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LA final evidence received today

(18 Posts)
bjkmummy Fri 19-Dec-14 19:19:33

I sent them 500 pages late this afternoon - this morning they served on me a whole 3 pages! yes 3 pages - an IEP and an update of her levels - they have previously sent 32 pages so the LA whole case runs to a huge 35 pages.

my case statement is 39 pages long - so they have nothing at all - the IEPs show she hasn't met her targets and the school say she is not making adequate progress even with all of the current support she has but I bet you the LA will drag this all the way to tribunal. they have no reports whatsoever, the EP did 2 sub tests with her where she did really badly - she has been dx with asd and other things as well but the LA say the asd dx makes no difference whatsoever from their viewpoint.

I cant believe they can submit so little and go all the way to tribunal with so little......

MistleTOWIEandWine Fri 19-Dec-14 20:22:46

It makes a mockery of the Tribunal process - but, once again, no doubt they will be allowed to get away with it - until the LA reps see the whites of the eyes of judge (iyswim).

The only thing I have faith in, is that panels/judges really do see through all this nonsense from LAs and do really look at "the child's best interests".

manishkmehta Fri 19-Dec-14 21:15:50

BJK Mummy,... what are you asking for at tribunal... if it's something simple they are just dragging it out... and most likely to conceed the day before... But it's saved them 6 months money by not making provision... the usual stupidity...

Good luck with the hearing... just make sure you get the working document right... that is the key...

M

bjkmummy Fri 19-Dec-14 21:50:57

this is an appeal against a NIL - we have already been to tribunal over a refusal to assess and won, the LA then did the absolute minimum and issued a NIL. they have no reports - we have salt, OT, indie EP - the list goes on hence the 500 pages of evidence. she has made no progress and in the year we have been fighting she has fallen even further behind.

they failed to do what the last tribunal ordered and even said at the last tribunal that no point in assessing her cos she still wont be getting a statement so we knew even when we won the last tribunal that a NIL was inevitable - my LA have never issued a NIL before - we are the first and only one

wasuup2014 Fri 19-Dec-14 22:52:39

The LA's are no longer allowed to concede the day before they have to give 5 days notice might even be 5 working days. If they don't they still have to explain their late descision to the tribunal and pay the charge of up to £15 grand.

Ineedmorepatience Sat 20-Dec-14 10:31:16

I heard of my LA conceding 3 days before a few weeks ago!! So it seems that that rule isnt being applied wassuup

I recieved some more stuff too bjk it hasnt been included in the bundle but no doubt the tribunal will accept it as late evidence on the day!

It is a crap EP report so my rep told me not to worry about it!

The whole situation is just awful sad

Dipankrispaneven Sat 20-Dec-14 12:41:17

Wasuup, where do you get that about the LA having to pay charges? There's nothing in the rules suggesting that.

Ineedmorepatience Sat 20-Dec-14 14:42:06

I did read somewhere about the 5 day conceding rule but all I can see in my paperwork is that they would be forced to attend anyway to give a reason why they had conceded so late.

bjkmummy Sat 20-Dec-14 14:55:53

im expecting some fun and games in January - it cant be this straightforward that they have done so little - theres a sting in the tail here somewhere - I expect them also to try and delay the hearing as that seems to be the favourite trick at the moment. plus they wont commit about my sons secondary placement at the indie school and my other son is transferring over to EHCP and that's due to land of the mat in January - I think this all has the potential to get very nasty as they try and throw everything at us about all 3 children to put the pressure on. I just need to get to the end of February for all 3 of them to be sorted or be aware that all 3 of them could be in tribunal next year

Ineedmorepatience Sat 20-Dec-14 15:49:58

Omg bjk Its all just one horrible long nightmare isnt it sad

wasuup2014 Tue 23-Dec-14 14:24:32

Hi dip from someone who works in that dept.

MeirAyaAlibi Tue 23-Dec-14 16:26:38

Ah. The 'it's only a NIL because he basically has no needs, that's why we have no evidence, look at that loony mother and her stacks of irrelevant made-up stuff, ah yes private experts, well, the customer is always right' approach.

Likely to be followed by barefaced verbal lies in Tribunal, with nothing written down. So once Tribunal has swallowed their nonsense, it's hard to challenge - as impossible to prove what LA actually did or didn't say.

Some implied but not quite stated nasty snipes in the late evidence about home life. And a bit of delaying, naturally.

Most panels/judges really do see through all this nonsense from LAs and do really look at "the child's best interests" Not all though- depends how good they are at lying

bjkmummy Tue 23-Dec-14 20:29:34

but I have to have faith that the evidence the LA has submitted albeit 3 pages shows that she hasn't met her IEP targets and school say she is not making satisfactory progress against 500 pages of evidence from the likes of daphne keen and margo sharp - surely there is no panel who ehen they receive the written evidence alone wont see that this is a child who has failed to make progress and since the last tribunal ordered for all her inter related needs to be looked at and she has been dx with asd since plus other things - it must be overwhelming - I know nothing is guaranteed but I have no idea how an LA can even sit in front of a judge and try and argue this

Ineedmorepatience Wed 24-Dec-14 09:35:00

I keep asking myself the same question bjk hmm [struggling atm] sad

MeirAyaAlibi Wed 24-Dec-14 13:20:25

Thinks we were unlucky. Most people say their panel spotted the lies

bjkmummy Wed 24-Dec-14 15:42:01

ive done two so far and been okay but still a worry isn't it..... im convinced that the LA are praying that this time we get unlucky with the panel - and I guess there is always that small chance that they could.

uggerthebugger Wed 24-Dec-14 18:32:46

Thinks we were unlucky. Most people say their panel spotted the lies

My experience was the same as Meir's - mine was bad, but everyone else I know in RL had a panel that spotted the lies.

Definitely don't be put off though! I was up against an LA who were competent, well-briefed, very familiar with the panel members' personal biases and hobby-horses, and careful not to overdo the personal attacks.

Yes, they lied like PPI salesmen on the pull. But they won because they were experienced players, they had done their homework well, and they were cool under pressure. And even then, they needed all this AND a thoroughly clueless and credulous panel to pull it off.

You've got a clearer and better case than I had. And you've got something good on your side - your LA sound like they would have trouble finding their arses with both hands, a pocket mirror and a special forces sat-phone.

2boysnamedR Wed 24-Dec-14 21:21:19

Expect anything, you know my story well...

Give no evidence at all. Don't call witnesses until 48 hours before and get an adjournment on the day. Serve me no evidence until past the deadline. Get three assessments behind my back at school. Turn up on the day with a 500 page bundle. Tell the panel how bad a parent I am. Send me quite frankly intimidating and libalus emails. Etc

Keep two things in your head. You are being 100% honest. You know your child 100%.

Some is down to luck with the panel - however poo rises to the surface. The la might well lie. Not many can lie off the cuff repeatedly under pressure. My LA only had lies, there side fell apart and even started throwing blame at each other on the day. If your true and come from a true place then you can't fall apart. Your bundle will stand up.

One lie shouts out more than 20 truths. One you show your lieing it puts everything else into dispute.

Your LA will reek of lies on the day. Have faith, that's all there is right now

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