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Tribunal help needed!! Case law question

(12 Posts)
Ineedmorepatience Thu 27-Nov-14 17:06:29

Does anyone know any case law for unspecified hours on a statement?

My friends Dd has 15 hrs but it says something like "Band x, or the equivalent or 15 hrs teaching assistant time."

My friend has appealed and is putting her case together.

Hope someone can help smile

uggerthebugger Thu 27-Nov-14 17:14:40

The 'Important Case Law' bit of the IPSEA website is a good starting point. Their important case law on banding is here

Specified & quantified provision issue: the two SENCOPs are pretty clear on this, but some case law if needed is here

Ineedmorepatience Thu 27-Nov-14 19:12:56

Thanks ugger grin

StarlightMcKenzie Thu 27-Nov-14 21:37:52

You know what strikes me about this question? It is asked over and over again when IMO there should be no need. The LA know the law.

The tribunal SHOULD bloody well apply it without a)parents having to point it out and b)by instructing the LA to comply with it before the hearing date.

Ineedmorepatience Fri 28-Nov-14 08:30:17

I totally agree starlight, And the parents concerned habe reminded the LA so many times about this sentence that they are insisting in putting in all the statements that they have been issuing. I actually know 2 families that are appealing the exact same sentence in their children's statements!!!

Ineedmorepatience Fri 28-Nov-14 08:33:01

The LA concerned actually dont care about the law though, they are so arrogant and are quite happy to let parents take them to tribunal!! I think they treat the SEND funding as if it were their own money, not money that our disabled children need to help them access education! angry

StarlightMcKenzie Fri 28-Nov-14 09:01:01

But why is SENDIST allowing such cases to go to hearing?

Why aren't they sending LA's letters telling them to submit a legal statement within 14 days or they will bar them from the process?

Ineedmorepatience Fri 28-Nov-14 13:57:18

I dont know starlight ! I dont know enough about what SENDIST are allowed/meant to do but what I do know is that there is a huge amount of public money being wasted by forcing these cases to tribunal!! Money that could just have been spent on the child in the first place sad angry

blanklook Fri 28-Nov-14 15:06:16

Does anyone with the time and the knowledge of the situation want to alert their MP to this disgraceful waste by the LA (or all LA's I don't know, was never involved with this, otherwise I'd be on it myself).

Ineedmorepatience Fri 28-Nov-14 16:26:50

Yep, many parents in the LA have already contacted MP's, I contacted mine over a month ago and havent even received a reply hmm

Nigel1 Fri 28-Nov-14 17:34:58

If the 3 parents get together and email IPSEA asking them to put forward a formal complaint to the DFE. I think IPSEA did this with Bedfordshire some time a go and the DFE made them re issue all of their SSENS to a lawful standard.
The LA were quite excited!

Ineedmorepatience Fri 28-Nov-14 18:40:47

Ooo that sounds like a good idea Nigel, I will suggest it to them smile

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