JADR hearing/tribunal for specialist school help

[Arthurnewyorkcity]

Hi there,

I'm hoping someone has experienced this who can offer some guidance.
We have applied for a specialist school for our son, asd, learning difficulties, non verbal, poor receptive language etc. LA is saying mainstream. The LA requested an extension to the evidence deadline and for the tribunal date to be moved (was scheduled for august and they wanted sept). We responded that we did not agree and to stop wasting time basically. The tribunal has responded saying the date for final hearing has moved.. to April. However, we have to attend judicial dispute alternative resolution first which I assume is like a mediation? Has anyone been before? What happened?
The LA have no evidence in our case. Their evidence is the mainstream schools send statement and latest ofsted.

Thank you if you made it this far

If this is about an EHCP process you could post on the EHCP thread for traffic?

It is a hearing that has the aim of resolving the dispute without the need for a Tribunal hearing. They are led by a judicial mediation trained judge. Although the quality of this varies IME. Both sides will get a chance to speak and the judge may make comments too. If you and the LA reach an agreement a consent order can be drafted.

Have you not appealed B&F? You should.

To be truthful, I have no idea what on earth I'm doing. I appealed section I. His school does meet his needs now (reception) but won't be able to year 1 and above.

I didn't know there was a ehcp section, thank you for letting me know. I will have a look on there. I'm hoping the judge tells the LA they'll likely lose and to settle now!

It is recommended you appeal B&F as well as I. B&F will be written in a way that supports the school the LA have named in I. You should request to amend your grounds of appeal to B&F too.

What evidence do you have? Do you have any independent reports?

We have speech and language report, a specialist consultant (also has a rare disease which affects mobility), a letter from physio, our current school sendco written statement, a supporting statement from family (father and i are both qualified teachers), blue badge award, short breaks award. DLA award. Basically just chucked everything at it showing the extent of his needs.
Is it too late to appeal B&F? Mediation is in 2 weeks
LA did request an OT report but its massively gone against them. OT heavily implies specialist provision is needed and lists all the struggles my son has at school

You can try requesting to amend the grounds of appeal using a SEND7. Don’t forget to seek the LA’s opinion first. The judge may well suggest you appeal B&F anyway. The decision on I is the conclusion of B&F. If B&F are poor you risk section I remaining as MS because the evidence demonstrating SS is required isn’t in the EHCP.

Oh no :( okay thank you for the advice, it's been very helpful

Normally I would agree that you should amend to include B and F, but not in this instance.

The JADR process is generally a very positive one. They are run by senior judges who will expect the LA to be able to explain how they are applying the law to your case. They have to show that they have good reason to believe that a mainstream school is suitable for your child and can meet his needs. Feedback from the tribunal is to the effect that the legal tests they are supposed to apply come as a major surprise to LA decision-makers, and often once it is spelt out to them there is a change of heart.

Frankly, I'd be amazed if the LA can make any sort of case in favour of a mainstream school for a non-verbal child with poor receptive language and learning difficulties. What does your son's current school say about this? Has the LA filed its consultation correspondence? If the current school says mainstream school is not suitable that would carry a lot of weight.

If you have a strong case, particularly if there is no mainstream school offering a place, it may well be worth your while sticking with a section I only appeal and aiming to improve the EHCP once your son has settled into special school. The major disadvantage of changing your case now is that you would certainly lose your April hearing date, because the LA would have to have time to consider and respond to the new appeal grounds, and ideally you would need professional evidence in support of any amendments to B and F that you are asking for.

I'd be amazed if the LA can make any sort of case in favour of a mainstream school for a non-verbal child with poor receptive language and learning difficulties.

I have come across a few cases where LAs have managed to do just that. To give an example, I am currently helping someone who unsuccessfully appealed I a few years ago. When I have looked at the paperwork I can see why the last appeal failed. The paperwork describes a completely different child to the one she tells me about. So even though BFI will take longer it is less risky IMO. Interesting you feel differently @Zyq.

@Zyq hey, so I put 'la has no evidence' in my op but isn't 100% correct. They issued an occupational therapy report but that did very clearly state my son will not be able to have his needs met in mainstream. Only other evidence if can call it that, is the schools sen statement, and ofsted report. His mainstream are very supportive and the current sendco used to work at the specialist we are applying for. She has written a statement which say specialist provision is needed.
I feel really angry at myself and like I've let my son down. I should have researched this much more but I've found it all very confusing. My friends who are in similar situations only appealed section i and both got in. I will see what the judge says in the hearing. I read online 66% of cases are settled then instead of going to final so am hoping for the best.
Our ehcp annual review is 2 days after so I will explain this if needed. I feel damned if I do and damned if I don't. If I request too much provision they might say they can't meet it either. I just want him in the correct setting then can focus on b&f (I hope).
Thank you to everyone has commented, the kindness of strangers is very touching. I will update the thread after the jadr has taken place.

In case anyone is interested or has this in the future. The clerk let us in online then we waited in the online lobby. The judge then introduced himself and asked the local authority for their permission. They instantly said they'd be naming the special school but would like this from Sept 2024 which we also wanted. Agreed in less than 5 minutes. Final hearing therefore cancelled. Im a very happy mum! :)

Well done OP!!!!

Brilliant news.

Meant to say position not permission. Thank you all and good luck to anyone on this journey! Thank you for the kindness and knowledge shared on this thread

Fantastic news, OP. I think one of the advantages of JADR is that it does force LAs to have a think about their case and whether they really will be able to justify it to a judge, and apparently they have a high rate of success in terms of persuading LAs to concede. That must be such a relief.

As I said, normally I would say never appeal section I alone, always challenge sections B and F as well. What makes the difference in OP's case is that she seems to have such a strong case for a specialist school, and that she risked her hearing being adjourned by applying to amend it.

The tribunal is apparently fast-tracking section I only appeals so that it's a 16 week process, compared to 50 weeks for other appeals. Parents are therefore going to have this sort of dilemma increasingly unless and until the tribunal gets appeal timescales generally back within reasonable limits.

Well done OP!

I came across your feed after googling for information on a JADR! We have ours scheduled for Monday and I was all geared up until our school senco put the downers on me this afternoon. Now I'm back to the dread feeling again.

I'm so hoping for a result similar to yours. Would you by any chance know if the LA are able to throw in any alternative schools without having consulted me with them first (ie prior to evidence deadline date)?

I really don't know the answer to your question, sorry to say :( I think the whole idea of the dispute resolution is to hopefully reach an agreement before a full blown hearing. My google searches told me on the most part, they're very successful. This is how the judge explained it to us before he asked the LA their thoughts.
We had mentally prepared for if LA recommended a different SEN school, or the sen school we wanted but with us transporting etc. We just thought of everything, i had/have idea if those things would have likely been mentioned but nothing was mentioned at all. Ours started at 10am, we got let in 10:05 and it was late because our SEN school was on the phone to the LA telling them to accept our son. It was over by 10:10.

Is your JADR about section i too? If i was you i'd try feel positive, although i appreciate that's much easier said than done! Good luck, please update afterwards

@CharlEmz hope your hearing went well today

Just come across this thread. Really pleased you got a specialist approved, its lovely to hear. My son is very similar and non-verbal too and in exactly the same position. My son's LA is on the south coast and wonder if we have the same one?

@Soukmyfalafel not quite, we are East. Norfolk. Good luck to you! It's crazy how ridiculous the system is. I hope your son gets the placement you want for him

any advice welcome. I have a jadr hearing tomorrow I am appealing section I of my daughters Ehcp.
no schools can meet needs apart from the one we have requested for my daughter. The court has moved our final hearing date from Nov to may 28th with a jadr hearing set for tomorrow. I am very anxious about it but any advice would be helpful, is this a positive?
my daughter has asd dyslexia and semh needs, her current setting have stated they can’t meet needs yet the LA have still named that as her placement. She has been only attending school part time due to not being able to cope. The la are using every delay tactic possible. The school I am requesting is an independent school where her older brother already attends.
the la have sent over 14 consultations to other schools and non can meet needs. Do I have a positive case? I have sent so much evidence to the sendist team for them to look at to back her case. Doesn’t help the worry and anxiety.
seems so unfair so many parents have to fight for children with additional needs.
thank you in advance

Forgot to say she is currently is a main stream setting and I am requesting a specialist setting for her which is an independent one.

JADR hearing is very likely to be a positive. It will be run by a senior judge who will be focusing on the legal requirements. The LA must send a decision-maker who can explain why they're not agreeing to your school, focussing on the law. I assume the LA is relying on the argument that your school isn't an efficient use of resources, but they can really only use that argument if they can put forward a school able to meet your child's needs that is cheaper. If the reality is that they have been looking for alternatives for months without success, they have to answer whether it is realistic or fair to keep your child effectively without an education in the vague hope that something will appear out of the ether.

They may tell the judge that they're still consulting or talking to somewhere or other. If so you need to point out that this isn't fair to you or your child, because you won't have time to investigate any new school they put forward before the hearing. If you have your own Ed Psych, you would ideally want them to look at the new school and most good EPs are frantically busy nowadays.

It'll be a relatively informal hearing. While the judge won't be making any decisions about the merits of the case, they can be quite robust when the LA is being unrealistic about its case. A lot of JADRs result in cases being settled, but if that isn't the case the judge will make orders for any further information etc that is needed to ensure everything is ready for the hearing and there won't be any last-minute delays.

The chances of success are high if the LA can’t name a school that is suitable and DD can’t attend the current MS full-time.