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Pre Tribunal Meeting - Help.......

43 replies

nickminiink · 04/06/2012 23:01

Hi, just come back from my holiday and received a letter from SENA requesting a pre-tribunal meeting on the 13 th June, head of Sen from my sons school, LEA EP and SEN case officer will be present basically everyone attending the tribunal. Our tribunal for refusal of a statement is on the 15th, So 2 days apart. Is this normal and standard practice, what am I to expect as I can't see the point of this meeting, unless they are going to grant the statement, as I'm not backing down with 2 days to go. Just confused why now and not say 3 months ago.
Anyone been in a similar position, not sure what to expect or say as everthing will be said at the tribunal

Any help would be very much appreciated

Thanks

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StarlightMaJesty · 04/06/2012 23:03

Write to them asking for an agenda and the purpose if the meeting. Ask them if they are considering conceding and on what points.

StarlightMaJesty · 04/06/2012 23:04

And asking them what has changed in 3 months is a fair question to have answered before you agree to meet.

sickofincompetenceandbullshit · 05/06/2012 00:12

Gaagghhhh...I had one of these this week. Mine was about the contents of the Statement. They had removed some therapies, for no reason that they could give and based on no recommendations that I had seen. I suspect that the case statement was done very quickly as it made no sense and was pretty irrelevant to the issues. At the pre-Tribunal meeting, they gave in and put back what had been removed and also added in more. Bizarre. I tried to get to the bottom of why it had been removed in the first place, but he didn't know Hmm. This was Head of SEN, by the way Hmm.

I had prepared a 'we want x. This is why...and this report backs up the need for this because...' type format, but didn't need it. They knew that they had no case and opposing our appeal seems to just have been a standard 'will she take it all the way?' type tactic. Used to it now - this is the 4th time they've backed out as they've known that they had no case. Pisses me right off but these meetings have always been of value as they've always caved.

WetAugust · 05/06/2012 00:44

If you do go - take someone with you and don't say anything, just listen.

They are trying to sound you out before the Tribunal, so the less you tell them the better.

Unless they concede totally and in writing you must attend the Tribunal.

ArthurPewty · 05/06/2012 07:59

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nickminiink · 05/06/2012 08:07

Thanks for your replies, the letter states pre tribunal meeting set for the 13 th as the hearing takes place on the 15th, so can't see them backing down ad they mention the hearing. Just can't see the point of this meeting, with 2 days to go can't see they have Time to withdraw. I now have an IPSEA rep going with me which took me this long to get one 1 day before my holiday, so sent him all reports etc but he can't make this meeting. I want to sit there and say nothing as like I said don't know what this meeting is going to prove at this late stage. But I'm do wound up with the stress and sleepless nights they have caused me not sure I can sit quietly.

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ArthurPewty · 05/06/2012 08:08

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ArthurPewty · 05/06/2012 08:09

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nickminiink · 05/06/2012 08:15

Nightmare isn't LeonieDelt, the stress is too much thats why we went on holiday we all needed 1 week to be "normal" and forget SEN. It kind of worked my son loved it and lived in the pool it wad nice to see, however he kept forgetting what it was called, lake, pond, sea but never swimming pool. On the plane home it all started again me planning in my head the tribunal and home to this letter and the final bundle from the appeal. The bundle is a dogs dinner, double sided copies everything all mixed up how the hell are the panel going to make sense of it is beyond me.

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nickminiink · 05/06/2012 08:21

LeonieDelt, same as you not heard a word from the lea since Jan, ok we had a half hearted revert back to statement panel got our hopes up to be told no, now this 2 fecking days before the hearing. Other than that no attempt to meet before and resolve. I'm so pissed of with it all it'd hard to stay calm just want to bang there heads together and tell them my son needs help and he is struggling at school despite their bullshit

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ArthurPewty · 05/06/2012 08:31

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nickminiink · 05/06/2012 08:51

Christ you are so more organised than me, ok back on it really needs sorting. Wasn't expecting the bundle to be this shit.

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ArthurPewty · 05/06/2012 09:18

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appropriatelyemployed · 05/06/2012 09:22

I think the advice to go and listen is good. If they offer something, don't agree, just take the 'plenty to think about there, we'll get back to you'.

Take someone. Write it all down. If they want you to set out your case, say, it's all very clear from your reports and your working document, perhaps they would like to tell you what their problems are with what is being suggested.

As for what it costs the LA to go to Tribunal - I think they often just shove a case officer down there and hope for the best so costs are not always great. Why spend too much when you can pull the wool over a panel most of the time anyway?

StarlightMaJesty · 05/06/2012 09:55

Costs are not an issue for LAs. The funding for legal fees etc comes out of a different budget to SEN so they don't count it, and the cost of officers attending on the day is a cost they have anyway in salary terms but they get a day out in London/other city on expenses!

AgnesDiPesto · 05/06/2012 17:23

We were never offered a meeting and I would be wary so close to tribunal. The only procedural reason would be to go through the working document and see what if anything can be agreed. I wouldn't discuss anything else tbh. Sometimes cases get bumped up to someone more senior at the last minute but unless they are offering more say nothing. If they are not going through the working doc or offering something new I would leave. Many LAs will send a caseworker to tribunal just to try and undermine the parents / their case / lie about their provision. I agree its not a cost to them.

ArthurPewty · 05/06/2012 17:42

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appropriatelyemployed · 05/06/2012 18:17

Quite right Leonie. Ask then if the meeting is to discuss issuing a statement. Otherwise they are wasting everyone's time.

AgnesDiPesto · 05/06/2012 22:39

oh sorry getting confused, so agree must be waste of time then as what is there to discuss?

nickminiink · 06/06/2012 00:31

Thanks everyone, I agree if the meeting is not to issue a statement, then whats the point of it. With 2 days to go there is nothing else to discuss as it will all be said at the tribunal. The thing I can't get my head round is my son leaves in approx 5 weeks to move up to secondary school and because of the time taken to get here the argument is now not with his primary but for his future and ensuring correct provision is given and all the other benefits of a statement because his progress has been inadequate at this school. Strange one for me to get my head around ad the head of sen is a witness and she has only 5 weeks left with my son, then she can sit back and relax as me and my son are out of her hair for good.

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ArthurPewty · 06/06/2012 07:55

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nickminiink · 06/06/2012 15:18

Ok I phoned the LEA to discuss the purpose of the pre tribunal meeting and it is not to concede and issue a statement but more to discuss the content and hope to convince me to back down and agree the NIL. I politely said no unless you issue the statement then there is no point to this meeting as it all be discussed at the hearing. She agreed so now I am not attending and they are using the meeting as a pre tribunal discussion for their case.
I'm assuming I've done the right thing and this doesn't affect the hearing as not being complient there just was no point to.the meeting, they wanted me to back down.

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ArthurPewty · 06/06/2012 16:03

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ArthurPewty · 06/06/2012 16:04

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StarlightMaJesty · 06/06/2012 16:22

Okay, but write to them to clarify in an email or letter and take it with you to read out on the day if they make any suggestion that you were refusing to negotiate.