To include in SEND tribunal that the LA is lying?

[ChaosAndToast]

Hi everyone,

Sorry to post here but I get really helpful advice.

Basically long story short I'm appealing the decision of the LA on the school that they've named - I'm appealing sections B,F and I.

I was obviously really upset about it and I wrote to my MP who was completely brilliant and wrote to the director of the children's service at the LA.

The director responded and said they consulted with the school who said, with additional funding they can meet my son's needs.

I have written proof and evidence that this is absolutely not the case and the school has rejected him because they can't need his needs even with funding and have told the LA that - I also called the school for clarification and they verbally confirmed that this wasn't the case.

I appreciate this is an LA tactic but would it be worth highlighting it in my tribunal appeal?

Definitely, you need to include any and all evidence that the setting offered can’t meet need; including especially if the setting agrees!

Thank you, I'll add it in now.

Don't say they are lying. Say you dispute the evidence based on your own communications (copy and add as an appendix) at appendix a which indicate that the school have stated that they cannot meet need.

No of course not - I'm being professional and saying like LA said this however school has confirmed otherwise etc

I'm just saying lying unofficially (because they are)

As for pragraph /the statement ....

They are mistaken or misinformed.
The school has written to me and said...

I have enclosed a copy of the schools correspondance marked school letter x of x pages

Be tatical
The 2 m's say lying or been lied to while allowing the LA employee a chance to retract their evidence

Definitely include the proof you have that the school said they can't meet need. Don't use the word lying. The Tribunal Judge will work that out for themselves..

Defo include (in professional language). It's best to make it short and to the point rather than ranty & rambly (not saying you would!) because your point can get lost. A simple:

Despite the LA's claim, the school have confirmed that they remain unable to meet the child's needs, even with additional funding. Please see appendix A.

YOu absolutely 100% must included it, using the appropriate wording you've referenced/others have referenced. It would be crazy NOT to mention it.

"The LA syas the school can support my child's needs with additional funding but this is not the case. The school has said x. I have received THESE documents regarding his care and what is possible. etc etc."

Also, top tip - when you send your information, treeat it a bit like a news story - start with the key point/outcome/problem at the front. I've helped a couple of people with this sort of thing (not as far down the line as you) and usually parents are trying really hard to be practical, realistic and accomodating. But there's a huge difference between being realistic and polite and burying the lead. Don't bury the lead.

Thank you so much everyone!

My MP sent a letter to the director of the department and her response was the "mistake" so I emailed them both pointing out the "mistake" with evidence and it's being investigated internally and they'll let me know so I am waiting for a response before I upload documents to tribunal as I have until end of April but I'm just upset about it really.