LA objecting to appeal date change after previously agreeing.

[Aya1979]

Hi everyone,

I have an appeal hearing coming up on 15th September. It is a phase transition appeal for my son's named school.

The LA have previously agreed to the hearing date being bought forward, I have the email to prove it and did send a screenshot with my send7 form.
I was also thinking to ask the tribunal to look at section F in addition to section B and I.
Now the LA are saying they are objecting to my request for an earlier hearing as well as to adding section F to my appeal.
The Tribunal still haven't sent me a new date (it's been a month since I made the request).
They said they will object on the grounds that they will not have enough time to prepare their case.
I have already employed my own OT for an assessment, but the LA solicitors say adding section F will not give them enough time to carry out their own OT assessment.
Since it is a phase transition I wanted to get the hearing result before the beginning of next term.

Thank you kindly.

Just because the LA object doesn’t necessarily mean SENDIST will agree with them.

Thank you for responding.
That's the answer I was hoping for. Does their objection hold weight if I have legitimate reasons for both requests?
I really hope not. I've been calling Sendist every week since I made the request. I wish they would just get on with it and send me a new date!

The weight given to LA objections depends on individual cases. For example, in your case, the fact you have a legitimately reason and it being a phase transfer will go in your favour, but you wanting to amend the grounds of appeal will mean their objection has more weight than it would if you weren’t and just wanted an expedited hearing.

I'm adding section f because I was hoping the annual review would reflect changes in his ehcp. The annual review was not done within 12 months. After I kept asking, it was eventually carried out after 15 months. Is that not enough reason for me to get an independent OT and add those grounds of appeal to the case?

I wasn’t suggesting you shouldn’t seek to also appeal F or get an independent OT report. If F doesn’t accurately reflect the SEP reasonably required then of course you should appeal F too. What I was saying is, the LA’s objection to an expedited hearing carries more weight than if you weren’t seeking to amend the grounds of appeal.

I see.
Thankfully they have already brought the date forward, I got an email a few days ago. What are the chances they will grant the request to amend grounds? Although the LA have objected I have sent the request anyway.
Thank you, I appreciate your input

Far more often than not SENDIST agree, even if it means adjourning.

Hello there 👋
Please can anybody help me out here with some advice,

I have a Send tribunal case going on the final deadline has now passed my LA failed to submit any proper evidence what they did submitted was just ofsted reports & the form that says they oppose the case, No evidence about my child about why they oppose the case whatsoever,

I requested that the LA consult with a second school so that when I go to tribunal I would hopefully have another offer on the table as currently the first school I have asked for is full & they are using the incompatibility of the efficient education of others not to admit & making things so difficult for me, The LA have left it over five weeks to send the consultation to the 2nd school after I requested it & now that it is the summer holidays it won’t be looked at until September at the earliest & the school have requested more time.

My question is the LA have sent me a request to change the final evidence deadline even though the date has already passed & they have issued the bundle to myself as well as the court, I’ve noticed that they have also changed the tribunal officer working on my case as well,

I’ve refused to change the final deadline date as I feel that they have had more than enough time to meet the deadlines set out by the tribunal, All through this process they have messed me around I even did mediation with them before I even logged a tribunal case which was such a waste of time as they were so ruthless,

Does anybody know where I stand now that I’ve refused I’m presuming they will apply to the court to submit as late evidence which I believe is what they should have been doing in the first place,

Any advice would be gratefully received as this is such a battle to navigate as it is & I just do not trust the LA

LAs often use mediation as a delaying tactic. If you have to appeal again in the future, just get the certificate and submit to SENDIST. If the LA is going to concede, they will do so regardless of whether you actively partake in mediation or just get a certificate and submit to SENDIST.

Even though you object SENDIST can and possibly will still allow the request. Frustratingly, LAs miss SENDIST deadlines all the time and most of the time they get away with it and are given chance after chance.

I’m presuming they will apply to the court to submit as late evidence which I believe is what they should have been doing in the first place,

I’m not sure what you mean by this? As they have done, the LA has to seek your view before submitting a Request for Change form (SEND7) to SENDIST. The LA will now submit this form and your response to SENDIST, and SENDIST will decide.

The bar to prove a school is so full admitting DC is incompatible is higher than many LAs and schools acknowledge. It is more than an “adverse effect”, “impact on” or “prejudicial to”.

@Relaxinghammock Thank you for your reply I really appreciate it

I’m presuming they will apply to the court to submit as late evidence which I believe is what they should have been doing in the first place,

What I mean by this is if I agree to change the final evidence deadline date will it make it look like the LA haven’t submitted their evidence late because I’ve agreed to this ? I’m just so untrusting of the LA because all through the EHCP process they have been absolutely appalling

It will be clear the LA has missed deadline.

@Relaxinghammock Thank you so much for your help it’s very much appreciated xXx