urgent tribunal question re case law

[bjkmummy]

im doing my case statement and have quoted a couple of cases - do I need to also put in the bundle a copy of the case law?

[WintersDayTOWIE]

No, you don't need to put the complete case law in your bundle, but you must correctly quote which case law you are using, and why.

I'm going to PM you a sample from my refusal to assess case statement (not putting it on open forum in case it identifies me)

[2boysnamedR]

Wow, I don't understand this case law business. I think we all need law training to be sen parents.

[AdventAlibi]

Sorry my links aren't working

Case law is precedents that are set by previous judgements. So basically how the law, as written, might be applied to real cases, in practice.

An example is speech therapy- in cases this was held to be 'usually' of educational rather than medical value. So LAs can't just blame the NHS

Google "David wolfe noddy guide SEN law" for a decent summary
Also a book (pricey but worth it) Tribunal practice and procedure by Jacobs

And finally... a searchable online index of more recent decisions. Google "Upper Tribunal (Administrative Appeals) Decisions" click on 'search for decisions on the database' and select SEN when you get into the drop down menu

[AdventAlibi]

2boys, I think that's why IPSEA are doing the online training
Sos Sen do one-day courses which are excellent

[AdventAlibi]

First Tier doesn't set precedent (though I'd imagine they get into certain habits...) but upper Tier and higher courts do. And non-SEN cases can sometimes be relevant to SEN cases- in particular about things like rules of evidence, fairness, explaining the reasons behind a decision properly.

[AdventAlibi]

Bjk, if you can find your cases on the database it doesn't hurt to print & include them. If not, include the place you got them (website or whatever) and give the full details of the case- eg the AAC number/parties/date

[bjkmummy]

ive quoted them and will take copies of them to the hearing with me I think - the main one is the LA saying they consider OT a health need! yeah right, cos the tribunal really think that's true! they treid that one at my sons tribunal and refused to move it to part 2 and 3 and then on the morning of the hearing when their barrister appeared as if by magic they conceded the whole lot and moved it over before we went into the hearing - don't think the barrister fancied trying to argue that it wasn't educational. that said, the LA are trying that line again, they really don't learn do they! they are also discounting all of the SALT needed and Margos report on the basis the NHS SALT have refused to do a SALT report as its for tribunal and they aren't commissioned to do so - the LA think this refusal means she has no salt needs??? the NHS SALT have admitted they did not even look at the paperwork the LA sent them. thankfully we are calling margo as a witness so the LA can sit and argue with her about her SALT needs

[2boysnamedR]

My la argued that ds does not need slt as in the year he's had it privately, it's not brought his slt scores up. Go figure! Also if he's dyspraxic he should not be doing gymnastics. Maybe using their logic he should not be allowed to cross roads either as he frequently runs out into them.

[AdventAlibi]

Dyspraxia and gymnastics

[senvet]

The SLT scores done in SALT assessments are measured relative to peers, so you may improve year on year whilst staying the same relative to your peers.

My daughter improved year on year on a memory score but slipped backwards relative to her peers.

If he hadn't had the therapy he might be behind his peers by now, but I think you had that argument firmly in mind already!

By the dyspraxic-gymnastic logic, shouldn't he stay in bed, preferably in cotton wool?