I am probably just not thinking straight but I have these figures for a few different years for my LA and my addled brain can't work out the different 'results'...
So for appeals against refusal to assess (37 in the period): 18 are 'upheld' 7 'not opposed' 10 'withdrawn following negotiation' 1 'dismissed' 1 'struck out' 3 'decision awaited/not heard yet'.
Does 'upheld' mean the tribunal ruled in favour of the parent appealing - ie the LA was told to go ahead and assess? (Or does it mean that the LA's refusal to assess was upheld - ie the LA 'won') What is the 'not opposed' category - did those go to a hearing? I think I get the 'withdrawn following negotiation' one - the parent withdrew the appeal (because the LA agreed to assess? or for another reason?)
Also by a bit of digging I have found that the person who 'deals' with tribunal cases in my borough was a solicitor who has been 'suspended from practice for an indefinite period' - don't know if that is the same as being struck off...
I'm no legal expert either, but I'd also think "upheld" would mean found in favour of parent, as it would refer to the claim (ie appeal) being upheld. I'd also assume that "withdrawn following negotiation" means parents withdrew appeal because the LA agreed to assess before tribunal.
Don't know what 'not opposed' means though. Maybe you could ring SENDIST and ask them?
If, out of 37, only 1 was dismissed (ie found against claimants) that is very encouraging!
Hopefully others will come along who might shed more light on this.
with regards to 'not opposed' I would say that this meant once the la was notified of an appeal from sendist they conceeded straight away without need for further negotiation, ie they didnt oppose the appeal. that is also very encouraging! can I ask how you found these results? I would be interested in finding out my LAs. thanks
sticksandstones and INeed I came across the figures for my LA by googling and it was info from a FOI request posted on a blog - so quite random really. It is also a bit old info as the figures are for 6-8 years ago but I have a suspicion that for my LA the pattern has remained much the same - the same 'struck off' solicitor is still employed by my LA as their 'legal representative.'
And thanks to ouryve links posted above I have also found that my LA is consistently in the top 5 of 'most appeals per 10000 of school age population' ....
From those links I am also amazed how few (at least of appeals against refusal to assess) actually go to tribunal and the number that are 'unopposed' or 'withdrawn'. And if I then add in the slightly more detailed info from my LA's figures for the year 2006-7, of a total figure of 87 appeals, only 42 went to tribunal, and of that 42, 35 were upheld, 1 was dismissed, 1 struck out and 5 were awaiting a decision.