SEND TRIBUNAL EVIDENCE ADVICE

[ThatAlertPeer]

Hi all
My DD is 5 and a half and out of education as I am appealing her EHCP. She is no-verbal, autistic and has global development delay. She is not violent but does suffer big tantrums from her inability to communicate.

We named a local specialist school (not independant) in the plan which we feel would be ideal for DD, the LA said the SS had declared DD needs are not complex enough. So the LA named the nearest mainstream school, however i know the SENCO at this school and she told me 'off the record' that they will be rejecting DD as she is too complex. I then found out the LA forced them to accept DD (typical LA).

Long story short I am appealing the PLAN as we want DD to go to the specialist school and wanted some advice regarding the tribunal.

What evidence would you recommend I need for the tribunal to help my case? I am thinking of representing myself but feel worried when I hear that LA get in big barristers to fight their side.

Should I get any independent reports done? I feel like other than her EHCP & her educational phycologist reports I don't have anything else.

Any advise would be much appreciated x

[Skiphopbump]

Have you spoken to the SS? I would ask if they have children with your DDs profile.

Evidenc is key. Is your Ed psych report from the LA or Independent? Independent assessments and reports are much higher quality. You should also look at getting a S&L report and OT. If you do know end up at tribunal and get the private reports your Dd will probably end up with more support than she would have if the LA had just named the SS in the first place.

[ThatAlertPeer]

Thank you so much for the reply, I really appreciate you taking the time.

I have spoken to the admission team at the SS and they stated DD would be 'a good fit' for their school. Unfortunately this was only verbal and not in writing so not evidence, but it made me feel better that I wasn't just being an over protective parent.

Ed physc report is from the LA and is not that great TBH. I will heed your advice and get an independent report as evidence. I will also get an OT report as she hasn't seen one yet.

Thanks again.

[ThatAlertPeer]

Additional - I'm sure the SS said her needs were not complex enough because I have heard that they are over subscribed. Although I understand that this alone is not a good enough reason to deny her a place.

[Headfirstintothewild]

Submit SARs to the LA and both schools. 

If the EP report is poor, definitely look at an independent assessment. If you can’t afford it but aren’t eligible for legal aid, contact Parents in Need who can sometimes help. Do you have a SALT report?

You don’t need representation. Don’t let the LA scare you. The majority of appeals are upheld. If money is tight, you must prioritise independent assessments over representation. Evidence wins appeals.

Is the LA providing alternative provision?

When speaking with the LA and schools, use meltdown rather than tantrum. Some professionals will see tantrums as a choice and latch onto the word.

[ThatAlertPeer]

Thanks again for so much helpful info.

We have only just notified the LA that we are appealing and they haven't as yet come back to us with any alternative provisions. Although I believe that by law they should have to do this.

I have totally taken on board that evidence takes preference over legal representation and will follow this route as can not afford both routes. I will be looking into independent OT & SALT reports.

Meltdown is duly noted 😉

One last question I don't know if you can answer this? Whilst the appeal is going through can the force DD to go to the mainstream school they named in the EHCP? We are worried because DD is nearly 5 1/2 and should by law be in education? We definitely do not want her to go there, especially as the school itself originally denied her a place as being too complex for them?

Many thanks 🙏

[Headfirstintothewild]

If DD can’t attend (as opposed to you just not wanting her to attend) the LA must make alternative provision. IPSEA has a model letter you can use to request the provision. If DD can’t attend she doesn’t have to. 

Also, just to note, CSA pupils have to receive an education. That education doesn’t have to be in a school. 

[Mummytodo]

I would suggest independent OT and SALT assessments both gave really good recommendations. I also thought my daughters meltdowns were down to lack of communication skills, it turns out she needs OT as well as salt but ot first for regulation.

I am using the reports to aid with EHCP however the advice from ot and salt have been invaluable. We have managed to put some things in place which have helped us so much and in turn has also helped with communication, she has been identified to be GLP which has allowed me to help her. It is hard work it is expensive but I've found these worthwhile. I have now been confirmed daughter will get an EHCP but I am not happy with the content so I'm also considering getting an EP report to take to tribunal.