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Really scared goes to panel this week for dd to go to a specialist school

33 replies

Blossomhill · 03/05/2009 22:19

Fingers crossed please everyone. Whatever the outcome I have decided dd will not be going back to her current school in year 6, it's just not fair on her.
I so badly want this school but it's a hard fight. If they say no at panel does it go straight to Tribunal or can we negotiate in between? Any advice gratefully received X

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PipinJo · 03/05/2009 22:28

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Message withdrawn at poster's request.

daisy5678 · 03/05/2009 22:30

I hope it goes well! It's tricky - you can't appeal against a Statement (I think) unless it's recently been changed, though if this fits in to the Y5 Transition Review and they have named a mainstream for secondary, you could appeal to the Tribunal against that. What you could do if the panel says no is ask for a re-assessment (which is like requesting a Statement all over again). When If they say no, you can then appeal against their refusal and go to Tribunal for a re-assessment and then use that re-assessment to ask for the special school, but it will take a long time and no way be done for September.

I would say the best route if they say no is via your MP as IME that seems to get things done quicker.

WetAugust · 03/05/2009 22:34

If the LA say no to a special school then the only way of getting that decision over-turned is by going to tribunal (SENDIST).

When they issue you the proposed Statement (which wil not have any school written into it) you then have 15 days to respond to the LA asking for a meeting to discuss the statement.

Parents tend to focus on teh outcome i.e. "I want a special school" but the key to getting one is to look at parts 2 and 3 of the Statement. Part 2 describes the needs and Part 3 states what support your child needs. From that description of the support that's required the LA start to look at schools that can provide that level of support. Therefore if the LA have understated the difficulties in part 2 the support required in Part 3 wil be underestimated and an inappropriate (possibly mainstream) school will be suggested by The LA.

So you need to make sure parts 2 and 3 are right and therefore the only possible outcome that could support your child is the school you want - and not the LAs.

So that's when you ask for a meeting within 15 days of receiving the proposed Statement to ask the LA to correct parts 2 and 3, which should strengthen your case fr special school. Obviously the LA will probably dig their heels in. they may issue another Statement - an Amended Proposed Statement which goes a little way towards meeting your goal and again you'll have 15 days to ask to meet them to discuss it.

And so on.... unltil the LA either cave in or won't budge any futher and you then have to go to tribunal.

It's worth pointing out that this 'panel' is just a selection of local educational worthies designed to add window-dressing to the decision of the Education Officer - it's not 'the panel' who decide it's the Education Officer just using the 'panel' to try to justify his / her decision - don't fal for that one.

Best wishes

5inthebed · 03/05/2009 22:43

I am waiting for a date for my ds2 to be statemented so can't offer any advice, but just wanted to wish you luck.

2shoes · 03/05/2009 22:52

good luck

daisy5678 · 04/05/2009 00:30

The problem I was talking comes when there is no draft/ proposed/ new final Statement - Blossomhill, has it been changed/ is it going forward to be changed?

IPSEA are the best source of specific advice - they are fantastic.

Phoenix4725 · 04/05/2009 03:24

good luck with it know in few weeks be in same postion

Blossomhill · 04/05/2009 14:00

Hi everyone. Dd has a statement but I have asked for a change of placement due to the placement breaking down. I have sent a report backing up why she needs to change and tbh it needs to be sooner rather than later as dd's mental health (and mine) is suffering and I can'tallow it to go on any longer. Her statement is 6 yrs old so will that make a difference?

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daisy5678 · 04/05/2009 14:41

Has it changed at all recently, even a word, or is it likely to? if not, the only course of action is the one I said before (ask for a re-assessment). Might even be worth starting that now as it will show the panel that you mean business and that the current Statement is inappropriate. IPSEA website has template for asking for re-assessment.

daisy5678 · 04/05/2009 14:52

From SENDIST guidance - I'm not trying to be negative, just to help, because this is not going to be a straightforward appeal because of the things you are and aren't allowed to appeal about within certain time limits. See bold writing in particular:

What you can appeal about?
You can appeal if the LA:
Will not carry out a statutory assessment of your child s special educational needs, following a request by you or by your child s school.
Refuses to make a statement of your child s special educational needs, after a statutory assessment.
Refuses to reassess your child s special educational needs if the LA has not made a new assessment for at least six months, following a request by you or by your child s school.
Decides not to maintain (decides to cancel) your child s statement.
Decides not to change the statement after reassessing your child.
Refuses to change the school named in your child s statement, if the statement is at least one year old (but you can only ask for a school that is funded by an LA). This is limited to the same type of school as the school named in the statement and it is not possible to ask us to alter Parts 2 or 3 (described below in more detail).

If the LA has made a statement, or has changed a previous statement, you
can appeal against any or all of:
The part which describes your child s special educational needs (part 2)
The part which sets out the special educational provision (help)
(part 3) that the LA thinks your child should receive.
The school or type of school named in part 4 of the statement.
The LA not naming a school in part 4.
Important please note that if you disagree with parts 2 or 3 of the statement, you will need to give reasons why and explain what changes you would like made.
If you disagree with either the school named or the type of school described in
part 4, then you will need to ensure that you tell us the name or the type of
school you want your child to attend. We will also need you to give reasons
why you think the school you have asked for is suitable for your child.
Making an Appeal
4
If you cannot name a particular school, we can take account of your wishes, if
you describe the type of school you want naming in part 4.
The LA does not have to name a school in part 4 of the statement if it is
satisfied that you are making suitable alternative arrangements for your child s
special education as set out in the statement. If, in that event, you are
unhappy that the LA has not named a school in part 4 then you will have to
explain why.

Are there any issues the Tribunal cannot deal with?
Yes, you cannot appeal to us if:
You are unhappy about the way the LA carried out the assessment,
or the length of time that it took.
You are unhappy about how the LA or the school is arranging to provide the help set out in your child s statement.
You are unhappy about the way the school is meeting your child s needs at School Action or School Action Plus.
You are unhappy about the description in parts 5 and 6 of the statement of your child s non-educational needs or how the LA plans
to meet those needs.
The LA will not amend the statement following an annual review.
The LA refused to name an independent school (which normally charges fees for a child s education), a non-maintained school (a special school that normally charges fees) or a different type of school (e.g. a special school when your child currently attends a mainstream school or the other way around) where you asked for a change to part 4 in a statement that was at least a year* old.
With regard to the last two bullet points, you would need to ask your LA to
reassess your child and appeal to us if they refused that reassessment or
if you remained dissatisfied at some later point in the process of amending
your child s statement.

IPSEA are going to be the best source of specifics though.

PheasantPlucker · 04/05/2009 18:53

Good luck, I posted the same as you 2 weeks ago (Panel 21/4).

I hope all goes well, and you get the school you want, without the major battle.

TotalChaos · 04/05/2009 18:58

don't know enough to help on the technicalities but best wishes for the panel meeting, and sorry your DD is currently so unhappy.

ilovesprouts · 04/05/2009 19:50

just like to say my little boy has got earley entry into a sn school he starts in september and hes not 3 till december

Blossomhill · 06/05/2009 21:35

Her needs have changed dramatically on her statement it says she has s & l delay and now has an AS dx.
Rang today and find out tomorrow once it has been through ratification. how did yours go pp?

OP posts:
Blossomhill · 06/05/2009 21:40

will reply individually just had loads of things going on but thanks ladies for all of your valuable support as always X

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busybeingmum · 06/05/2009 22:46

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PipinJo · 07/05/2009 00:58

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Message withdrawn at poster's request.

PheasantPlucker · 07/05/2009 11:54

Blossomhill, I do hope all goes well.

We were very lucky, the panel agreed to dd going to a school of our choice in the neighbouring borough, for children with a dx of VI, and associated issues. (I believe you are locaish to me, so you might be able to guess which one!!)

Best of luck x

pagwatch · 07/05/2009 12:00

I hope all goes well. I can't help with advice or experience. I never really had this issue as DS2's needs are so severe a mainstream school was totally out of the question. But fingers crossed for you

TotalChaos · 07/05/2009 14:44

best wishes with the decision.

Blossomhill · 07/05/2009 17:26

Unfortunately they turned us down and said that the current school is meeting her needs. Not sure what to do now

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daisy5678 · 07/05/2009 17:29

So sorry

What you do now is request a re-assessment as her Statement is inaccurate (doesn't have the ASD on it) and also think her needs need re-assessing as they are not accurately reflected on the Statement and are also not being met.

IPSEA website has template.

busybeingmum · 07/05/2009 17:41

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Message withdrawn

TotalChaos · 07/05/2009 21:19

sorry they turned you down, looks like you are in it for the long haul. I don't know anything about the technicalities so can't help on that score. I know there are a few posters on here who went to tribunal and got their kids funded for private specialist schools, hopefully they will see this at some point.

jenk1 · 07/05/2009 21:56

hiya BH sorry they turned her down for the school you wanted

as givemesleep said you need to request a reassessment now especially as she has a dx of AS, and hopefully they will agree to it otherwise its down the tribunal way.

sorry BH i know how upsetting it is when they wont name the school you want but you can do it,both me and bonkerz did and we got our DC in the school we wanted eventually.

what swung it for us though was having a private psych assessment of DS,dont know if you,ve thought of going down that route?

jen
xx