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What Appendices are supposed to come with an Amended Statement following Tribunal(4 Posts)
Have received the Amended Statement today - the deadline was last Wednesday and the LA swore to me that they had sent the document to Business Support the previous Friday for posting. On Thursday BS had made a mistake and not posted it but it would be posted that day. When it did not arrive the caseworker claimed that the Post Office had collected it on Thursday but the tracking number showed it had not been delivered. All lies - the Statement is dated Thursday and the frank is for Friday.
Anyway, the case worker also made excuses about the need to get all the appendices together so I was expecting the proper thing. I just got a copy of the Statement listing the appendices for the original but not including them. The only new appendix attached was the Ruling of the tribunal and the WD as at end of Hearing (FS amended the electronic document at the time).
The judge made comments about not needing to put detail in the Statement because it should be able to be read quickly by a supply teacher and that regular school staff would, of course, read the full reports. But the most recent EP, SALT and OT and GOSH reports have not been attached and are not even referred to as they were conducted after the original was issued. Is this normal practice?
That's what DS's was like, I had to provide copies of the reports directly to his school. In fact I had to supply them with a copy of the statement too, the LA didn't send them one. It did use our updated reports though (ours was conceded pre tribunal).
The LA keeps reorganising and moving offices and he has had 4 different case workers in the last year or so. He was one the last one's 'in' to receive a Statement and as he is in year 5 this is/was due to be converted into an EHCP in January 2016 - i.e. now.
According to the written record, without knowledge of reports that are not referred to, the last reports were carried out nearly 2 years ago. Who will remember in 6 months time the existence never mind the content of the most recent reports?
The Statement says that the LA have 'taken into account the additional representations, evidence and advice set out in Appendix G' but there is no 'evidence', only the Judges ruling. According to what is attached and written, there has been no further evidence submitted. If I were to move to another county or if DS2 were to move to another school, the current Final Statement has no Appendices A to F (these can only be found by referring to the old original statement) and Appendix G omits any mention of, or copies of, all assessments/reports since that time - including the LA's own EP report and his report from GOSH following ASD diagnosis.
Battle fatigue makes me want to let it go but I know the importance of the written record - the 'truth' is what is written not what actually took place.
Mine has appendices A to F listed twice, firstly on a page in between Parts 1 and 2, where it lists them properly (names, dates etc) and then at the back after the signatures where it just says App A - Parental Advice, Part B - Educational Advice etc, but they aren't actually physically appended to it,
(I would call them references not Appendices). My solicitor didn't raise this as an issue when it was sent to her. I'm not sure what is normal though. I think it was the same with our original statement. Maybe a call to IPSEA or SOSSEN on Monday? However I think as long as they are listed then they can't be disregarded, it just leaves you having to make sure other people get them.
The fact that they haven't used updated reports is concerning though.
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