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LA file - can I use the information in it for tribunal?

(7 Posts)
bjkmummy Mon 01-Dec-14 11:30:50

Got my dd file from the La today after doing a data request,

lots if useful info in it but can I use things like the sen officers hand written notes as part of my case?

Lots if stuff missing as well, crucially the notes on the discussion where it was decided to issue a NIL for her. Of course there never was a discussion hence no notes.

Also the LA have it seems given a copy if the NIL to a senco of another school to write a report. My understanding was that the NIL can not be disclosed without my permission as it in effective belongs to us.

Now know the La case is that her needs can be met within 15 hours which is ridiculous but that's the basis of their case.

They've also been contacting other NHs OT depts to see if they will do sensory intregration therapy on the NHs - all have said no so it can only be bought in. Probably explains why the LA are going to try and argue that OT is health not education

Ineedmorepatience Mon 01-Dec-14 13:18:43

I would say yes to your question! If you have obtained tye information by legal means then yes, use it!!

Ineedmorepatience Mon 01-Dec-14 13:19:09

"The" blush

Icimoi Mon 01-Dec-14 13:29:53

Yes, you can certainly file it. Also make a note to ask a question during the hearing whether they have given you all the documents in their possession, and when they say no make the point that that must mean that either they had no discussion about the decision to issue a NiL or they did and didn't bother to minute it, which would be very unprofessional.

I suggest you make a formal complaint to their information officer about disclosing the NiL to someone in another school.

Ineedmorepatience Mon 01-Dec-14 13:58:21

I agree about raising the issue of sharing the NIL !!

Even my dodgy LA requested my permission to share Dd3's NIL with her new school. I declined and emailed it myself !

bjkmummy Mon 01-Dec-14 14:17:53

This is what It says in a file note made by the sen officer ' met with senco and requested an independent response from a secondary school perspective be provided based on the NIL' the report that came talks about a child with no name having difficulties the same as my dd so clear she was given sight of it although it doesn't I guess expressly say that. At the end of the day even if she did use the nil to write a report that has no name of the author or date it was written (which is odd evidence to put before a sen tribunal!) the NIL is not reflective of my dd needs as it's missing the asd dx plus others. There's a letter of the secondary head giving permission for senco to attend as she has been given assurances there is no conflict of interests?? The letter from the she officer to the head discloses the LA case is that my dd needs can be met at school action plus

Liliuk Fri 05-Dec-14 16:05:48

You can if you include everything in you evidence file.

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