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SEN

Here you'll find advice from parents and teachers on special needs education.

What actually happens at tribunal hearing?

15 replies

cricketballs3 · 27/10/2018 09:54

We have a date for hearing our appeal re college we want DS2 to attend v the college LA named on his EHCP.

Has anyone attended a tribunal hearing? What actually happens? Do we just put forward our case/evidence or can we ask questions to the LA?

OP posts:
Calmed · 27/10/2018 16:02

Hi,

There is a video on Youtube, which will give you an idea:

I have been multiple times and it was different each time.

The Judge will be in charge and will say how it will be run.

At my last full tribunal, the judge started by asking the other side to give an overview of my son's education so far - she couldn't, so I summed it up.

They then took us through point by point, asking questions and each side had the opportunity to ask the other questions.

In my experience, a lot depends on the Judge - the first one I had was quite 'scary' and made it quite formal - she had no patience for anything - however, she was my favourite judge, because, although she stressed me massively, she took absolutely no nonsense from the other side and that really helped!
The second one was really relaxed and it didn't seem to bother him at all when the other side were caught lying! The previous Judge would have not let that go at all. We had a lovely specialist panel member at the first, who just asked questions politely and in the second (found out she was current LA) attacked my witness with very negative questions.
The key thing is to make sure you organise the bundle in a way that makes sense to you, so you are not struggling to find the information on the day. It will be put together by the LA (make sure you check everything is in there and is in the right section and has not 'accidentally' been lost or put in the wrong section - yes, LA's can play those kind of dirty tricks!). Even though it is ordered according to the Tribunal Rules, there is nothing stopping you creating your own additional index to add to your bundle e.g. you might want an index listing all the professional reports under one heading and another listing all the Annual Review Paperwork under another heading etc.
You might want to colour code it and add those coloured subject dividers.
Nothing worse than knowing you have some great evidence in the bundle somewhere to counter the other side's point and then you can't find it!
Prepare an opening statement and a closing one beforehand - much easier to edit a pre-prepared one on the day, than to create one from scratch.
If someone from your college can come to the hearing that would be great, but if not make sure you have their number and can contact them at all times during the hearing, as the Panel might ask a question you can't answer and you can ask for a quick break and go and telephone them.
And it's true about the food - unless yours is held in a hotel, you'll probably need to bring refreshments or google somewhere close where you can pop into to eat.
Best of luck :)

Miscible · 27/10/2018 23:47

I hope you're not just appealing against the name of the college? General advice is to appeal also against section F as the main question is whether the college can meet the requirements of section F and the LA will have drafted section F so that their college can do that.

cricketballs3 · 28/10/2018 04:59

Thank you for your detailed reply @calmed very, very helpful and we do have the principle of our preferred college appearing for us and given the long list of cock ups the LA have done (they have had to admitt to some in their response) I do believe you in terms of dirty tricks they are capable of!

@Miscible we have extensive points/evidence from section F it was just easier in my OP to explain why we are not going to mediation first

OP posts:
cricketballs3 · 28/10/2018 07:12

The LA are using R v Surrey CC 1984 within their response which is apparently their favourite fall back atm and whilst we have extensive evidence that their named college can not/is not meeting his stated needs has anyone successfully argued when this case has been argued against?

OP posts:
Miscible · 28/10/2018 08:12

Have you got the full reference for that case, OP? What point are they making in connection to it? Other issues apart, it's an old case and the law on SEN has changed twice since 1984.

cricketballs3 · 28/10/2018 09:05

@miscible "The LA highlights that the LA is under a duty to secure provision which meets the child’s SEN but is not ‘under an obligation to provide a child with the best possible education. There is no duty on the authority to provide such a utopian system, or to educate him or her to his or her maximum potential…’ R v Surrey CC ex p H (1984) 83 LGR 219. "

OP posts:
Miscible · 28/10/2018 10:22

Ah, right. That's just basic law, there's been plenty of case law since which makes the same point. If you have good evidence that the college the LA wants is not able to meet your son's needs the case becomes irrelevant. You need to point to things like progress assessments and whether the college is actually able to deliver what is currently in section F. Is F fully specified and detailed? It might be helpful to get evidence from an Educational Psychologist.

cricketballs3 · 28/10/2018 10:45

F is fully specified and detailed, the LA response is drawing from their preference's prospectus and last Ofsted report, however DS2 has been there for 8 weeks now and none of his specific needs have been met so I'm hopeful (and so is our case worker) that we have a strong case but that case had me concerned - calmed has pointed me to the Noddy Guide so that's my homework this week

OP posts:
cricketballs3 · 14/12/2018 05:07

Hearing is today - been wide awake since 3.30!
As per calmed's advice the bundle has been organised as per my preference with coloured book marks, opening and closing statements drafted with over riding precedents found in the Noddy guide to argue R v Surrey

We were offered a paper tribunal but following advice we turned that down for the face to face one which in hindsight already was the right decision as we received further evidence this week highlighting the LA's incompetence (has been emailed and we have the 5 copies to take Wink) together with very timely experience of how college A are definitely not meeting his needs. can't wait to see how the DHT from college A is going to respond about that

The HT of our preference who is appearing for us has attended 3 of these in the last 2 years, all against our LA (college is in neighbouring LA) and all 3 were successful for the parents however the DHT at college A was very forceful at DS's review that we won't win (I did have to tell her off so to speak and had to make it very clear his review was not the time nor place to discuss the appeal).

Wish me luck!

OP posts:
HuntIdeas · 14/12/2018 18:02

How did you get on? X

cricketballs3 · 15/12/2018 07:04

It was nothing like all the videos I've watched! I did get very agitated when college A were describing this wonderful curriculum that DS has no experience of but the SN panel member seemed to be very clued up and asked a range of probing questions to both colleges also he delved into the finances being inaccurate amongst other things.

We have to wait 10 working days which given this time of year may mean after new year and I'm only about 60/40 that it will go in our favour so will update when we get the decision

OP posts:
DeepanKrispanEven · 16/12/2018 12:27

We had a lovely specialist panel member at the first, who just asked questions politely and in the second (found out she was current LA) attacked my witness with very negative questions.

Initials PM by any chance for the second one, @calmed?

Calmed · 16/12/2018 14:58

No, different initials, although that does mean there are two of them out there!

cricketballs3 · 27/12/2018 15:35

Just had the email and we have lost Angry as the trbunal felt the college preferred by the LA could meet his needs and the reasons why they haven't so far is due to them having to become more familiar with his needs.

But the tribunal did slam the LA's handling of the whole process actually describing their actions as "deplorable" and questioned why we had received no apology.

We will very carefully monitor everything he does day in day out and will hold the college to task - it's going to make it awkward at his next review as it was obvious during the hearing my feelings towards their offer

OP posts:
Calmed · 27/12/2018 17:30

I'm so sorry to hear your news :(

At least the Panel were prepared to go on record about the LA's awful behaviour - that was supportive of them.

Have you read the book, 'How to be a Velvet Bulldozer'?

They won second time round and that was with the same panel, so you might not have won this first battle, but the onus will now be on the college to improve and if they don't, you can appeal again. Just keep on collecting that evidence, as you said.

Well done too for trying - many wouldn't.

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