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SN children

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Original poster

We lost the bloody tribunal :(

24 replies

babiki · 07/03/2013 11:27

Solicitor said he thinks there are grounds for taking to Upper Tribunal, so thinking about it. Appatently the panel did disregard OT evidence and also put too much weight on hearsay evidence from LEA about the Premium fundind and the way it's allocated etc.

OP posts:

bjkmummy · 07/03/2013 11:29

Babiki, I am so so sorry xxxxxxxxxx take a bit of time to think things through and decide what to do next. If I had lost, I was going to appeal as well. Come back and let us know if there is anything we can do to help.

sickofsocalledexperts · 07/03/2013 11:31

Very sorry to hear that. I know 2 people who overturned at Upper and one who
Lost again. I would go for it

bialystockandbloom · 07/03/2013 11:33

So sorry

silverfrog · 07/03/2013 11:33

I am so sorry.

take some time to digest, and then come back fighting - whichever direction your fight takes.

if you decide to appeal, I am sure there are posters who will have good words of advice.

PolterGoose · 07/03/2013 11:35

This reply has been deleted

Message withdrawn at poster's request.

Original poster

babiki · 07/03/2013 11:38

Thanks guys. I think we should go for it, but DH not convinced :)

OP posts:

Icedcakeandflower · 07/03/2013 11:56

As others have said, take some time to digest and decide what's best for your child and your family.

ouryve · 07/03/2013 12:00

Pffft :(

I've just caught up on your thread about the day, too.

tryingtokeepintune · 07/03/2013 12:04

So sorry to hear that.

Original poster

babiki · 07/03/2013 12:08

Sickofsocalledexperts - can't find much info about the Second Tier online... Is it much the same as First tier - witnesses, evidence etc?

OP posts:

coff33pot · 07/03/2013 12:15

oh no I am sorry to read this

OhYeaBaby · 07/03/2013 12:17

lougle · 07/03/2013 12:23

How disappointing for you Why did the panel disregard the OT report?

willowthecat · 07/03/2013 12:32

Sorry to hear this - we lost our tribunal last week but bouncing back now and waiting to see if grounds for appeal. Even though we know rationally victory is hardly guaranteed, it's still a big shock to lose.... Our panel was very weak and did not ask any hard questions to LEA witnesses - seemed to think it was all just somehow true - handed down to Moses on a spare stone tablet etc.

StarlightMcKenzie · 07/03/2013 12:36

You have a bit of time. Digest, then go through the decision making a note of anything that jumps out of you as unfair, misleading etc.

I'm really sorry. There is a perception 'out there', that what the tribunal decides is somehow 'right' which is often very far from the truth, and hard to explain to those around you and in real life.

You should be very proud of yourself all the same. You fought as hard as you could with the tools that you could get hold of, for your child. That means a lot.

Original poster

babiki · 07/03/2013 12:42

Lougle am not sure, didn't see it yet, solicitor said they didn't take into consideration... He said the findings are very poorly done and there are clesr errors of law - well in his opinion of course.
Willowthecat - yes, it's unnerving, isn't it? Let me know if you go for appeal.
Star thanks, yes I hope my DH will realise it in the end, he really though 'the truth' will 'win'. He is more upset than me.

OP posts:

StarlightMcKenzie · 07/03/2013 12:59

Well he probably doesn't want to appeal because he feels the system is corrupt/uncaring/stupid/biased/barbaric, and he'd be right.

Don't feel you have to appeal just because you have a case either.

I had a case, but didn't appeal our lost tribunal decision, because I was focussing on the overal outcome, not the fight.

I regret it, because it meant I had to leave justice undone and that is hard even now, but ds is better off, and we are better off as a family for not having continued at that point (We appealed again at the next AR instead, with new evidence).

willowthecat · 07/03/2013 13:05

We are in a similar situation in that it may be best to save precious time and energy for the bigger picture of helping ds get the best education but it feels wrong to walk away from injustice but really can't say for definite until i see the written decision and what an appeal would involve.

frizzcat · 07/03/2013 13:36

Sorry to read this

moosemama · 07/03/2013 14:32

So sorry to hear this babiki.

I second Star's last post and wish you all the best if you do decide to appeal, but equally hope that you can find another way to make things work without having to go through it all again.

Original poster

babiki · 07/03/2013 15:18

Just had a two hour driving lesson and survived :)
Girls I'm thinking about your comments - maybe I could just eait 6 months and ask for assesment again... I'm just worried with our afwul LEA it won't get done in time to have statement ready before ds starts school... Have to find put more info about the decision and also about the process of Upper Tribunal...
Thank you all.
And Star, you are spot on about my dh.

OP posts:

bochead · 07/03/2013 16:48

MareeyaDolores · 07/03/2013 22:56

A loss at tribunal isn't a wasted effort. It's very good training and practice for the tribunal that you win. Whether that's second tier now, or repeat SA in 6 months

StarlightMcKenzie · 08/03/2013 09:34

And whilst your child hasn't yet got what he is entitled to, the services will keep on their toes just a bit more than they would had they never been challenged iyswim.

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