Hello any help would be really appreciated - tribunal is 10 days away. The deadline for filing evidence was 12:00 on 26th May. I had been anxiously awaiting a report from GOSH Neuro Disability Assessment Service which diagnosed my Dd age 9 with Autism Spectrum, low cognitive skills (1st and 2nd percentiles), Hyperacusis, anxiety & self esteem issues. This is on top of previous diagnoses 's of Auditory Processing Disorder (spatial processing subtype), mild dyslexia, visual processing issues. The day before the deadline I requested an extension of a few days in which to file evidence, as GOSH were indicating the report would not be signed in time. As it happened GOSH were able to get the report signed and faxed to me on the day of the deadline, however it was past the 12:00 deadline. I emailed the report to SENDIST and Baker Small at 12:07 along with a note explaining this was the report I had been waiting for, and had filed the extension for. I breathed a huge sigh of relief and thought everything was good. Yesterday I received a direction back from the court advising they would not allow an extension. I checked the case file/pack I received from Baker Small and the GOSH report was not included. I tried contacting Baker Small (but no answer there for obvious reasons), and SENDIST who said the case file had already been prepared by the LA and I should talk with the LA, and I spoke with the LA who said that BAker Small had prepared the case file and there was nothing they could do. I today again emailed the GOSH report to SENDIST, and to the LA directly (rather then via Baker Small who the LA have now suspended), and asked if the report could be submitted as evidence. I attached a copy of my original email to SENDIST and Baker Small that included the report and was dated at 12:07 on the 26th may deadline date and I advised that I would be taking 5 hard copies of the report to the hearing in 10 days time. Is there anything else I can do to ensure this report gets admitted? It is my most important piece of evidence. Any advise would be gratefully received!!!
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SENDIST tribunal imminent - Baker Small and my most important report not admitted as evidence.
Sparky17 · 17/06/2016 23:00
Exactly the same happened to me wrt submitting GOSH report, OT report and other final evidence on the day of the deadline but not by 12 noon. I made a mistake and thought that the deadline was for 5 pm the same as all other deadlines 
. It's because the Bundle seems to still be sent out by SENDIST rather than LA and is sent to arrive 10 days before hearing so the evidence deadline is more 'evidence to be included in the Bundle' rather than 'evidence that will be considered by panel'.
I don't think the panel actually read the reports that I had emailed to SENDIST but they accepted the hard copies of evidence and read the reports at the start of the hearing. When it's appeal of statement/EHCP it is usual for the working document to continue to be amended until the day before hearing and you may find that the LA come to hearing with a new proposal that you have not had time to consider. Unless there are very few points of contention remaining, the Judge will usually advise 'both sides' to see if they are able to negotiate any further points of agreement and then rule on remaining issues. My LA might be particularly disorganised but there was lots of time on the day where we were not in the hearing room and so the panel were twiddling their thumbs.
tbh the Judge was unimpressed with the report and diagnosis and said it was just confirmation that DS2 had an ASD and that as the school/LA had always assumed he would be diagnosed, that this was not a 'game-changer'. I then had, from the Judge, an explicitly stated view that DS2's significant issues with concentration and attention and significant underachievement were to be expected because this was a m/s school and limited in what it could do, and, because DS2 was autistic - so what did I expect? 
Hard to believe that your LA is hiring BS at this stage - did they carry out assessment and then say EHCP was not needed? Unless the key defence of the LA was to claim that your DC was NT, I would not expect them to concede due to diagnosis. Low cognitive skills can actually be used to justify lack of progress if you argue that poor progress/regression means that your DC needs more support. Hopefully, the Judge will think this is overkill and be on your side. 
Good luck for the hearing 
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