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It appears we're off for a Judicial Review

(16 Posts)
asdx2 Fri 03-Jun-11 11:39:19

Now past the deadline given for them to issue an amended statement (almost 6 months after AR)so it looks like we are off to court.
Anybody else done this? What's it like? What happened?

direlahere Fri 03-Jun-11 20:59:56

Not yet but nearly there ourselves, good luck asdx2 wish I could offer you more but please will you keep posting your progress?

StarlightMcKenzie Sat 04-Jun-11 18:22:06

What is the deadline? We're 2 months in!

StarlightMcKenzie Sat 04-Jun-11 18:22:32

No, 3 months in.....Lost track!

asdx2 Sat 04-Jun-11 18:27:29

Our solicitor sent a pre action protocol letter giving them a week to issue the statement, they asked for an extension so she granted them 4 more days now that second deadline has been passed without anything from LEA so we are off to court even though I was assured that they'd avoid it like the plague.
Apparently from the legal board on here there is a three month deadline for JR generally but because I was assured that I'd have the amended statement after a panel meeting in May the three months starts from then for us.

StarlightMcKenzie Sat 04-Jun-11 18:33:28

I'm sorry, I'm trying to figure out what you mean.

We had our AR on 18th March and it's almost 3 months. When are we to expect our ammended statement legally?

So sorry you're being made to go through this. It's just one draining thing after another isn't it?

asdx2 Sat 04-Jun-11 19:29:53

Normally our amended statements have arrived within a month or six weeks at the latest.I don't know what the expected timescale is but three months seems to be pushing it to me and if it's a phase transfer as ours is the school has to be named by 15th February.
It's one thing after another because when I finally get the amended statement I expect to have to go to Tribunal.

PipinJo Sat 04-Jun-11 22:40:27

Message withdrawn at poster's request.

nicevideoshameaboutthesong Sat 04-Jun-11 22:59:48

Our 'final' statement was finalised on 9 March, we're waiting for it to be amended to contain the name of the junior school she's attending in September, no sign of it yet... they said we'd get one but we havent had one as of yet.

Is this something i should be blowing a gasket over? She's got a place in the school in Sept one way or the other because we went to normal admissions way and got a place that way too...

asdx2 Sat 04-Jun-11 23:10:59

Pipin yes they know that if it doesn't name the school I want I'm off to tribunal and they know they'll lose because they intend naming a mainstream college placement when he has had a specialist placement that is no longer enough to meet his needs. Even their own ed psych recommends a small specialist placement. But as it stands if we go to tribunal and they back down just before (as they will) they will have saved themselves probably in excess of 20 grand so you can see the motive can't you?

PipinJo Sun 05-Jun-11 09:56:43

Message withdrawn at poster's request.

direlahere Sun 05-Jun-11 10:19:36

It makes my blood boil reading these posts about how parents and children are treated by education authorities, sounds like this goes on accross the country, the education officers need to be individually accountable for the damage caused to children and young people and maybe then they would hesitate befoire causing distress to parents and damage to children's education. When will this be addressed I wonder? I fear it is going to become even worse with the changes the government plans.

PipinJo Sun 05-Jun-11 10:30:22

Message withdrawn at poster's request.

asdx2 Sun 05-Jun-11 11:01:17

The solicitor is talking about an expedited hearing for tribunal because of their timewasting but it will be November so he won't start until January at the earliest therefore saving the LEA a term's fees about £14,800 plus transport costs so about £20,000. It is absolutely criminal how LEAs get away with this sort of tactic because I think they do see it as a viable tactic certainly in ds's case it isn't non intentional because minutes from the panel show they discussed a placement that doesn't even exist as a potential placement three months after the deadline for the statement to be issued angry.

PipinJo Sun 05-Jun-11 12:23:26

Message withdrawn at poster's request.

direlahere Sun 05-Jun-11 15:01:29

asdx2 so sorry that costs are being seen in this manner, if I were in your position I would be absolutely fuming and from my own experiences I know how destructive this anger can be.

I could give you advice about not letting them rile you, sticking to your guns and calmly challenging them through the courts, truth be known I'd be fine giving the advice but would find it much less easy to take the advice myself!

I am such a ridiculously naive person, I don't understand how any educational "professional" allegedly there to support a child and it's education could behave in this manner. Thing is though if they have such low integrity that they do behave like this, what challenge is ever going to change the practice, seems endemic to me within education and this may just be my experience, I know other agencies make mistakes, but I haven't experienced or witnessed the same level of manipulation and bullying from any other agency.

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