Experiences after the appeal had been settled

In our sample, parents reported varied experiences after the appeal had been settled. Some reported an improved situationfor their child, others reported a continued effortto ensure the LA provided the support agreed during the appeal process. Four, of the five in our sample that lost their appeal, reported that the situation for their child

remained difficultafter the appeal, as did a small number of those who had won their appeal but who concluded that it had been, as one put it, “too little, too late” (P48). The largest group reported that, after their appeal had been withdrawn/conceded or upheld, their son or daughter’s educational situation was improved as a result. The phrase “peace of mind” recurred in a number of these interviews, as parents were finally able to see their child thrive educationally with the additional support and/or new

environment agreed via the appeal process. Figure 41 is a case study describing an improved situation following a successful appeal.

Figure 41: After a successful appeal: improved situation (Sixth Form young person)

Young person’s strengths (parent

point of view) Young person’s diagnosed conditions affecting education Amazing sense of humour, can be

very helpful, very good with technology, skilled at computer games and building complex Lego models

Autism, Dyspraxia, Attention Deficit Hyperactivity Disorder, Speech and language difficulties

Situation for the young person’s education after appeal upheld

Following the appeal, the young person moved to a specialist independent Sixth Form College that could meet his educational, health and care needs. His mother reported that he was very happy and settled there and was making academic progress because of the support he received there.

Source: Parent interview

A second group of parents won their appeal but then had to continue to work with the LA to ensure that the support specified in the EHC plan as a result of the appeal process was put into place. Figure 42 provides an illustration of this.

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Figure 42: After a successful appeal: support pending (child of primary school age)

Child’s strengths (parent point of view)

Child’s diagnosed conditions affecting education Very polite and well-mannered,

very technically minded and willing to help others understand it too, musical, can be patient, can be gentle, strong-minded and focused

Learning difficulties, epilepsy, visual impairment, dyscalculia, dyslexia

Situation for the child’s education after appeal upheld

This child’s mother (P62) reported that, following the successful appeal, it was, “still full on, trying to get the provision in place. We are having meeting after meeting at school. It’s very stressful.” The provision was one-to-one support throughout the school day, a specialist teacher to provide support for the dyscalculia and dyslexia, an iPad to enable the child to type instead of writing by hand, and speech and language therapy.

Source: Parent interview

Among those few in our sample (5) that had lost their appeal one reported that the Tribunal’s decision had resulted in their child’s educational situation having improved, even if not by as much as they had hoped, had the Tribunal upheld their appeal (Figure 43).

Figure 43: After losing an appeal: improved situation (child of secondary school age)

Child’s strengths (parent point of

view) Child’s diagnosed conditions affecting education

Very talented singer; very good at sports; very kind; loves the family; brilliant with young children; happy temperament

Attention Deficit Hyperactivity Disorder; Opposition Defiant Disorder; General Anxiety Disorder;

Obsessive Compulsive Disorder

Situation for the child’s education after losing the appeal

The child started at the special school named in the EHC plan. This was not the school the parents had wanted for their child. The parent reported that sometimes the child struggled at school and came home saying, “I hate that school”. The parent said that the school was more accepting of her child than had been the case at her previous mainstream school. “It’s not what I wanted for [my child] but it’s better than where she was before.”

Source: Parent interview

In the four other cases, the situation after the appeal had been lost remained difficult for the child or young person. The case study in Figure 44 is of a child who was

permanently excluded within two terms of starting at the school named in the statement and upheld at Tribunal.

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Figure 44: After losing an appeal: Situation worsened (Primary school-aged child)

Child’s strengths (parent point of view)

Child’s diagnosed conditions affecting education Really good memory for things

interested in, comedic and funny, quite confident in interactions with others

Autism Spectrum Disorder, with very high anxiety, that can cause challenging behaviour when stressed

Situation for the child’s education after losing the appeal

Following the appeal, the parents registered the child at the school the LA had named in the statement67_{. The mother met with the head teacher and deputy head teacher before} term started. At that meeting, she reported, they told her that the school could not meet her son’s needs: that the school representative that had attended the Tribunal hearing had not been aware of the statement. Nevertheless, the child attended the school but within one term, the boy had received a fixed-term exclusion, then another shortly afterwards, and before the second term was over, a permanent exclusion. Once permanently excluded, he received only two hours tuition per week. During this time, while the LA, “kept suggesting inappropriate schools”, the child’s mental health deteriorated, requiring treatment though CAMHS and a referral for a clinical psychologist assessment. The mother’s mental health also deteriorated, requiring support from Adult Mental Health Services. At time of interview, the child’s situation had not been resolved.

Source: Parent interview

In Figure 45, the case study is one where the parents deregistered the young person from school, rather than have the young person attend a school the parents believed could not meet his needs. This response to losing an appeal was not unique in our sample. In one of these other cases (P70), the LA took the parents to court for non- compliance with the Tribunal order. When it was proven in court that there was no case to be heard, because the order was to the LA, not to the parents, the LA then tried to prosecute the parents for the young person’s non-attendance at school. The LA had, unbeknown to the parents, registered the young person at the school named in the EHC plan. This, too, was dismissed as an LA does not have the power to do that. The mother reported that, after the case had been dismissed, the LA’s Education Welfare Officer, wrote her a letter stating that he would never apologise.

In Figure 45, the LA concerned also threatened legal proceedings but withdrew these following a complaints process. Eventually, in this case, the LA and parents found a placement that both agreed suited the young person’s needs.

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Figure 45: After losing an appeal: De-registered and home schooled (young person of secondary school age)

Young person’s strengths (parent point of view)

Young person’s diagnosed conditions affecting education

Very amusing, he likes people, very observant and thoughtful, good focus and knowledge about what he is interested in,

affectionate.

Asperger’s Syndrome

Situation for the child’s education after losing the appeal

Having had their decision upheld, the LA expected the young person to attend the school named in his EHC plan. The parents were to transport him there. The parent reported that, “The LA tried to bully us to send him, using the threat of legal action. They told us the Tribunal order was legally binding on us. [In fact, the Order is binding on the LA.] The parents refused to register their child at that placement but spent “the most horrendous 9 months ever” waiting for the threat of legal action to be dropped by the LA. (This happened following a complaint to the Head of Statutory Services.) It took a full school year following the appeal before a placement was found that both LA and parents agreed met the young person’s needs. At time of interview, the young person was reported to be doing very well there, having settled in following a series of transition days.

Source: Parent interview

Parents who had experienced more than one appeal are the topic of the next section.