post tribunal changes agreed wthout parental involvement

[tiredoffightingwithjelly]

Madness,you wait and wait to get to tribunal, then an Order is made,not everything you want but not all the LA's was either.

Then the LA legal bod asks for more changes and seemingly the tribunal agrees them without any consultation or recourse to the parent.

Has anyone else experienced this, I am completely confused about what justice means! How can you have a hearing, come to a decision and then change things because one party asks for it after the Order has been granted?

I wish I could say I was shocked!

Do you have access to legal support?

IPSEA - phone em now!

Is it possible to get anymore jaded? Sadly nothing shocks me anymore.

This is a clear breach of the SENDIST process, IPSEA will know of any other examples, case law etc.

Thanks for your posts.

LA have now appealed to upper tribunal against the first tier order. I think they are pushing it and spending tax payers money needlessly!

The first tier agreed one change stating it was an error on the initial order but the LA have made multiple changes without agreement or an Order!

Have passed this behaviour onto LGO................lets wait and see what happens!

aaaw ffs!

I'm routing for you & agree - God forbid taxpayers money is actually spent on helping kids, the sky would fall in!

I think they can only appeal on a point of law not a finding of fact.
So only if the first tier got the law wrong.

Tired, it's probably bullying mixed with trying their luck. Not that I'm expecting you to feel better. It's disgraceful and I'm sorry you're going through this.

Yes and they are stating (I believe, as they have not of course copied me into their appeal, I will have to ask the upper tier for a copy no doubt) that the first tier should not have heard a consolidated appeal.

It's very complicated as I appealed and they reassessed and issued a further statement during the waiting time. The two appeals were then consolidated (as is allowed and as was known prior to the hearing) but the LA are querying this and asking for changes to part one and part 3 of the statement that was ordered as a result. This has been looked at by another judge in the first tier who finds no error in law, hence the refusal of permission to appeal, the LA are persisiting by requesting permission of the upper tier. They are employing a locum barrister to do so and the costs must be significant.

Agnes, this is a pathfinder authority who I believe have made some extrordinary claims in their bid for pathfinder status. I think they are doing everything in their power to avoid having tribunal judgements against them, everything that is but actually provide what it is deemed a child needs!

This could be me being a tad cynical, I will wait and see.

Starlight, we cross posted, Thankyou somuch for yoour post but I'm fine, this is nothing compared to what we have been put through in the last six years but I'm not for bullying, not anymore, so if they think they can get to me by using these tactics they should perhaps think again. Although it would certainly seem that thinking is not their strongpoint! :O

And typing on this keyboard with sticky keys is clearly not mine, please excuse the appalling typos :o

This sounds like the kind of case that eventually makes to the example case pdf downloads of the IPSEA website.

Are the LA aware that kids can sue the LA for failing to provide an education once they reach adulthood and get proper monetary compensation? They are providing the evidence for a tidy payout to your adult child.

Unbelievable, upper tribunal have listed a hearing, the costs must be very high. Does anyone have any idea what the court costs alone are likely to be?

The provision being appealed would cost the LA less than 12 pounds a week, what a sham!

Really sorry.

Could you point this out to the upper tribunal, suggesting that it might be not best use of public funds!?

I'm afraid I have very little knowledge of this process however.

I know you can get legal aid for the upper tier - not sure on eligibility criteria e.g. if on child or parents finances but worth finding out

tiredof - email me if I can help in any way. This is crazy. You could go to the media?? Telegraph or Mail - someone who hates public bodies!

Thanks AE, approaching the media is indeed what I am currently considering but think I will wait for the outcome of the upper tier hearing to take place shortly.

Are you able to get legal aid for it? Have you selected a solicitor? I have a few thoughts on who to avoid!

Thanks Agnes. I am thinking of instructing counsel via the direct access scheme and then putting in a claim against the LA for costs and will be making enquiries today!

Heck I wanna retrain!!!!!

I'd only take on a few cases at a time and do them very VERY thoroughly.

AE we cross posted I am going to try a reputable chambers first to see if they will take this on, it will be costly and there is of course the risk we will not be granted costs but worth a try I think.

Perhaps we could do it together and call ourselves appropiatelystarred or starrilyemployed!!

I do know a couple of education barristers perhaps I should shadow them and pick up some experience.

Sorry tired that continues a conversation from another thread.

I found Chris Barnett at Levenes very thorough and should have stuck with him.

Chris would have suggestions for counsel if it turns out you need a solicitor too.

Nah, I think 'AppropriatelyTrained' is good, or even just 'accountability'.

God knows how we'd make money though!

Thanks AE I shall maybe try Chris too but don't have much time to play with.

ps I reckon you and star should go for it, the second suggested name seems much more catchy to me!