the witness they are calling is from the school im not choosing.

The SEN team can certainly check out what school you are choosing.

well if they do they do - the school im choosing is still as dire so makes no real difference who they call I guess. im resigned anyway that if we lose this next one - she will be home schooled for secondary