Case Study 32

Supporting a family with a B, F and I tribunal appeal

SENDIASS had previously worked with this family during the summer of 2024, when they had moved back to the UK due to safety issues in Ukraine. They were seeking support for securing a school place and accessing further assessment for their son, who had received a diagnosis of autism whilst there.


SENDIASS had previously supported the family with submitting a parental request for statutory assessment and worked with them to increase the child’s time in school.


The family and their support worker then recontacted the service when they had received the draft EHCP for their child and needed further advice and information regarding their options going forward and a new case was opened.


The child was attending a mainstream school although still only part time, due to their complex needs. The parent was again keen to understand how to increase their child’s time in school, who was now of statutory school age. The legality of part time timetables was addressed and SENDIASS provided guidance on how to challenge this, using our factsheet number 9 https://www.iasmanchester.org/factsheets 


During the statutory assessment, the child’s parent had expressed a preference for them to remain in a mainstream school with a high level of support. However, after discussion with SENDIASS and encouragement to visit specialist schools the parent decided that their needs would be best met in this type of setting. In the family’s home country specialist schools are quite different to those in the UK and the parent felt very reassured after visiting several schools that this would be the best place to meet their needs.


During these discussions with the parent, SENDIASS liaised with their family supporter as although the parent’s spoken English was good, they needed some support with the appointments and paperwork. Several of the SENDIASS factsheets and linked relevant podcasts from the website were used to help the parent understand how to check the draft Education Health and Care Plan (Factsheet 1 Education, Health and Care Plans and podcast series 2 number 6 https://www.iasmanchester.org/podcasts 


Despite lengthy concerns regarding sections B and F of the draft plan, including concern that there had been no report sought by the SEN team from either the Speech and Language service or Occupational Therapy, the LA issued a final EHCP, which the family felt did not adequately describe the child’s needs or provide the correct special educational provision.


SENDIASS explained the process for a B, F and I appeal using both our written resources (factsheet 10 and appeal tribunal appeal notes) and our podcast (series 2 episode 3 “What are the first steps in appealing toa SEND tribunal”?) and advised that the family first consider mediation which, although explained it would be unlikely to resolve section I, could help negotiate some of the issues around section B and F. 


SENDIASS advised that mum formally request that the LA commission an assessment by SALT and OT in order that more detailed support information could be identified in sections B and F. This would be particularly important if in the short term, as was likely, that the child was to remain in a mainstream setting pending the outcome of a tribunal.


Unfortunately, due to time constraints regarding the tribunal process and the waiting time for hearings, the family were advised to consider lodging a tribunal appeal immediately, whilst waiting for a mediation meeting to be arranged. 


This case was further complicated by the parent not having received the original paperwork for either the draft or final at the time they should have done. It was the school that alerted the family that these had been issued some weeks before.


On request, the LA did redact the right of appeal letter and this allowed the family to follow the appeal process and it was confirmed that there had appeared to be some administrative error that had led to this happening.


SENDIASS continues to work with the parent to help them prepare for the mediation meeting and to make sure that they can present their requests and concerns to the LA and to try and resolve as many of the issues with sections B and F of the EHCP as they can ahead of the tribunal appeal. 


A Ukrainian interpreter has been requested, and this is causing some delay to the mediation process. The tribunal appeal has now been lodged but unfortunately this is also likely to be delayed due to the current extremely high demand at SENDIST.


This case has again highlighted the difficulties facing families in trying to secure an appropriate school for their child, even where it is clear from all the professionals involved that a child requires specialist provision. The families are in a position that unless an appeal is lodged, they are unlikely to be prioritised if and when places become available. 


Unfortunately, it is the current situation that families such as this one are routinely having to lodge appeals with SENDIST to try and secure the correct school provision. This situation is also having a direct impact on mainstream schools and the number of complex needs pupils they are catering for.

SENDIASS Support/information

The SENDIASS website for parent/carers, YP’s and professionals has lots of relevant information with links, podcasts and factsheets. https://www.iasmanchester.org 

       

There are several ways parent/carers can gain information and knowledge. SENDIASS Manchester Information is shared verbally through volunteer parent groups:


  1. Manchester Parent Carer Forum – For Parents and Carers of Children and Young People with Special Educational Needs and Disabilities (SEND) Aged 0-25 in Manchester
  2. Manchester Parent Champions (on Facebook)
  3. Manchester's Local Offer  
  4. The SPACE Group | Help & Support Manchester           

             

SENDIASS also attends local drop-ins in North, Central and South Manchester.



SENDIASS is contactable on the 24-hour answerphone call back service 0161 209 8356 , email sendiass@manchester.gov.uk and via our contact page through the website Contact us (iasmanchester.org)