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Advice Needed Please

responding to LA case

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#1 jennybongo

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Posted 31 March 2013 - 10:52 AM

Hi,

 

I know Tribunal cannot make LA accountable for past wrong doings, they deal with the present evidence, I know that.

 

But, I am appealing part 2,3 and 4.The LA have submitted their statement of case.

 

I am writing my resonse to each point. The SOC starts with background and a chronology.

 

I have responded to that with LGO findings of mal practise, poor practise and unreasonable behaviour. I want to show SEND that historically they do NOT working with us in the interest of the child.

 

LGO also found that that the above findings say DS did not suffer a significant injustice. But, it was hard to prove as it was OT.

Is this relevant?

 

In background, they say about EP assessing DS. She made NO assessments whatsoever, her report was based on secondary informations and a snapshot observation. He wouldn't let her assess, but I assume you would have another attempt on another occasion?

 

Should this be put in also, it was in 2010 in his chronology. Is this relevant also?

 

I'll ask JR if we can have a tribunal thread :)

 

 

 

 

 

 


 


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#2 Jolly Roger

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Posted 31 March 2013 - 11:48 AM

I'll ask JR if we can have a tribunal thread :) 


Yes.

#3 imperfect parent

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Posted 31 March 2013 - 11:50 AM

It is useful to put the history in in brief.  You are not likely to discuss it in Tribunal, but it helps with setting the scene.  At our Tribunal the panel were critical of come of the LEA claims to have done what they could, because the evidence showed how they had delayed and denied at every step. 


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#4 Kadenza

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Posted 31 March 2013 - 02:07 PM

The EP's report being based only on secondary info is important. If the LA are not being clear about this, make sure that you are.

Our LA showed a level of deceit and cover up that we exposed in our response (For example saying the school they wanted had strong connections with a local specialist school. On contacting that school we discovered that their connections were as outreach only, and that the 'specialist' bit was that they were a sports college.). There were several other examples. I am sure our exposure in the paperwork lead directly to them backing down rather than have their deceit brought to the Tribunal panel.
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#5 jennybongo

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Posted 31 March 2013 - 04:10 PM

Thank you Kadenza and IP. I keep checking in here and it's really helpful and supportive. It means so much, even that has given me a nod in the right ddirection. I just need the confidence that I am doing the right thing.

 

Kadenza. Why did you need the solicitor? You sound like you knew what you were doing. I am worried I haven't got one. In fact to involve one would be annoying at this stage, as I know everything I have got on my computer from old emails to references on reports that the solicitor wouldn't know about. I'd have to spend hours copying or scanning it all and putting it together for them, where as I might as well do this myself, it takes so much time that I haven't got. 
I feel the only difference is that perhaps I wouldn't be as articulate as a solicitor! What are your honest thoughts there?



#6 imperfect parent

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Posted 31 March 2013 - 04:45 PM

I've been in Tribunal with a representative ( IPSEA), and without.

 

We found tribunal to be more supportive when we had no representative acting for us.

 

First time it was useful, but because DH is a very calm and articulate person when we appealed the note in lieu we decided to go it alone in case we needed to appeal placement at a later date.  We were helped a great deal by our witnesses who were professional.  The experience of our EP was invaluable, and we were successful in our appeal.

 

You need to be very clear what is needed and why.  You have to stay focused, which is very hard when LEA reps become personal.

 

If you are confident speaking in a meeting then there is nothing to fear from Tribunal.  If you can get support from IPSEA or SOS SEN I would.  Our local PP will also support in Tribunal, but again we were saving this for a second tribunal.

 

Have a look at the SENDIST website for accounts of previous hearings, and decision letters.


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#7 Kadenza

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Posted 31 March 2013 - 05:25 PM

We probably could have done it without a solicitor, TBH, but having had Boo at home 24/7 for months by then because she had no school to go to apart from the one we didn't want, we were mentally and physically exhausted, and felt we needed the extra support of KNOWING we were doing everything we could, rather than just THINKING that we were & hoping for the best.

xxx
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#8 jennybongo

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Posted 31 March 2013 - 05:38 PM

So much insight, thank you ladies. I am feeling more and more confident that I can do this alone, I know what DS needs and the evidence is stacked up against the LA. I will carry on just doing what I am doing and referencing and evidencing everything even down to LGO findings of mal administration and poor practise and tribunal criticism of LA in the last hearing.
 

I have everything I need, it's just painstakingly slow..remembering what name files are saved under etc...duh..I'm not the most organised person but will get there!



#9 Max's Mummy

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Posted 05 April 2013 - 04:58 PM

We were at a Tribunal 2 weeks ago (which we won!!!!!! :celebrate: ) and the Panel were very critical of them, to their face and in the decision report, about how they had withheld info, removed provsion a previous tribunal had awarded with no evidence to do so, LGO complaints, failed to meet deadlines and worked against the best interests of ds. A lot of this was evidence from our previous hearing which we sent in and the panel asked a few questions of the LA which we knew originated from this evidence so I would say Yes, definitely send it in. They'll understand what b******s they've been.





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