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tribunal savvy people please help me

(10 Posts)
cansu Thu 02-Jul-15 18:17:14

We are highly likely to be shortly in tribunal situation as my daughter's school placement has failed. I want a specialist placement, the lea want to use local, crap provision. I have an independent EP report. The new EHC plan is currently being formulated. LA have asked for my EP report, should I reveal it now or wait and use it in my case statement? It is in draft form at moment, but am about to have it finalised. What do you think??

MairOldAlibi Thu 02-Jul-15 19:04:13

Once it's finalised, you could be criticised for withholding it. So if you're not yet sure, ask the EP to hold off issuing it.

If the LA have been doing various assessments, your EP may want their results, and vice versa- that's fairly reasonable. The bit where the LA instructs their EP to read the indie report, see the dc again, and tell specific lies re-evaluate the situation to undermine your EP report in the dc's best interests... 2min before tribunal deadline at their earliest convenience... that's less acceptable

jigster01 Thu 02-Jul-15 19:35:14

We were going to tribunal and had date set ...but once LA saw all our indi reports they conceded .He had failed at m/s and we got ooc resi school ..so it could sway them ....

Ineedmorepatience Thu 02-Jul-15 21:07:18

Is your Dd out of school cansu sorry if I should know the answer to that!!

If she is then I would allow them to have the report because they cannot see her without you knowing and try to "Trump" your report!!

If she is in school write to school and say she is not be be assessed by the LAEP without your knowledge or presence!
In my experience the LAEP's wont run the same battery of tests that the indie one has but might do something else!

Hope that is useful, Good luck flowers

cansu Thu 02-Jul-15 21:11:03

Thanks yes she is in school. LAEP has already assessed her or seen her and written a report in last few months anyway.

Ineedmorepatience Thu 02-Jul-15 21:38:40

I think if you dont share the new report and you end up at tribunal, the LA will likely say that they couldnt take it into account because you hadnt shared it. The judge might think you were being obstructive!

Personally I would share it but you could wait and see if any of the others have any thoughts!

AYearofMinorMiracles Fri 03-Jul-15 07:33:09

I have always shared - and they have always conceded before the day. Do I think that is related? Possibly, but equally had friends who have had equally strong cases i.e. watertight and the same LEA has taken them all the way through Tribunal. Equally, I would never let them anywhere near either boy because of the trust issues (I now have none in them whatsoever) without my presence - that goes down well wink. Actually, their last EP was absolutely lovely and her report was fair shock so occasionally, they get it right.

MairOldAlibi Fri 03-Jul-15 14:52:24

Actually, their last EP was absolutely lovely and her report was fair so occasionally, they get it right

Bet that's because you were there. I've heard a number of second hand tales about otherwise excellent LA ed psychs being seriously pressured to modify their opinions.

If they can say hand on heart, "we'd never get away with it, motherGoose was there in person, taking detailed notes" it has to help.

AYearofMinorMiracles Fri 03-Jul-15 16:38:02

Mair - the cynicism is shared. It is so good to have company. grin

MairOldAlibi Fri 03-Jul-15 17:31:52

It must be very difficult working for a LA that does dodgy things, if you're professionally competent.

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