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Note in lieu?

(14 Posts)
mariamma Tue 25-Sep-12 23:00:08

LEA are nearly done assessing DS (asd plus various comorbidities) and we're anticipating a probable note in lieu, which we would appeal. Next stage would clearly be a rubbish statement, with a second appeal for that.

Private ed psych is due to go in in 14 days. We can't afford to get her back in 6-12 months, so need to decide now whether to postphone her visit till later

Does the eminent panel feel we should

a) go ahead now, in the hope that LEA will read scary expert report and issue a duff statement straight away, kindly saving us the bother of appeal no 1.

b) postpone visit to last possible date, hope to win NIL tribunal, with fingers crossed for speedy issue of duff statement so we can get cracking with tribunal no 2.

[voting phonelines open at 23:00 wink, please hold for 6-12 months then select options a or b. Calls may cost your sanity, and all profits will be donated to the LEA]

mariamma Wed 26-Sep-12 00:10:17

Shameless bump in case any insomniacs can help me grin

ilikemysleep Wed 26-Sep-12 15:08:50

If the Ep goes in now her report would still be valid in 6 months time anyway, surely?

schobe Wed 26-Sep-12 17:25:24

What about telling statementing bods you are getting the report and asking if they would consider its findings in their proceedings.

Then when if they say no they will look obstructive at either or both tribunals.

AND it may frighten them into at least going for the statement rather than the NiL.

Then you could hold on getting the ed psych in and see if they send you a NiL or a draft statement. If it's a NiL are you v confident of winning at tribunal or would it be safer to get the ed psych report in to be sure?

I can see why you're hesitant as they could string this out for bloody years then say the report is out of date.

AgnesDiPesto Wed 26-Sep-12 21:53:21

Gut feeling is postpone EP for few months. Put in the appeal against NIL on info you have. They make back down (we got refused SA and they backed down as soon as Tribunal told them we had appealed). Sometimes its a financial decision - is it worth hassle of tribunal or shall we just cobble together a duff statement to get rid of her. Once you've put the appeal in likely to be 6 month wait for a date (you can ring SENDIST and ask when they are booking to) and usually have to exchange reports 4-8 weeks before the date so you could then rebook the EP for 2-3 months before an appeal would be heard. Of course if you ask, and get, the date expedited then you would have to rebook earlier. That way you have a better chance of getting the EP report to be current for both appeals if necessary. IME refusing statements has nothing to do with evidence and everything to do with policy so if they are determined to delay then an EP report won't change their tactics, they will still drag it out.

StarlightMcKenzie Wed 26-Sep-12 21:58:29

Wot Agnes said. Delay the EP. It won't make much difference at this stage, but you risk needing to pay twice.

AgnesDiPesto Wed 26-Sep-12 22:23:29

I was also told it was good if your EP report was the most up to date report - and to try and avoid anyone seeing DS between our EP and the tribunal. LA EP never saw DS after first statutory assessment so his report was a year out of date by time we got to tribunal.

mariamma Thu 27-Sep-12 00:35:18

Ah, thank you very much my expert team of advisers. Will get on phone to EP then...

mariamma Fri 28-Sep-12 16:47:46

Phoned them. NIL recommended by panel. Written decision 'will be posted within timescales'.

Have done appeal form, recycled much of my mahoosive bundle for failure to assess into a NIL appeal bundle, and turned previous reasons for appeal into new reasons for appeal.

And calculated postage on bundle! So all ready to go when the letter arrives, just need to photocopy it to attach.

'Will post within timescales' will drag out till the absolute last second for no reason whatsoever biscuit. I won't hold my breath for the postman then wink

mariamma Fri 28-Sep-12 16:49:30

Ah well, bit longer to persuage EP to consider taking MasterCard blush

StarlightMcKenzie Fri 28-Sep-12 18:34:20

NIL <sigh>

Good you're organised, as we're all running out of time. I'd advise getting on with it. Have you any reason to request an earlier hearing?

AttilaTheMeerkat Fri 28-Sep-12 19:10:05

DO not accept any note in lieu - its not worth the paper its written on.

mariamma Fri 28-Sep-12 22:38:48

Atilla, no fear of that!

Honestly, have these people never heard of the risk they run in messing with a MNSN poster? Accept a NIL, my a***. I'd sooner trade my granny in for a 1930s Latin primer. It'd be as much use.

mariamma Fri 28-Sep-12 22:39:37

Star, ideas on a postcard welcome for earlier hearing justifications...

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