EHCP tribunal

[Ohduckcake]

I was hoping for some advice please – I’ll try and break this down:

We’re going to tribunal next month for refusal to issue. Our case was outsourced by the LA to their solicitors at the end of last year (November time for the first stage appeal I think). We haven’t spoken to anyone at the LA for a year as when I called to ask a question I was told “There is no value in me speaking to you Mrs xxx”

Before school started in September, our school SENCO was asked to meet with the appeals and SEN team about our appeal, and where DS is at for an update

Last month (19th) we were contacted by the LA’s solicitors to tell us that the LA were ‘minded to issue’ if we were happy with our current school placement. We are and said so, said we were looking forward to seeing a draft EHCP. They confirmed that LA were happy with this and would be in touch with a draft. We have since heard nothing. I gave it 10 working days and sent a polite but direct chasing email to both the solicitors and lead contact at the LA, still nothing.

Yesterday our SENCO was invited to a meeting where seemingly the LA have admitted to mishandling our appeal (obviously they’ll never admit that to us!) and because it’s got missed/ dropped, although they want to issue we now have to go to tribunal. The Education officer seems to now be taking it forward, but has said that she can’t see a way around tribunal. In the meantime we’ve still heard nothing.

I just wanted some advice:
Does this sound right?
We can’t afford legal representation and were planning on self representation, this feels mighty odd now and I’m wondering if we need one (also how many limbs do I have to sell to fund a solicitior)
What do I need to do now, I’m at a loss, and not even sure where to go for advice.
Thanks in advance

i am probably being thick but I can’t really work out what’s going on

If it reassured you, neither can I?

Essentially - we're due to go to tribunal refusal to issue in 3 weeks

We were told last month that they were going to issue as long as we were happy with current, mainstream provision - which we were and confirmed.

Today we found out that seemingly nothing has happened since and that despite wanting to issue because they're not ready (they've not prepared a plan) we have to go to tribunal.

Apart from a handhold as I lose my mind and contemplate taking up day drinking I just wondered if anyone had any advice.

Still not clear so I’ll leave to a finer brain

The LA is muddying the waters. The issue of whether to issue or not is separate to the matter of what placement is named in any subsequent EHCP. Naughty of them to suggest otherwise.

The LA can concede at this stage. If the LA is conceding the refusal to issue appeal, they need to go via the Consent Order route/SENDIST. The LA/their representation knows this. Don’t be fooled.

There won’t be a draft until after the conclusion of the appeal via consent order - the LA gets 5 weeks to issue a draft from the date of the consent order and 11 weeks to finalise.

You don’t need representation.

Has any of what you are told been put in writing? If the LA told you that they were minded to issue and didn't say that the offer was without prejudice, you can file it as evidence. Likewise if the SENCO reported back in writing on what she was told during the meeting.

There is absolutely no reason why they can't concede without going to tribunal - in fact they really should, because as matters stand they are seriously wasting tribunal time. I would be tempted to write to them setting everything out and inviting them to concede; point out that they are wasting valuable tribunal time and delaying urgently needed provision for your child's acknowledged needs. Tell them that if they insist on going ahead you will be claiming costs.

Hello, I just wanted to say thank you - I lifted some of your wording - emailed the appeals lead worker, head of SEN, and their solicitor - then 24 hours later called them all and a day later we received agreement to concede. Now, of course we've got to sort a plan, which will doubtlessly be another battle, but we're one step closer! So thank you!

That's great news!

The crapness of these people knows no bounds.

It does come as a surprise to begin with.