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Tribunal Deadlines - Think I Have Messed Up :(


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#1 Carrera74

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Posted 10 April 2014 - 07:39 PM

Hello, I'm back. In tears as I think I have messed up sad.png I need to sound off as I need to vent this somewhere out of earshot from DS.

 

The local authority pulled out of tribunal with a month to go back in December and I received the final statement in January.  A month later I received a letter to say that they were ceasing his statement. I contacted IPSEA and they were as amused at this as I was as all his needs are the same, there isn't one reason that the code of practice lists that matches him.  I have been contacting the authority regularly to ask what the reasons are for the statement ceasing and haven't had anything back except about a month later they finally stated that they wanted to give me the right to appeal?!

 

Anyhow, tonight I have collated everything and was putting the finishing touches to my pack before sending it off when I have reread the letter they delivered and it says I had two months from the statement date to appeal not the date I received the letter.  I have looked in the code of practice and it does say you have two months from the statement to appeal but I assumed, wrongly I fear, that I would have two months from the date of the letter as I wasn't appealing against the statement - that was perfect as they made all the amendments before I pulled out of Tribunal.

 

Does anybody know when the two months appeal period should be from - the correct statement or the letter I received?

 

I am going to ring SEND tomorrow to ask their advice as I think I can submit a late appeal and it will go to a judge to decide if it can go further.

 

I am in absolute bits.  I know I have left it last minute to get it back but I just assumed I had two months to get it done.  I wanted to see how he got on trying to go to college before stating my case and for extra evidence sad.png  The last month has been so stressful.  It's hard enough day to day without the extra stress the authority put on us making us try him at college.  It's damn cruel on all of us that's for sure.

 


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#2 Coco loco

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Posted 10 April 2014 - 10:22 PM

Oh what an awful situation you have found yourself in. I didn't think they could just cease a statement, I thought that decision could only be made at a review. Your appeal rights must be from the date you are told they are ceasing the statement - having just looked at my tribunal pack it does say 2 months from date of letter informing you of decision.
I really hope you are able to get a clear answer ASAP and proceed with your appeal.

PS I have sent you a PM
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#3 imperfect parent

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Posted 11 April 2014 - 07:27 AM

Oh what an awful situation you have found yourself in. I didn't think they could just cease a statement, I thought that decision could only be made at a review. Your appeal rights must be from the date you are told they are ceasing the statement - having just looked at my tribunal pack it does say 2 months from date of letter informing you of decision.
I really hope you are able to get a clear answer ASAP and proceed with your appeal.

PS I have sent you a PM

I agree, the date of appeal runs from the date of receipt of the letter.  Having said that it is assumed that you have received a letter 2 days after the date on the letter unless it is sent by email, in which case you have the date received on record.  Always check the dates on correspondence; we have had so many with inaccurate dates.

 

Put your appeal in clearly stating the date you were notified of their intention to cease to maintain.


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#4 Carrera74

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Posted 12 April 2014 - 01:00 PM

Just an update for anyone who finds themselves in a similar position.

 

I contacted the SEND helpline and they confirmed that if the LA are proposing to cease a statement then you have 2 months from the date of that letter to appeal.

 

My LA are wrong and had put incorrect information on their letter.  They can't give me two months notice from the statement that was written a month before they made their decision to cease the statement.  



#5 Coco loco

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Posted 12 April 2014 - 05:52 PM

I'm so pleased you have been able to clarify this and are able to proceed with your plans to appeal - good luck!
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#6 Lizbet

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Posted 14 April 2014 - 09:09 PM

Good luck with your appeal :)


Edited by Lizbet, 14 April 2014 - 09:10 PM.

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#7 Carrera74

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Posted 23 April 2014 - 12:13 PM

Thank you :)

 

Just waiting for the directions to come back now.  Assuming they'll accept the application.  I didn't put loads of information in, just enough hopefully to be able to lodge the appeal.  I've booked Friday off to get the case together so it's ready in good time.





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