What happens if LA misses deadline for filing report?

[tryingtokeepintune]

HI,

My LA has not filed their SALT report in time for the tribunal. However, they are relying quite heavily on it for the Working Document. Nothing too bad about the report BUT it does not mention any 1:1 support at all, unlike my private SALT report.

Can they rely on it for the tribunal? LA SALT is one of the witnesses on the list. LA is hoping to avoid tribunal but I really think ds needs 1:1.

I think -but could be wrong - that they would have to ask permission to submit late evidence and to be able to justify it being late eg say if assessment only took place after working document had been submitted.

www.specialeducationalneeds.co.uk/OurSENDISTDecisions/M%20v%20Surrey%20LEA%20_July%202005_-anonymised.pdf

Link is to a report of a tribunal case where parents were allowed to submit late evidence because none of the reports were available before the close of the case statement period and because copies of reports had been submitted to lea 5 working days before the tribunal. However lea were refused permission to submit a report which could reasonably have been available before the end of the case statement period.

My experience of tribunal is that they are lenient with all parties. Not good if you are a well-prepared parent with a crapola LA.

They can give oral evidence on the day even if they have not filed the report. They can also ask to submit it late.

Don't worry about it. Its your private SALT job to argue it out. The Tribunal will ask them both questions on the day and it doesn't sound like there is much in the report which surprises you

Thanks for the replies.

Have been told that they will be submitting it as late evidence now.

Sigh - have to keep reminding myself that if I don't fight for it, ds will get what is offered but if I do, at least he has a chance of getting 1:1.

Yes. Think of it as practise too. You'll learn more about the system and the possibles and you'll learn about lies and the law.

You'll also be flagged up as a parent who has balls and who can't be fobbed off. Not a bad thing.