We lost the bloody tribunal :(

[babiki]

Solicitor said he thinks there are grounds for taking to Upper Tribunal, so thinking about it. Appatently the panel did disregard OT evidence and also put too much weight on hearsay evidence from LEA about the Premium fundind and the way it's allocated etc.

[bjkmummy]

Babiki, I am so so sorry xxxxxxxxxx take a bit of time to think things through and decide what to do next. If I had lost, I was going to appeal as well. Come back and let us know if there is anything we can do to help.

[sickofsocalledexperts]

Very sorry to hear that. I know 2 people who overturned at Upper and one who
Lost again. I would go for it

[bialystockandbloom]

So sorry

[silverfrog]

I am so sorry.

take some time to digest, and then come back fighting - whichever direction your fight takes.

if you decide to appeal, I am sure there are posters who will have good words of advice.

[babiki]

Thanks guys. I think we should go for it, but DH not convinced :)

[Icedcakeandflower]

As others have said, take some time to digest and decide what's best for your child and your family.

[ouryve]

Pffft :(

I've just caught up on your thread about the day, too.

[tryingtokeepintune]

So sorry to hear that.

[babiki]

Sickofsocalledexperts - can't find much info about the Second Tier online... Is it much the same as First tier - witnesses, evidence etc?

[coff33pot]

oh no I am sorry to read this

[OhYeaBaby]

[lougle]

How disappointing for you Why did the panel disregard the OT report?

[willowthecat]

Sorry to hear this - we lost our tribunal last week but bouncing back now and waiting to see if grounds for appeal. Even though we know rationally victory is hardly guaranteed, it's still a big shock to lose.... Our panel was very weak and did not ask any hard questions to LEA witnesses - seemed to think it was all just somehow true - handed down to Moses on a spare stone tablet etc.

[StarlightMcKenzie]

You have a bit of time. Digest, then go through the decision making a note of anything that jumps out of you as unfair, misleading etc.

I'm really sorry. There is a perception 'out there', that what the tribunal decides is somehow 'right' which is often very far from the truth, and hard to explain to those around you and in real life.

You should be very proud of yourself all the same. You fought as hard as you could with the tools that you could get hold of, for your child. That means a lot.

[babiki]

Lougle am not sure, didn't see it yet, solicitor said they didn't take into consideration... He said the findings are very poorly done and there are clesr errors of law - well in his opinion of course.
Willowthecat - yes, it's unnerving, isn't it? Let me know if you go for appeal.
Star thanks, yes I hope my DH will realise it in the end, he really though 'the truth' will 'win'. He is more upset than me.

[StarlightMcKenzie]

Well he probably doesn't want to appeal because he feels the system is corrupt/uncaring/stupid/biased/barbaric, and he'd be right.

Don't feel you have to appeal just because you have a case either.

I had a case, but didn't appeal our lost tribunal decision, because I was focussing on the overal outcome, not the fight.

I regret it, because it meant I had to leave justice undone and that is hard even now, but ds is better off, and we are better off as a family for not having continued at that point (We appealed again at the next AR instead, with new evidence).

[willowthecat]

We are in a similar situation in that it may be best to save precious time and energy for the bigger picture of helping ds get the best education but it feels wrong to walk away from injustice but really can't say for definite until i see the written decision and what an appeal would involve.

[frizzcat]

Sorry to read this

[moosemama]

So sorry to hear this babiki.

I second Star's last post and wish you all the best if you do decide to appeal, but equally hope that you can find another way to make things work without having to go through it all again.

[babiki]

Just had a two hour driving lesson and survived :)
Girls I'm thinking about your comments - maybe I could just eait 6 months and ask for assesment again... I'm just worried with our afwul LEA it won't get done in time to have statement ready before ds starts school... Have to find put more info about the decision and also about the process of Upper Tribunal...
Thank you all.
And Star, you are spot on about my dh.

[bochead]

[MareeyaDolores]

A loss at tribunal isn't a wasted effort.
It's very good training and practice for the tribunal that you win.
Whether that's second tier now, or repeat SA in 6 months

[StarlightMcKenzie]

And whilst your child hasn't yet got what he is entitled to, the services will keep on their toes just a bit more than they would had they never been challenged iyswim.