I think I've completely f'ed up my dds tribunal - panicking

[Sootball]

Just received an email at 4 today notifying us that our LEA will hear our case on Monday the 20th. We have no chance to add information, including a whole load of reports from paeds etc which came through in the last week.

Bit stunned and lost. I've fought for our dd since she was born with brain damage. LEA have let her stay back a year but have refused any assessment so we applied to go to tribunal. Then this is the next thing we hear.

[fairgame]

I'm confused. Is this for a SENDIST appeal? Or is it for an LEA panel meeting?

[Sootball]

I'm confused too.

I don't know

[Ineedmorepatience]

Dont worry soot. This wont be the tribunal!

This is probably your LA sending your Dd's case back to panel to be looked at again.

They have probably done this because you have appealed and they could concede and agree to assess her.

The tribunal will send you information separately to the LA, continue with your appeal unless your LA tell you they are going to assess your Dd in writing.

Good luck

[2boysnamedR]

If it's not the proper sendist one - but a lea review tell them you need more notice.

[fairgame]

Last time i went to an LEA panel meeting i just took everything i had with me. I didn't need to send anything up front. Just take what you need with you and they will look at it while you are there.
The actual SENDIST tribunal will give you formal dates (and usually plenty of time) to have your evidence in by you will know the date of the hearing well in advance.

[Sootball]

I don't think we are invited. It's from a solicitor..sent dive minutes after the IPSEA helplines close.

I'm worried because I have additional evidence and I cannot figure out for the life of me how the f to get it to them in time.

[fairgame]

It sounds like an internal panel meeting then. Don't worry about it as it is separate to your SENDIST appeal. You don't need to get your extra evidence to them until the dates set out by SENDIST.

[StarlightMcKenzie]

You don't need to get it to them 'in time'. In fact I've never came across an LA (and I've lived and worked in many) who has any real concept of time anyway. It's like they go on special 'go slow' training.

[Sootball]

Thanks for the help last week, I spoke to her keyworker at daycare today who was listed as being a witness on this panel she hadn't been contacted at all.

The information they are taking g to panel is ages old, they keep writing that she doesn't need assessing as she has all the support she needs at nursery. But we didn't request a statement for her at preschool but to have in place when she starts school as requested by the head of the school we've picked. When we triggered the statement we didn't know we would win the appeal to have her start school a year later.

[theDudesmummy]

This is not a tribunal at all, it is something totally separate. When you have a tribunal you are notified from the tribunal office, not the LEA.

[Sootball]

It has a page of information with the tribunal letterhead?

And then a really lengthy solicitors document about their reason not to assess.

[Icimoi]

Assuming you did enter an appeal, when did you do it? You should have had a response from the tribunal around two weeks later setting out the timetable including the hearing date, which would have been around 18 weeks after you lodged the appeal.

Is the solicitor someone employed by the LA, or a separate firm?

[Sootball]

I sent the paperwork back on the 18th August to lodge an appeal against the LEA refusing to assess.

I was fairly certain the the paperwork said we had until the 23rd December to lodge any further evidence.

[Sootball]

Th solicitor is employed by the LA.

[bjkmummy]

re the tribunal - just double check your paperwork as there are a couple of forms that need to be returned before dec - my date is the end of oct and looking at your dates im guessing your deadline will be the beginning of nov

[Icimoi]

I think what you've received must be the official local authority response to your appeal. If you sent the appeal in on 18th August it will be treated as having been lodged at the beginning of September, so the response deadline will have been around mid October.

What exactly did they say in the email about something happening on the 20th?

[Sootball]

Nothing was said about the meeting on the 20th except the LEA was meeting. Rereading all the documentation today (I'm at work so can concentrate) I have dropped the ball on other getting a paed letter forwarded faster which I got on the 12th Oct but this meeting yesterday should have happened before as their decision as to reassess should have been with me by 5pm on the 17th.

That was the first deadline ans the LEA has obviously missed it.

[fairgame]

You haven't dropped the ball at all. You need to send evidence in as soon as you can but as long as it is in by the Final Evidence Date (set by SENDIST) then it's ok.
The decision that you were waiting for on the 17th would not be the decision to reassess. It sounds to me like it is just the initial evidence that SENDIST require from the LEA in response to your appeal. The decision to reassess won't be with the LEA now, it will be up to the panel at the hearing unless the LEA concede.
The final evidence is the most important date. On this date both you and LEA will send each other (and SENDIST) the evidence that you will be relying on to prove your case at the hearing. Until that date, there is time for both sides to collect and forward evidence as they get it.
Don't worry about any meetings that LEA have as these are separate to the Tribunal hearing. The LEA will try lots of tactics to try and stress and confuse you so you need to be on the ball. Do you have anyone supporting you through this such as IPSEA or your own solicitor?

[Sootball]

Thank you! So so much.

Our LEA is notorious. I've tried to call IPSEA for 3 weeks but not managed to get through. The LEA are focusing on the support she gets at preschool being adequate right now but failing to recognise the statement is meant to be supporting her when she starts school next year.

Her play skills are of a 2 yo, her attention span and concentration less, she has absolutely no independent play and her working memory is poor. She can recall items but usually months afterwards, not the day after. No concept of time or places. Can't draw a face, or form any letters. Recognises only the first letter of her name.

Falls frequently, no balance, poor fine motor, hemiplegic so uses mostly her left side.

I just want them to assess her. Sigh.

[Icimoi]

How has the LA missed the 17th deadline? It sounds like the email you got at 4 pm that day was the LA response, as you said there was a long document setting out their reasons for deciding not to assess. You didn't have to get the evidence to them by that deadline, what you're concerned with is the final evidence deadline which will be around 4 weeks before the hearing.

If you can't get through to IPSEA, try SOS SEN. They also run occasional drop in sessions - if you're anywhere near (I think they're usually places like Aldershot, Hampton and London) it could be worth going in with your paperwork so as to get it clear in your mind exactly what will happen re the appeal and what you should be doing. If you might qualify for legal aid, phone the Civil Advice line and you will be referred to specialist education solicitors.

[fairgame]

www.justice.gov.uk/downloads/tribunals/special-educational-needs-and-disability/HowToAppealAgainstSENDdecision_Jan11.pdf

This link should give you some further info about the appeals process.
Definitely get in touch with IPSEA. I think you can go on their website and book a telephone appointment. At least if you have a call booked then you know you will get hold of them!

[Sootball]

Wanted to report back.

I was out of the blue phoned at 9.15am this morning to ask if I had any further evidence as they LA was holding a panel meeting (I was put back from the 20th). I asked when (given their decision whether to assess or not had to be given by the 17th October at 5pm) and she sort of giggled and said that they were in the meeting room then and there and yes she realised they hadn't met the deadline for the decision review.

Thank heavens I brought the evidence to work with me - it was copied and sent within five minutes of her calling. They said they would make a decision today and let me know within a fortnight. If they still decide no then we proceed to tribunal.

I've also booked an IPSEA call.