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Sharing reports?

(17 Posts)
wannasay Fri 01-Mar-13 21:18:21

The LA sent a SALT to see DD in school with under 2 weeks to go to tribunal hearing. I signed a permission form for her to be seen but it didn't include anything about sharing reports on the paperwork. I spoke to the SALT after the morning in school and she told me that she would put her findings in writing for me but that there would not be a report submitted to tribunal as it was too late for evidence to go in now (we are days away from the hearing). Today I received an email with a report from the SALT and a request to the tribunal to admit as late evidence.

Is the SALT allowed to share reports about my child without my express permission in this case - given the LA sent her? I am so angry with the LA. It just proves how useless they are to be honest that they resort to this sort of thing. They aren't interested in my daughter, just defending their case.

inappropriatelyemployed Fri 01-Mar-13 21:22:35

Very interesting question. I have taken an issue like this to the ICO and got nowhere. I am currently challenging it with solicitors who are acting for free. I believe they don't, the ICO have just made excuses for them and shifted the goalposts each time they are challenged.

LAs do this all the time yet S&LT have professional and ethical obligations and should contact you for permission. They do so because the ICO don't want to know.

I would complain to the S&LT and ask her on what grounds she felt it appropriate to disclose confidential clinical information without your consent or knowledge and without you having a chance to check the veracity of the report.

wannasay Fri 01-Mar-13 21:32:50

I will thank you - I don't want to turn the tribunal into a circus and we have to focus on the correct information there and not turn this into an arguement about who did or didn't do what, but argghh I want to scream about the underhand and sly things that the LA are doing and saying now. I am normally a calm rational person.

Can you ask the tribunal panel to first obtain a satisfactory explanation as to why the visit and report was not done within the legal timeframes, before agreeing to admit the evidence?

wannasay Fri 01-Mar-13 21:42:38

I can ask I guess - I'm honestly not sure what tribunal are likely to see as us being petty though and I don't want to come across as obsessive but would rather be taken seriously. I hope that makes sense? I presume tribunals see this sort of LA behaviour all the time? If so do they open their eyes to it or do they wait for parents to point it out and complain?

babiki Fri 01-Mar-13 21:43:00

Interesting - never thought about it this way. Our LEA actually put as evidence all the NHS reports about ds, and I just assumed education and NHS are connected and can share...Now thinking about it, it must have been either the therapists or the preschool that gave it to them. So next time is it possible to say not to share with LEA?
Wannasay it's annoying they did that, certainly ask Salt. Maybe you can even tell the panel you are not happy with the late evidence? Not sure how they would view it though.
I have certainly learned for next time not to say anything to NHS therapists, they all know each other and inform each other. In our tribunal they actually used notes from TAC meting as evidence against us.

wannasay Fri 01-Mar-13 21:46:31

Yep, they are reporting TAC minutes as part of the evidence against us shock

babiki Fri 01-Mar-13 21:52:20

Wannasay and how did they get them?
After our TAC meeting somebody actually called and asked if they can be shared with education and I said yes, presuming they meant preschool!! Now I know exactly what happened: I actually said at the meeting we have decided to go to Tribunal - so either Salt or Ot must have been in touch with them about it sad
I think I will send an email request to all therapists involved not to share anything without our consent anymore.

wannasay Fri 01-Mar-13 21:57:04

School gave them to the LA who submitted them in evidence.

babiki Fri 01-Mar-13 22:05:20

Hmm it is common to do that then.
I wonder how would school (and in our case preschool) react if they were told not to do so in the future...

wannasay Fri 01-Mar-13 22:10:54

It's a hard one because in a tribunal situation then all the evidence should be available for consideration and if we stop them sending this in it won't reflect well on us for co-operation. I guess I am just angry because this report seems to say everything is OK with DD in class when I know it isn't. I do have lots of evidence to back us up but I just get so cross with the whole tactics thing here. This should be about DD, not about fighting a case regardless of what the evidence shows and making sure they get the evidence they want from it. When we need a SALT in school there is never one available.

Icedcakeandflower Fri 01-Mar-13 22:16:37

After a previous thread about something similar, I wrote to all profs involved and asked them not to share any info without my permission.

When they were asked by the LA to submit reports for SA, I was asked - but some were obviously put out, and said in their reports "as you may know Icedcake has requested no information be shared, but in this instance I have obtained permission etc"

I am wondering how this will make me look in any appeal!

babiki Fri 01-Mar-13 22:25:04

Wannasay, around tribunal it is just about case sad I knew from here what tribunal will be like bit it was still shocking to hear the total bull*hit they were coming up with.
Yes I would probably leave it for after the tribunal. Well I will definitely ask about TAC minutes not being shared anymore, that really made me angry.
Icedcakeandflower - exactly this is what I'm worried about sad. I have already created quite a reputation for complaining about NHS so-called therapies and now going to tribunal as well...

wannasay Fri 01-Mar-13 22:34:11

Yeah, thanks thanks. I am doomed to be a total stress head for the next short while...that will seem like ages to me no doubt. All I want is for DD to get better help. She's a good kid and tries so hard but is off their radar because she has excellent behaviour...but she totally struggles with accessing the work for multiple reasons. Apparently the fact she can hang her own coat up and sort out her book bag without support means everything is ok.

babiki Fri 01-Mar-13 22:43:48

Yep it's stressful. Good news is that often the panel sees through the rubbish and your hard work will be worth it smile.
I brought a big picture of DS to remind everybody why they are there, perhaps you can brung one too?
And good luck, remember statistically your chances are good, altough it may not seem so.

wannasay Fri 01-Mar-13 22:55:17

Thanks - that is a good idea. I will take one with me. DD was talking about it with me the other day (in basic terms) and she said to me "Mummy, tell the judge something from me, tell them I have autism and then they'll understand." It was just so simple to her that once someone knew then obviously they would make the right decision. I will make sure I get that story across because although it isn't in itself a revelation it shows how she really wants the tribunal to get it right for her and that she knows things are not right now.

bjkmummy Sat 02-Mar-13 09:21:03

Definitely take a picture. The panel even asked me if I had one as they said its good to see the child involved.

As someone who has just come out the other side of tribunal, I was shocked at the LA games. I couldn't believe that professionals could behave in these ways, was a real eye opener for me. However, now that I have had my judgement it is clear the tribunal saw straight through it all. They have seen every trick in the book. My LA were particularly bad that they changed the placement offered mid way during the hearing. I was so shocked but the tribunal were so poker faced and seemed so nice to the LA it freaked me out and I thought we had lost. When the judgement came the tribunal severely criticised them for behaving in such a way!

A friend said to me that during the tribunal process you get so used to the LA being horrible and trying to deceive you etc that by the time you get to tribunal its hard to think the tribunal will be neutral but there are and you will get a fair hearing.

Re salt we served a private report on our LA in good time for the tribunal. They then just ignored it until the deadline had passed for final submissions and then started to make an issue about it and tried to get an adjournment - the tribunal told them where to go! There are strict rules re late evidence and the la would have to show why they could not get it done earlier rather than they were just playing a game. I would respond to the tribunal and say you are not happy as the deadline has passed.

My la also changed their witnesses with days to go to the tribunal. The tribunal allowed it but made it clear they were not happy especially as the witness really should have been someone they were calling from day one. The tribunal are fair and I would object because what they have done is unreasonable and the rules are clear about late evidence so you are not be unreasonable by saying you object. Remember the la are wrong here not you, they are indeed trying to pull a fast one.

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