Help! Has anyone gone through a Sendist tribunal

[gaia]

This is my first time posting in special needs although I'm a long time lurker. I'm taking my LEA to tribunal and need to finalise my case statement and just feel overwhelmed. I know what I want and what my child needs but is that what I write? Just he needs this because. his teacher is very supportive and willing to be a witness but I think I'd like someone who's been through it to tell me it was okay and the people on the tribunal don't all have 2 heads. And what sort of things do you put in your case statement? The sendist guidance is woolly and of course it seems like the whole country has been on holiday for the last 2 weeks. Anyway thanks to anyone who reads this. All positive vibes welcome.

When does the tribunal take place?.

You need to speak to IPSEA (Independent Panel for Specialist Education Advice) if you can as they are very good at this whole area. Their web address is www.ipsea.org.uk. Hopefully someone will be there tomorrow manning the phone (they are extremely busy but keep trying and they do have an e-mail address).

Can you get other professional people involved in your son's case on side e.g developmental paed, occupational therapist (if applicable), speech therapist (again if applicable). Basically you need all the people your son sees to make supporting applications. The more supporting evidence you have the better.

Good luck with taking your LEA to Tribunal.

(P.S Sendist don't work at all during the month of August so its not just Christmas that affects things).

For information on IPSEA and its work for parents appealing to the Special Educational Needs and Disability Tribunal (SENDIST), contact IPSEA on 01394 384711.

Gosh that was quick, thanks. Yes I have contacted Ipsea and they've been great but the advice type person dealing with the volunteer case workers actually died just before Christmas! But you're right I'll call them tomorrow, I found the helpline useful when i started the process. I've got a good report from his speech therapist and paediatrician as well. Feeling calmer already thanks

I haven't been, but got to just before case statement stage last time (then LEA gave in) for statutory assessment 3 years ago and now appealing again against their refusal to turn 23 hours into full time after an Annual Review where psychiatrist, school, ed. psych and parents all agreed full time was needed.

So I have read A LOT of past tribunal cases. If you haven't, go to www.sendist.gov.uk/public/search_decisions.aspx where you can read all their past decisions ,searching by type of appeal (e.g. against refusal to assess, changing Part 3 etc.) or by age or by disability/ SEN. It's really really useful because it describes how and why they make their decisions (and I particularly enjoy printing out cases like mine and sending them to my SEN team at the LEA, with notes attached saying, look, they allowed their appeal, so you haven't a hope (but said more formally and less childishly) .

Good luck - what are you appealing for and what are you hoping to get?

Hi. I have a contact of someone who helped me. You ahve to pay but not that much and it saved my sanity.

My case statement ran to over 350 pages with the appendices. The LEA put in one page of evidence

Whereabouts do you live? If you are near me (Surrey/West Sussex/Kentish) then you are more than welcome to come and see mine (if you see what I mean).

email me on [email protected] if you want the contact details.

Also contact SOS!SEN - they will help you - Marion Strudwick is a redoubtable lady. They run courses on how to tackle tribunals.

'How to be a Velvet Buldozer' by Sandy Rowe is very useful.

Gaia - I have a pal who just went through all this, using SOSSEN, and she won! But I think what you said about writing your case statement is correct - just write down what he needs and why, making sure to back it up with fact rather than just emotional arguments (eg proof that he needs small group teaching lies in the fact that in the last 6 months he has learned x, y and z" or whatever. I have been through quite a lot of this stuff, though not all the way to tribunal, but I was a writer before motherhood so if you want anyone to look through/edit your case statement that is an easy way I could help? I think it is important to take along people who can talk about your child, not necessarily lawyers but people who will be believable. It's basically sitting round a table with a few people, and is not as scary as you'd think , says my pal! Good luck!

Thank you so much. The case statement has been posted, I was able to get in touch with Ipsea. Only 1 side of A4 though flyingmum, some sort of inadequate emoticon needed I think. I'm up north as well so not able to read yours. Basically I have twins 1 with developmental delay one without. I held them both back to start school aged 5,(educational psych agreed by the way, not just because I wanted to) the lea said 1 twin could start in reception aged 5 the one without would have to go straight into 2nd year of school. My reply was no way. We found a little independent school ( not scary monster posh prep school) which was quite happy for both to start in reception. They're summer born so the oldest but only by a few months iyswim. So the lea won't fund the hours in his statement now. We don't want fees paid just the 1 to 1 named in the statement he already has. The lea say no because ds needs can be met in mainstream and I'm like well they can't be because you will put him in a different year group to his twin. I know in the future their needs might vary hugely and that's fine but right now they're just 5 and I don't want 1 marked out so much. And it won't cost the lea any extra money at all so what is the problem! Which is basically what I wrote obviously slightly more flowery. Aquariusmum thanks for your offer as well, and people sitting round a table sounds good. I had some ridiculous picture of that court program from the 70's in my head for some reason. I will also definitely get in touch with sossen. Ipsea are lovely, very bolshy in a good way and agree with me which is always a plus.Any thoughts on what I'm asking for? I think I'm being reasonable but perfectly happy to hear if people think not. Help me practice for if the tribunal disagree with me.

I know that my ASD DSD's one to one help is being threatened to be withdrawn now DH and his ex wife have put her into private school, but they are fighting it too. Your LEA clearly weren't able to meet needs, as it's all very well separating twins but not by a year, and there has been a lot recently in the papers about a possible govt. review to happen at some stage, which will at least look at whether summer born kids should be allowed to stay back a year (it was all over the press a few weeks back, maybe Nov/Dec, might be googleable, could help your case) . Agree about Ipsea, they really helped me too. Are you thinking of Crown Court, the 70s prog! Not like that, deffo

Good luck!

I thought that all LAs had to have an "independent" advocacy svs?? Am I dreaming? Our local one has just gone Londonwide, possibly nationwide, and it is excellent. If you are interested, google Elfrida Rathbone. If they can't help, then they may be able to suggest someone who can. IPSEA obviously also a good port of call. Wishing you lots of luck.

SENDIST send you a video if they decide to send you a case statement. The process is designed to make it easier for parents to go through without any outside help. It is just three of them in the room with you and your two witnesses and the LEA with their two witnesses. LEA's can sometime produce a barrister but usually only in cases that's going to cost them loads and yours doesn't sound like it is. The key is to think like the enemy. They don't want to give into you because if they do what might start off as 1 to 1 (already provided) might then grow into them having to fund the private school or move from that private school into a SEN private school (which are lots of money). The questions that I think (and this might not be the case) that SENDIST will be asking both sides:

1. How can the state school provide for her needs?
2. How will separating her from her twin affect her psychologically.
3. How does this relate to the disability discrimination act (I think this is your major weapon)
4. MOST IMPORTANT: How can the independent school provide for her needs now and in the future - you and they will HAVE to prove this.

You might want to think about what your position is if the LEA come back to you and say OK we won't separate them - they can go to mainstream not in different years they can both start in reception. It does seem a daft position for them to take regarding your non SEN daughter, if she's only just 5 why can't she start in reception, making a summer born kid jump a whole year is bonkers (my non SEN son is summer born - the last week in August - he'd never have coped with going into year 1 straight away)

Sorry to give you questions but I found it helped us to think like the enemy, preempt what they might do or say and this helped us to prepare before hand.

Good luck and best wishes.
PS our bundle was only so big because we had 4 lots of independent reports, and two lots of massive OFSTED reports as part of the Appendices. Our actual case statement was around 5 pages but it was for secondary transfer so there was loads of evidence to go into.