Is it worth going to tribunal?

[MedusaIsHavingaBadHairday]

In brief.. DS2, nearly 18, ASD, LD, at special needs college but wants to leave this summer . His Statement ceased at 16 as his special school only went to 16 and college did a S139 (their version but not legally binding)

So... we applied for an EHCP. He has social services funding of a small personal budget for when he leaves, adult LD SS have taken him on, he is acknowledged to have significant support needs.

Verbally the LEA told me he would have his S139 converted to an EHCP. Then today (saturday of course!) I get the letter saying panel have turned him down as he has SS funding, and the local offer can meet his needs as he is staying on college roll to do an apprenticeship (a SN one)

He's not. We considered it but he and we have decided against it. So he won't be on a college roll, he will be in the big wide world with fuck all support other than a few hours personal budget to use, and no educational plan in place for an 18 yr old who still believes in santa and has limited independence skills.

I am steaming (oh and the letter had the wrong name on the second page.. my DS2, Charlie, is apparently now called Ryan !) Apparently my application was being supported..by someone I have never heard of... crock of shit all round.

BUT I am wondering how much it is worth fighting for. Realistically he's not going to be in education any longer, he has SS support.. and we have to find a way for him to be occupied and have self worth as an adult. The only thing we really wanted out of the EHCP was his future independent living plans.. is it worth fighting? We don't have money to pay for lawyers etc :/

I don't quite understand. Would he be in education if he had an EHCP? If you are saying that he wouldn't, then no, there's no point at all appealing, because your appeal would be bound to fail as there has to be an educational reason for having one. But if you are saying that he would be in something like college or an apprenticeship, then yes, an appeal probably is well worth doing. The LA is being ridiculous to suggest that a young person who has previously needed a statement and a s139 plan can cope in college or an apprenticeship without any defined support.

His future is totally uncertain. Currently (and this may still change) he wants to leave SN college and be supported somehow towards employment... (probably voluntary work as he isn't able enough for a job)
BUT the EHCP would suppport education IF he went onto some sort of apprenticeship or back into education...up to 25, and I am worried that without the EHCP no funding or support would be forthcoming.
We are looking at Mecap supporting him with voluntary work/traineeship at the mo, but he also wants to eventually live semi independently and that is also included in the EHCP ...

Legally Special Educational Provision is provision that educates or trains. Trains includes independence training, preparation for work training etc. and would all be covered by an EHCP. All if the SEN provision which supports education must to go into the special educational provision section of the plan - not the social care section, even if it is delivered by social care. It therefore seems likely that you stand a good chance of being successful on appeal. I would contact the IPSEA tribunal line urgently. They will be able to advise you on the legal position and support any decision that you make.

Have a look in the SEN Code of practice from part 8.20 onwards as this covers young people going into further education and training. I think the problem you will have is that if he doesn't go into any training then the LA will withdraw the EHCP anyway because they don't have to maintain the plan if he leaves education. This is what is says in the Code about ceasing an EHCP:-

The circumstances where a local authority is no longer responsible for the child or young person include where any of the following conditions apply (subject to paragraphs 9.202 and 9.203 below:
• A young person aged 16 or over leaves education to take up paid employment (including employment with training but excluding apprenticeships)
• The young person enters higher education
• A young person aged 18 or over leaves education and no longer wishes to engage in further learning
• The child or young person has moved to another local authority area

The independent living part of it would come under the social care part of the plan which you can't appeal to tribunal for. You can only appeal to the LA directly. The Code says that you can ask for a care assessment regardless of whether or not you have an EHCP.

Thank you... that is very helpful indeed. I shall be contacting ISPEA asap.
Charlie is likely to be looking at preparation for work training via Mencap which I would hope would be covered in education and training. The care part IS at least covered by his adult assessment and agreed..for now, but I will have to argue for more personal budget if he's not in any training.

The irony of it is that if his school had gone to 19 like most special schools his Statement would have been transferring now automatically (I work there) sigh....

It's a pretty grim indicator for others in our area I imagine too. Bastards. I am going to get my head together and start making calls tomorrow.

OMG! I have EXACTLY the same name mistake in ds statement. Maybe Ryan is code for any SN child?! Who is he... As he's all over the place....

Historically social services have done things like travel training, independence skills etc but the point is they don't have any duty to. most social services teams are now barely able to afford the minimum care to keep someone safe. So personally I would be asking for an EHCP.
Education doesn't have to be in a setting and could include training for independence, work skills, using public transport etc.
The LA could look a personalised package eg support in vol placements etc. if I were in your shoes I would go and look at expensive Indi SN colleges (and let them know you are doing this) and appeal but then offer to compromise on a local personalised package . The new sencop makes clear the LA should be putting in provision that covers a 5 day week. They can split this between placements but should be finding a whole week worth of activities and training.
Skills like cooking, laundry etc related to indep living would be education not care.

Thankyou Agnes :)
Funnily enough our Paediatrician suggested I go and look at a college not far from us..but out of county that specialises exactly in Charlie's needs..ASD and LDs. We wouldn't want to send him away in reality because it's not right for him ..he has a carefully built up prgramme of clubs, SN activities etc which he loves and is able to tell us he doesn't want to go away...but it wouldn't hurt to let the LEA know we are looking at it

I didn't know that provision was supposed to be 5 days a week.... oddly enough they haven't mentioned that!

It is a bit like Mrs Beaton "first catch your rabbit" so whether you access independence training, learning skills and work skills via recognised college or Mencap or a one to one carer-tutor, you can find it and ask for it.

Maybe a day or two at the expensive college without boarding full time, and some life skills with a one to one worker to teach laundry, cooking etc etc, plus find the way to help him find a niche in life.

Does he have any special intersts that could be fostered by the right person to make sure that his own agenda is not ignored in place of a mainstream one?

Once you have your desired package, then roll with it - the bulk is still education as there is still much to play for.

Good Luck

Our LA is pushing personalised packages as alt to residential. While I'm highly sceptical (as it's obvious done for cost savings) they are at least accepting that it's education provision ( although am sure ask ss and health to put money in too). Have a look at preparing for adulthood website. The 5 days is education provision I think but the definition of that ie provision that trains is broad. you may need to search out opportunities and present them to LA.