Appeal papers not arrived...appeal on the 4th

[hoxtonbabe]

My LEA are something else and the clerk is no better.

My appeal is on the 4th and nothing has arrived. I called clerk and she said they were sent on Friday and then pipes up that there is no set time limit. I then state but it is supposed to be reasonable and she had also told me that the LEA were sticking with the old rules of 5 days which from my reseach is 5 working days and as it stands considering my appeal is at 10am, I will only have 2 full days and the LEA have had the bulk of my evidence for best part of a month!

What usually happens in these instances. If I am not properly prepared due to the LEA bad case management?

Thanks.

This is unacceptable in my view.

Tell the appeal panel that you have been hampered in your preparation by the LA's failure to send out the papers a reasonable time before the hearing. If you lose your appeal you could refer this to the LGO on the grounds that sending the papers to you this late is unreasonable.

Under the old (2009) appeals code the clerk was required to send information to parents and panel members at least 7 working days before the hearing. So, if she was attempting to comply with the old rules, she sent the papers a week late.

If the clerk has sent the papers to the panel at the same time as she sent them to you I don't think the panel will be very pleased. They have to read all the papers for every appeal that will be held on Wednesday.

They should be holding the appeal under the new 2012 appeal code, which is remarkably poor over this. It simply says that the clerk must send the papers a reasonable time before the date of the hearing, which can mean anything frankly.
Given that in even the most optimistic postal delivery from Friday posted is not going to be before Monday, that I agree with PRH is just not enough time for either the panel or the appellant to get the papers and digest them properly. Saturday I got papers for appeals I am sitting on for the 9th July, which is much more realistic.

This change is quite silly and as everybody's definition of reasonable varies. The up side to this is that the clerk actually said the lea are sticking to the old timeframe with 5 days and inhale that in writing.

I thought the clerk had to send over the bundles? In my case it is coming direct from the lea so sure that the lea have sent to the panel. Why bother have the clerk as he does not appear to be doing much.