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Helping others with Tribunal

64 replies

appropriatelyemployed · 03/06/2012 08:50

I saw the post below about the stress of Tribunal and I really sympathise. We pulled our children out of school 3 weeks before ours when it dawned on us that no amount of extra hours or S&LT would make school honour our son's statement and support him.

What I have learnt since is the depths to which the LA will go to attack a parent who is challenging them. Despicable, without morals and any sense of public service ethos.

I am a lawyer. I am not an education lawyer. I have access to legal databases and some experience of the system.

If I can help anyone out there - even just by offering a fresh pair of eyes or talking you through the rules etc or helping with DPA/FOI requests etc - let me know.

If there are others out there who can help, perhaps we can band together??

One point I would stress. If you are dealing with health professionals, they have a duty of confidentiality to your child and are required by the Data Protection Act to get your consent to releasing information. Make sure they do this. A simple letter asking them to obtain your information before disclosing documents may mean you stop some of the crap they usually file on behalf of the LA.

OP posts:
claw4 · 06/06/2012 12:09

Sorry AE, i didnt get the chance to get back on yesterday.

Oh yes i know exactly what they accusing me of. I was just thinking the need for assessments could work both ways. However, if it is necessary, i can get the same people to assess him again, just not right now. They will obviously refuse to assess, so i need to time my assessments.

Ds got his dx of ASD almost 3 years ago now.

School have replied to my letter, following my letter after the meeting the other week. Its a very 'hostile' letter and i am accused of taking inappropriate photos of ds and that i have taken 'selective' quotes from a report i which was out of date.

claw4 · 06/06/2012 12:15

Im going to need a solicitor NOW, does it have to be an education solicitor for this type of thing?

claw4 · 06/06/2012 12:23

Just googled the SS team, its the 'at risk' team. Seems i should be preparing for SS visit, not a Tribunal.

StarlightMaJesty · 06/06/2012 12:33

Yes. SEN solicitors are usually aware of the SS aspect of these things too.

Remember, - you absolutely agree that your ds is 'at risk', and are hoping that they can do something towards supporting you challenge the abhorant neglect and damage that your child is currently suffering due to well-meaning people that just do not have the expertise to be able to get it right for your child.

claw4 · 06/06/2012 12:40

I will google one in my area.

What to do about this letter from school?

It states paraphrasing - i didnt say we dont see any anxious behaviour in school. You have taken selective quotes from reports which are now out of date. We are concerned that your constant focus on your perceptions of ds's difficulties, along with the inappropriate photographing is causing him distress.

She is referring to the CAMHS report, which i quoted at them, as it states exactly what the cause of ds's anxiety is.

StarlightMaJesty · 06/06/2012 12:50

innapropriate photographing?

Oh ffs claw. I'm not sure how you're not downing a bottle of vodka a night.

Innappropriate photographing is what peadophiles do, not mothers gathering evidence of self-harm to secure support for their children. Do you sell these pics on the internet?

But you know not to defend this allegation right? If you get into a discussion/battle/defense of it it will get complicated and side track the focus.

Just treat this letter as evidence of their bewilderment at the complexity of what they are dealing with in your ds' needs. He is so far outside their experience that they are jumping to all kinds of outragious conclusions because they just do not understand what to do.

bochead · 06/06/2012 12:57

claw4 - I went through this. Have to go out now but will pm you tonight.

Just know it's a standard bullying tactic & nothing to fret about.

According to my solicitor & IPSEA, SW's are often used to bully parents by education departments - but a SW will know that a family court judge will DEMAND to know by cahms rec's from your report were never followed and will ask difficult questions of the education dept. They'll back off as soon as it becomes clear you intend to stand your ground as SW's have teflon shoulders tooWink.

It's just a tactic to get you to put up, shut up & go away - don't fall for it. Star gives good advice.

claw4 · 06/06/2012 13:10

Im a lightweight Star, i barely drink and when i do, wine and i have to add lemonade to it! When i googled the team and what they do, i must admit, it worried me.

I wont be defending it, other than its ridicolous. The report from experts about what causes his anxiety and self harm is out of date, so of course school now become experts, disregard an out of date report and conclude its mum Hmm Im starting to think i live on another planet.

StarlightMaJesty · 06/06/2012 13:14

It's not out of date. Does it say on the report that advice should be disgarded after a set amount of time?

Does the school have an up to date CAHMS report stating that it is your fault?

It's a horrible horrible and nasty allegation, but it is nuts, and it shouldn't be anything to worry about.

claw4 · 06/06/2012 13:31

No and no, i have several reports from CAMHS over the year and half period they provided therapy to ds. The latest being following a meeting in Dec 2011, where school were told the cause of ds's anxieties was school. I actually quoted the 'nicer' non blamey one at them in my letter.

I was trying to get them to understand that it is a FACT that ds suffers with high anxiety, whether they agreed with it or not, it is FACT. Also in which environment he demonstrates it, is irrelevant as CAMHS has stated overwhelming events during the day follow him to night and affect his sleep, eating etc, etc.

mycarscallednev · 08/06/2012 11:08

Bump!

appropriatelyemployed · 08/06/2012 12:00

You absolutely need to get solicitors involved right now to try and knock this nonsense on the head before it escalates.

My experience is that the big education firms are well aware of these shoddy practices. Maxwell Gillott do education and health/social care law.

Ring them and see if someone can take on your case and at least write a letter to these shits.

Don't respond yourself. Let your lawyers do the talking.

OP posts:
claw4 · 09/06/2012 07:58

Thanks AE, i did phone Maxwell Gillott about 2 weeks ago and also emailed them a few times, no one got back to me, other than to say someone would be getting back to me. I havent been very impressed with them.

However, i took the first steps to instruct a solicitor yesterday, one that deals in education and it does feel like a relief. The kids and I will be eating beans on toast for a year, but its worth it!

I have written to school myself in the meantime, Star looked over the letter for me and gave me a few pointers and solicitor can take over soon.

claw4 · 09/06/2012 12:57

I take back what i said about Maxwell's some forms have arrived in the post for me today. They must have been listening, without actually answering my emails!

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