its bjkmummy - im back and......................................

(88 Posts)
bjkmummy Tue 27-Jan-15 17:46:10

we got the sen officer excluded from the hearing but it was a pointless exercise as the judge called us and the barrister in and made it clear that the LA would have an 'uphill struggle' to prove the case today - the judge was going on the 'Manchester' judgement which someone had posted on here and I had quoted in my case statement.

The Judge was quite clear with the barrister and then the barrister started twittering that if we applied for an EHCP our daughter would have met the criteria for that and they would issue one so after a lot of wrangling the barrister came back and the LA had conceded = we will be issued a statement within 3 weeks BUT then the LA are moving instantly to move to issue an EHCP - the judge has given us an extended time to appeal IF the LA play any further shenanigans.

the judge also made it clear that our DD was making it clear that she would struggle with a noisy secondary school and the LA would need to address that today which of course they couldn't as they only have mainstream schools available. the judge also made comment that dd wants a dyslexia school so we need to discuss that with the LA as the process for secondary placement continues. the judge also fired a warning shot that the autism had to be recognised today and was a legitimate dx and it did change everything despite the LA trying to argue it didn't

so thank you everyone - cost us a fortune in our witness costs and im sure theres another tribunal coming but that 3 -0 to us and 2 - 0 to us against this barrister - the judge and the panel member seemed lovely as well but again different to people Ive had before.

OP’s posts: |
bedelia Tue 27-Jan-15 17:51:32

Very happy to read the tribunal put DD's needs at the forefront (and cut right through the LA shenanigans) grin

coppertop Tue 27-Jan-15 17:58:16

Well done!

Have a well-deserved brew orwine.

WintersDayTOWIE Tue 27-Jan-15 18:00:31

Oh wow! Oh wow! I am so pleased for you but also so angry that it got to this stage.

I did wonder if the judge would make them concede during the hearing because your case sounded v similar to another case i'd heard about recently and the judge there made the LA concede (but I didn't say anything because of raising your hopes)

I'll be raising a glass (or 2) to you all tonight.

Sit back and celebrate. The next battle can wait for the moment. But it looks as though today is a massive step forward in getting the right secondary placement for dd.

bighairyspider Tue 27-Jan-15 18:19:56

Relieved for you but angry that the LA took it as far as they did in the face of overwhelming evidence against them. How much money have they wasted in doing this I wonder hmm.
Hopefully they will be more amenable to your secondary school choice when the time comes. A further tribunal would just be ridiculous and I would be making it well known how many times the LA have put you through this whilst denying your dc the appropriate support.

PolterGoose Tue 27-Jan-15 18:34:12

Message withdrawn at poster's request.

sazale Tue 27-Jan-15 18:40:36

Fantastic news.

pannetone Tue 27-Jan-15 18:41:00

Great news bjk _ but what a journey to get it! Hopefully this marks a turning point in finally getting your DD's needs met.

wine and flowers

(PS. Not now, but I'd like to know what the Manchester judgement is!)

sazale Tue 27-Jan-15 18:45:11

What a silly thing for the barrister to say re EHC plan when the thresholds are meant to be the same as statements!

JJXM Tue 27-Jan-15 18:45:35

Congratulations - shame they've messed you around so much!

WhoKnowsWhereTheTimeGoes Tue 27-Jan-15 19:03:59

That's great, I was thinking about you today.

bjkmummy Tue 27-Jan-15 19:09:27

pannetonne - ill try and find the post later - someone linked it into a post but its says something like that just because resources are available doesn't mean a child will get them if the LA refuse to recognise the childs needs or they withhold the resources so part of what the judge said to the barrister was that as DD had been dx with autism and the LA had wrote that the dx made no difference to the help she would need so the LA were ignoring needs and therefore resources then the tribunal would then have to order to issue a statement and there were loads of issues in our case which were similar so the LA had so many points that they had to prove that it would be more or less impossible for them to win it. they had to show that they would have secondary provision available that would offer her a quiet environment due to the noise issues she has - again the LA had no evidence to place before the tribunal that they could do that and the list the judge gave just got longer and longer and they really couldn't win it

OP’s posts: |
ouryve Tue 27-Jan-15 19:12:02

Result!!!! winewinewine

Wonderful that you got a judge that wasn't going to put up with any LA crap. I'm wondering why they took on the barrister, mind, because it sounded like they were expecting to concede, anyhow. Maybe so they can blame their loss on someone else to LA higher ups.

Not that any of this matters to you. You've got a few weeks' relative break from this particular struggle.

NoHaudinMaWheest Tue 27-Jan-15 19:21:16

Wonderful news. So glad you got a reasonable judge who could see through the LA rubbish.

Well done to fighting it even if you really shouldn't have had to.

Interesting that your LA are trying to say the threshold for ECHP is lower as ours is trying to argue it is higher.

fairgame Tue 27-Jan-15 19:36:20

Brilliant result i'm so please for you!
Hopefully they will know now not to mess with you and sort out your other secondary placement as well!

2boysnamedR Tue 27-Jan-15 19:39:54

God so pleased to hear this. My desision was today. Been thinking about you constantly today.

All I can say is this is a utter disgrace. Really sickening. Where the hell do they find these la reps? Maybe they are ex fraudsers they are rehabilitating?

kojackscat Tue 27-Jan-15 19:57:14

I'm so pleased for you, have a relaxing evening, you deserve it.

mumsuz Tue 27-Jan-15 20:03:51

So pleased for you. winewinewine

uggerthebugger Tue 27-Jan-15 20:05:09

That's tremendous news, bjk - get yourself a long bath, and here's hoping your rep learns some humility. Or considers committing seppuku with a rolled up copy of the SENCOP, whichever is more likely.

uggerthebugger Tue 27-Jan-15 20:06:09

Hey 2boys , did you say you got your decision today?

pannetone Tue 27-Jan-15 20:12:31

Thanks for that explanation bjk _ I'm so glad the LA's tactics backfired on them when they tried to pretend that your DD's diagnosis made no difference to her needs.

It actually makes you feel a bit hopeful when a judge and panel make such a sensible decision - and concentrate on how a child's needs are going to be met! And expect the LA to have answers ready!

I really hope the LA don't dare to issue a rubbish statement/EHCP.

Frizzcat Tue 27-Jan-15 20:24:37

Well done bjk been lurking on your threads <had no useful advice hence the lurking>

StarlightMcKenzee Tue 27-Jan-15 20:27:45

Well done bjk, though all you have actually won is your child's legal entitlement. It is not lawful to win anything more.

The abuse you have suffered to have the right but still woefully inadequate decision that tells the LA to stop abusing you but doesn't actually give any penalty to the abusers (as giving a child what they are entitled to isn't a penalty is it?).

I'm so angry for you but you have to be so absolutely proud of yourself for ploughing through all the shite.

It is never understood by those who have not experienced it so thank goodness we all have each other on here.

2boysnamedR Tue 27-Jan-15 20:48:37

ugger the panel sat today so hear within two weeks. Not bad since my hearing was early December.

Today I actually let rip at the school for the first time ever. Cards on table tell it how it is. Someone ( yet another new person ) said she doesn't know how I cope. Felt like saying this has been my life for six years!

So so over this now. It's wash hands and walk away or take that final step I can never turn back. Don't know which to choose. Well I know I love to walk away but I never can, not even if I had really that as a option.

I'm glad it has worked for you bjk. It's not a easy step to take. No one outside can ever understand what it takes to do this, the mental cost. So hats off to you. Hopefully they are not stupid enough to write a crap ehcp - but if they do, wring out the la rep and mop the floor with her again ( I think she secretly enjoys being a public fool ;0)

StarlightMcKenzee Tue 27-Jan-15 20:54:49

And 2boys You are being tortured. There is no other word for it.
You'll go through it because you have no choice, and then when you get the decision regardless of what it is, everyone outside will nod their head and think it is over.

It is never over.

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