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A tribunal question(8 Posts)
When sending documents to SENDIST. to ask for tribunal, did you put everything in that supports your case? Or do you submit more evidence later?
And if you put everything in, is it wiser to put in reports that are not 100% supporting your case on the basis that that the panel will see them anyway and it looks bad not to have submitted them?
I would be grateful for any quick replies
I put everything in. Not necessarily in all one go, but everything relevant to my case was in by the deadline.
Not sure how helpful this might be to you though. The evidence we had for the provision we wanted at a special school placement was plentiful, authoritative and overwhelming - to the point where the LA's own expert witnesses refused to attend the hearing.
Looking at your problem through the other end of the telescope - did our LA's case suffer from withholding / suppressing evidence from their own experts, or other reports that undermined their case? We chucked these reports into our part of the bundle, and pointed this out. It made precisely fuck-all difference.
You don't have to submit all of your evidence with your initial request. We didn't even have ours when we registered the appeal but my solicitor wrote a covering letter stating that the reports would be circulated to all once we had them and by the final evidence deadline.
If you have reports that don't support your case you really need your independent experts to dispute these and state their reasons for doing so. So you will probably find that you have to submit them as your experts reports should refer to them.
Thank you! Very helpful. So confusing, all of it
I submitted some reports I didnt agree with first time round and pointed out why I didnt agree with them in my written parental evidence!
I am just about to go again and have done the same wirh one really dodgy report that needs discussing.
Anything you might need to mention in the hearing needs to be in the bundle, so if its crap put it in but appendix it and say why you dont agree with it!
The LA reports can be useful however poor they are as they can show a variety of evidence...eg inadequacy of assessments and they often contradict themsleves or pick of the poorest points from the NHS professional points and twist them and minmize them. So they can be useful to put in and to hi
ghlight the flaws....
I would recommend going through the appendices that are listed in the statement and highlighting those bits that you do not agree with. It would then be wise to submit those documents until you have commissioned your own experts reports. It is important to highlight the main issues that you wish to be dealt with by the tribunal service.
1.You don’t agree with the level of support that is currently specified in the statement, or you are seeking a different type of provision, for example ABA. This is often done by cross referencing any comments made by the school or LEA. For example, if the school are saying they can’t meet needs, or they believe that the placements isn’t suitable, or in the event that they have had to exclude your child. Listing these key items out and submitting these reports with your appeal papers is helpful.
2.You don’t believe the speech and language therapy provision is sufficient or is missing.
3.You don’t believe the occupational therapy provision is sufficient or is missing.
As an example I often see statements that say the child has a severe speech delay but then the provision in the statement has no speech and language therapy documented. It’s highlighting the disconnect between the difficulties your child faces and how the provision in the statement doesn’t meet those needs.
It might seem like a lot of work to do this now but by doing it now you actually help your case going forward. If you do this in advance and then provide your experts with your appeal papers and the statement and appendices they will then see why you are appealing. If you have cross-referenced the necessary paragraphs it will make it easier for them to see where the key issues are. It will therefore make it easier for your experts to also cross-reference the local authorities’ reports when writing their reports.
So... Yes,... i'd put in as much as possible... but i'd make sure i take the key points and highlight those in my reasons for appeal... You just want to make it simple for the tribunal service.
If time is short then put in enough to get the appeal registered and then take stock of what evidence you have and where the gaps are.
Once registered, the Tribunal give you a timetable with a deadline for evidence.
Sometimes it is worth getting the clock ticking as soon as possible
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