Tribunal - anyone won when they felt like they had lost?

[bjkmummy]

Just wondering if I'm over analysing things.

La turned up and in the middle of the tribunal suddenly announced that arts arther than going into a mainstream school class the school would place him in the autism class with children who were going to be non verbal.

I felt that the panel were on the la side. At the end re costs they didn't seem overly interested in the LA costs as they said it was going to make no real difference as the difference still about 30k . My hubby and witnesses say we did okay so why do I have this awful sinking feeling in my stomach or am I just suffering from post tribuna immediate blues?

Hi bjk

It's like a job interview, you'll replay it in your mind 100 times and always think you've done badly

The Panel are not stupid enough to place a verbal child in a class of non-verbal peers. Imagine the Sun headline!!

You just need to chill

I'd convinced myself I failed my last job interview - wrongly

It's over at last which is a good thing and it is out of your hands what the Judge decides. It is a horrible wait to see what they have decided fingers crossed that it will go the right way.

I have been doing tribunal's for 20 odd years. I have come out of a tribunal convinced that I was going to lose and won and similarly I have come out of the tribunal convinced I have won and lost.

Naturally I thought I was rubbish but I have checked this with colleagues over many years, including very senior barristers. Anybody working in this field will tell you that you can never be entirely sure what a tribunal is going to say.

It is established representative/Solicitor/barrister case law that different tribunal's with the same papers could quite easily come up with different decisions. It depends who is on the panel and their viewpoint/experience.

With a £30 K difference in costs you are clearly not arguing on costs, but the value added by being in the parental choice of placement.

My normal advice to parents after a tribunal is to go home and drink two very large glasses of wine and go to sleep.

The next day when you wake up, do not sit there and worry that if you only you had said xxx everything would have changed/better different. The reality is that tribunal is generally quite good at digging facts out and if you have prepared the case properly they will have all the relevant information. It is a fact-based process. Parents are normally very good advocates for their child. They do however sometimes need a little guidance on what to say and what to gather.

So long as you have not lent across the table and battered the local authority's rep/witnesses or even worse, one of the tribunal panel members then I suspect that you have given as good an account of the circumstances of your case and you must now wait for the decision and until then put it out of your mind.

Chill

Thanks Nigel, that's really good advice x not sure how I will get through the next 2 weeks. Was hoping after today I would feel like the weight would be lifted of my shoulders but at the moment it still feels like its still all there

bjk, fwiw I think it is fairly normal to feel as you do as the adrenaline come-down sends you into a bit of an induced depression.

It is also sadly quite true that the system isn't actually much in the way of a system of justice and whilst you can only play the facts, tribunal panels can take them and rule all over the place. The point being, you've done your bit. You stuck up for your child. You should be proud of yourself as we are all of you.

What happens next is neither within your control, nor entirely dependent on your performance.

Find something to do to occupy your time.

Not always pipinjo - I have had good, bad and nice but not very bright Judges before it is literally down to their opinion on the whole on the day and who and what they believed.

What wassup said. I see it more as 'another go' rather than a fairer one iyswim.

My biggest worry is that the tribu al name the mainstream school with the unit. I hate this school, have had an awful previous experience with it plus I removed my son out of there after 6 weeks. If they name this school, I could not send him there. He will never agree to go because of his previous experience.I can accept that they say it's mainstream with add unit but would prefer him to go to another school with this provision but I know the tribunal will name the school rather than the type of provision - how would I get rou d trying to name a different school? From what I've read you can't ask to change a name of a school within a year of a tribunal order? Is that really correct?

Yes. But, for now, there is not a lot of point worrying about it. It will be what it will be, and then you'll look at your options then.

One might be to appeal the decision. It is also possible to 'negotiate' after the tribunal has made an order to some extent, though you have to include the tribunal in the negotiations and it has to be straightforward.

And, - a year isn't very long (38 weeks). You can send him there for a few weeks collecting evidence and if the the placement breaks down it could trigger an emergency annual review or home tutoring.

I know if feels desperate, but that's only because there is an information void and you don't know what your options are yet. You are also probably finding it difficult to keep your motivation to 'do something', 'find out something' at bay because you are no longer in the middle of a battle.

You NEED to rest in order to deal with whatever outcome presents as even a win will have challenges.

Whatever happens, it won't be over. So see this as a part of the journey rather than something your whole life hinges on getting right.