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Good Luck babiki tribunal tomorrow

(27 Posts)
Scottishdancer Thu 14-Feb-13 16:01:57

Good luck, and happy birthday. will be thinking of you

babiki Sun 17-Feb-13 18:54:31

You know it looks if the tribunal will take this kind of hearsay evidence seriously, that it might be error of law - this is precisely what should not happen. From your description though I would say unless the panel were total ignorants, they must have seen through it.
Yes, our LEA sent a solicitor as soon as they saw we have a solicitor.

bjkmummy Sun 17-Feb-13 08:17:49

my EP emailed me afterwards - she said thatthe way my LA did the costs at the end was all wrong as well. They tried to say no transport costs to their school which i challenged and the tribunal agreed with me. they had no evidence of how much their figures were - they were working the costs out on the back of an envelope! also by the head just mid evidence talking about the unit placement my EP felt was like late evidence - thye had submitted no paperwork for the unit placement , the prospectus was a series of photos of the school and thats it so her evidence was the same as late evidence. think the tribunal let it go as I didnt want an adjournment. The head twittered on about how much her school had changed and how it was a different school now blah blah - she forgot until i reminded her that my elder son had stayed on with her for an extra year so I knew exactly all about the school. was also able to read a letter she had wrote saying she would never place a verbal child in the class she was now trying to place him in. she never responded to that and the other side didnt ask to see the letter. the panel also commented that i had submitted paperwork from the last time he was there - including letters to her asking her why my son wasnt in this fantastic unit but out in the mainstream. so in some ways i think okay maybe i have a chance but you just dont know. did your LA have a legal rep as well?

babiki Sun 17-Feb-13 07:51:14

Ours travelled together as well, must have been a good old gossip they were having smile. That is great if you feel the member panel was receptive to your final speech. I also talked at the end, solicitor said it was good bit I'm not sure. You know I can't possibly imagine they would name the same school where he was failed already, even if it's unit - surely they must have seen through the Head...and the cost is not that great as some other schools. What suprised me that the solicitor said appeals to Second tier Tribunal are only possible in case of error of law - for example in our case he insisted the Tribunal should not have placed great siginificance upon the LEA claiming that Premium funding for ds for secured for more hours that at present - as there was no evidence for it, they just asserted it. He had a case law stating this...

bjkmummy Sun 17-Feb-13 00:00:18

The LA SEN officer, head teacher and EP all travelled together to the tribunal - would have loved to have been a fly on the wall to that one! The LA just made it up as they went along which was pretty shocking. I gave a good final speech as I spoke from the heart plus my expert passed me little post it notes. The lady on the panel was visibly moved after I had spoke. I felt that no one could know the case as well as me plus as we didn't qualify for legal aid we couldn't afford the cost of a solicitor after paying out for the reports etc. There was one of the panel who asked a lot of questions of the LA but my main issue is cost - my placement is about 30k more so if the LA can show there school can meet his needs I'm screwed but I don't think it can plus he's already been there and failed and was bullied. The head lied through her teeth of course. She shot herself in the foot when she sat and gushed about how amazing my school was and she was envious of all they could offer and she would welcome phoning them to ask advice on my son!

babiki Sat 16-Feb-13 23:28:33

Your plan sounds good - all children sorted. You are really good to represent yourself - well done. The solicitor did give us very good price as we used legal aid for the reports and initial paperwork. How did you find the panel members? To us it seemed that the judge was clearly irritated by the solicitor, one member was trying to question LEA little bot and the last one was coming to their rescue constantly... Yes I think you are right that it is impossible to predict, depending on my mood and stress levels my views change too. I am afraid we will be forever in the bad books with the LEA people as well, the ed.psychologist in particular was clearly offended that I questioned her advice and as we had to question Nhs OT report to support our argument, she will hear about that as well. I have realised they all know each other, exchange info and cover their backs.

bjkmummy Sat 16-Feb-13 22:49:55

We didn't have a solicitor as we couldn't afford it so did it ourselves. We will move I to the next county. My elder son at school in a special school there already. Could work out okay. I'm looking a a village which takes us just over the border so dh only have 4 miles to get to work plus boys would get transport and my daughter would go to the local village school with 30 kids! I think even if I win I may still move as my relationship with the people here is shot.

Everyone see,s to say the same - you really cannot call it which wasn't how I thought I would feel after it. Thought it would be more clear cut

babiki Sat 16-Feb-13 22:43:34

On subject of friends, I think they just don't get it how crucial it is. I have met someone from Mumsnet for a chat and it was so great to talk to somebody who knew what I'm talking about and slanting various LEA people together!

babiki Sat 16-Feb-13 22:41:17

You know I'm not really sure it went well if you know what I mean smile Yes the comment the make can be awful, to hint at troubles at home is really bad. I understand about the moving - would do the same in your situation! What does your husband and solicitor think of the result? Our was mildly hopeful but admitted there were cases where he thought he won and vice versa, so really impossible to predict.

bjkmummy Sat 16-Feb-13 22:14:59

We will hold hands now as we wait..... Im still confused. The head managed to slip in about 'things at home' which was a stupid statement to make. If we lose, we are resigned that we will have to move house so I'm going to spend the next 2 weeks on a mammoth declutter - will be good for my soul and home. My friends seem to have disappeared as well - not heard anything from anyone since tues!

I'm glad it went okay for you - seems to be the tribunal have good poker faces!!!

babiki Sat 16-Feb-13 21:05:54

Bjkmummy I thought about you, it was very weird. I have no idea if we were successful or not! Some points I hope we might have 'won', but on the other hand the judge was clearly irritated by our solicitor who was like a bulldog, so we shall see... Extremely difficult to remain polite in light of absurd claims from LEA such as that many children with GDD make amazing progress in 6-12 months and might not even need a statement and this poses high risk for them ( if assessed) of ending up in special school by mistake!

bjkmummy Sat 16-Feb-13 10:25:01

hope it went okay xxx

babiki Thu 14-Feb-13 23:30:40

Thank you all xx

StarlightMcKenzie Thu 14-Feb-13 22:50:59

Thinking of you. Good luck.

MareeyaDolores Thu 14-Feb-13 22:44:02

Fingers crossed for both of you.
Not fair though, even criminals get their verdict on the day.

salondon Thu 14-Feb-13 21:33:04

All the best Babiki

marchduck Thu 14-Feb-13 18:43:06

Good luck babiki - keeping my fingers crossed for you. Happy Birthday as well!
bjkmummy - hope you get good news soon

bjkmummy Thu 14-Feb-13 18:28:21

At our place there was a vending machine for snacks and drinks but the other side used them and I preferred to hide in my room. We got a 45 min break for lunch

bjkmummy Thu 14-Feb-13 18:26:24

At our place there was a vending machine for snacks and drinks but the other side used them and I preferred to hide in my room. We got a 45 min break for lunch

AgnesDiPesto Thu 14-Feb-13 18:24:09

Good luck. Yes take food and drink or money for the cafe - except you might not want to mingle in the cafe with the other side so taking your own is better.

babiki Thu 14-Feb-13 18:22:55

Thanks, didn't think of food - is there a lunch break? Yes I can imagine it's not all roses afterwards. It's really awful they don't say the 'verdict' on the day... Judging from my studies I can never predict an accurate outcome..

bjkmummy Thu 14-Feb-13 17:44:39

We were a bit shell shocked afterwards - did have a Chinese though and tried to relax but after months of preparation its over in a flash. Make sure you take some snacks with you - I ate a single minstrel all day which is not good!!

babiki Thu 14-Feb-13 17:31:26

Scottishdancer and everybody thank you, you made me cry over the meatballs smile Bjkmummy I remember your husband's birthday oh the date as well... did he feel like celebrating at all? Hoping the outcome will be in your favour!! Well apart from changing venue half an hour ago no surprises yet, so we shall see...

zumbaleena Thu 14-Feb-13 17:18:21

Goody goody luck babiki

bjkmummy Thu 14-Feb-13 17:00:54

Good luck xxxx must be th week for birthday tribunals as it was my husbands birthday on tues at our tribunal

PolterGoose Thu 14-Feb-13 16:43:54

Good luck and happy birthday thanks

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