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Off to Tribunal

40 replies

rosielou678 · 14/06/2013 13:13

Evidence deadline was today. LA has had all my evidence for 4 weeks and have ignored all requests for a meeting. LA has just come through with their evidence- they will be fighting us. So we will be heading to Tribunal. Putting aside that they have ignored all my experts' opinions, they have said the cost of place at their school is £575 - totally ignoring the fact that they should be using the figures of £6k. If they had used these correct figures then their figures match the indie school. We get to the indie school fees even if we agree with their extremely low level of provision.

The LA school, who told my independent EP that they don't have the experience, have now told the LA EP that they can help.

I am furious and disappointed that once against LA seem to think that they are above the law.

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rosielou678 · 14/06/2013 17:46

Oh well. I've had enough and will be throwing in the towel on Monday. The LA have won because I not have anything more to give

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ArthurPewty · 14/06/2013 18:04

This reply has been deleted

Message withdrawn at poster's request.

inappropriatelyemployed · 14/06/2013 18:07

You are not at the end game yet! This is the reaction they are hoping for. It is a game of massive institutional bullying - do not give up.

ArthurPewty · 14/06/2013 18:12

This reply has been deleted

Message withdrawn at poster's request.

KOKOagainandagain · 14/06/2013 18:17

rosie - don't you dare!

In any case you can't Sad.

Sorry you have to go on a crap journey but we will be with you all the way and it is worth it Smile

tryingtokeepintune · 14/06/2013 18:22

Rosie, holding your hands.

My evidence deadline was yesterday.

Don't give in till the last minute - you never know what they'll offer.

Handywoman · 14/06/2013 18:54

RosieLou it so ain't over yet.... Please don't give up.... We are hear to hold your hand. The worse that can happen is you go to tribunal, the best that can happen is that they concede before then!!

rosielou678 · 14/06/2013 18:57

Thanks everyone. It is institutional bullying. They're not even playing fair legally or morally. I'm knackered from it all and all the mental bullying they've subjected me to for the last 18 months

So I will have to pay the substantial costs of getting everyone in court, even tho they won't be needed to defend their recommendations, because on money alone, if the LA use the legally correct £6k, then the 2 schools are exactly the same amount!

And they want me to a relationship with this school!

The system stinks

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nostoppingme · 14/06/2013 18:57

NO YOU WILL NOT Rosielou678!!! DO NOT GIVE UP, EVER!!!!!!

I so want to swear right now (at your LA).

Think of your son, thoughts only on your son.

You can do this, please and also for us.

chocnomore · 14/06/2013 19:58

you are right, the system stinks. but you have gone so far already. just take the LA response in over the weekend. hope you find the energy to keep going.

honk honk

beautifulgirls · 14/06/2013 20:41

You can do this. Don't give up here just because the LA will not listen now. They try every trick in the book to "hide" the costs of your child at current placement vs the costs of specialist.

Anyway, your position sounds similar to how we were some months ago. We had to go to tribunal, the LA defended everything right up to and through the hearing. At the hearing the panel asked a LOT of awkward questions to the LA witnesses who basically had to stand there and admit that DD had issues that needed support (but hadn't been). They had the SENCO of school there and the panel put her in the spotlight about how she really could justify DD fitting in there with the level of achievement on average in the school being very different to DD expectations. Anyway, the tribunal not only went in our favour but the panel gave us absolutely everything we had asked for in the working document as we wanted it. It was a huge stress, yes there was expense and we did have legal support but DD is now much happier in an indi specialist school.

Don't give up!!

beautifulgirls · 14/06/2013 20:42

oh, and if you still feel like giving up, just remember that that is what they want you to do...it's why they fight like this. Do NOT let them get the better of you!

rosielou678 · 14/06/2013 21:04

The trouble is my son has never been in this school. He is 5 years behind in reading/writing but only 2 years left of primary. Which means even if there is a miracle and he catches up by 2 years, he will still be way behind in secondary

So there isn't a track record of failure at this school. But plenty elsewhere.

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rosielou678 · 14/06/2013 21:07

And the SENCO/head teacher was too busy to met either myself or my EP but was available to met with the LA EP!

She is now a witness.

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StarlightMcKenzie · 14/06/2013 21:24

Tribunal's not so scary.

Throw in the towel after it.

You're one of many victim warriors. Hold your head high and take something to remind you of us all to the tribunal and as it develops imagine that you are posting on a thread about it. That will help you keep some emotional distance and rational stance.

inappropriatelyemployed · 14/06/2013 21:59

It is the cost involved though isn't it? The unnecessary financial cost and unfairness. Costs you'll never get back. Lawyer and experts walk away happy and you do too if the Tribunal goes your way but the financial impact can be massive.

I've probably, somehow, spent ten thousand pounds on the journey thus far. For what? A child out to school who I teach myself. What a joke!

rosielou678 · 14/06/2013 22:03

Ie - by the end of this we will be triple yours.

It is a total and utter joke.

I am very tempted to take my son to their school on Monday and say "you can support him. Now get on with it"

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StarlightMcKenzie · 14/06/2013 22:07

I wonder how many parents send a written withdrawal to tribunals stating their reasons as financial impediment from continuing against institutional bullies with unlimited funds.

rosielou678 · 14/06/2013 22:14

I suspect none do cos we get this far so keep going. Instead we have to go public after the event. What I've posted tonight on MNSP definitely "outs me". But I will be going much more public soon!

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inappropriatelyemployed · 14/06/2013 23:37

Rosie I am so sorry because I know how this anger and outrage eats at you. I know people can say it is the 'system' but you know what, I'd rather do anything than play these games with children's lives.

Two years after my first nightmare began I still have THREE complaints waiting to be resolved with oversight bodies for the way the bastards shafted my son and I am still supposed to deal with them when I know what they did to me behind my back.

My one source of consolation is campaigning and trying to make a change or at least raise some awareness in any small way. But nothing helps you live with that feeling that there are adults out there willing to do this to children.

StarlightMcKenzie · 14/06/2013 23:47

'But nothing helps you live with that feeling that there are adults out there willing to do this to children.'

No. I struggle with this every day of my life now. Having this information has made me unproductive and despairing though I have secured somewhat adequate provision for my ds temporarily. I don't know that I can ever again have the positive life-outlook I once had.

rosielou678 · 15/06/2013 00:36

I've been through some pretty crap events in my life but I've always believed in education and justice. Neither of which has been given to my son. Whats happened today makes me hopping mad. If the LA had been honest and lawful with me, I would have given in months ago. I visited the LA school with a totally open mind but then realised that they hadn't received the complete Statement (illegal but that doesnt matter) had been consulted retrospectively (ie Statement had been finalised and issued to me without first consulting the named school) again illegal but it doesn't matter. The head of the unit was horrified (and hugged me with tears in her eyes!!) when she realised how severe my son was and that her school couldn't provide (she's now backtracked that). There are so many other things that ultimately I will tell and go public on

If they had played fair, I would have given up and accepted inadequate provision. But they didnt play either fair or, of less importance to them, legally. They hate the indie school my son went to and hate my lawyers. (I have written proof of both of that.) So a child suffers

In some respects I am "lucky" - as a more mature mum I have the finances to keep going. Essex County Council, if you are reading this, see you in court.

Star - I know how you feel. But I'm not going to let these b*tards get away with it. Out of this crap, something has to make sense. Inappropriate - I'm with you and will help you 100% in your compaign.

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inappropriatelyemployed · 15/06/2013 00:38

I know what you mean. I was on the train today and there was a couple onboard with two kids - pre schoolers. And I thought how innocent their lives looked. I thought I must have looked like that once.

Don't get me wrong, my kids are my joy. They are fab and we have loads of laughs. But before DS1 went to school and these battles started, our lives had a sense of privacy and purpose and hopefulness they don't have now. We have been ground down by the sheer relentless deceitfulness of it all. We live outside that ' normal' world.

We've seen the reality of the system and know the fragility of plans made and undermined. It is a kind of trauma which leads you to never see the world the way you did before.

That you get vilified and lied to and about is just something I cannot get my head around at all but it is institutional bullying and the ONLY thing we can do is stand shoulder to shoulder against it.

Enough is enough,

rosielou678 · 15/06/2013 01:05

Enough certainly is enough! I will carry on (with all you lovely people's honks and handholding). Then will start to speak up for these illegal practices. After all the LA has effectively destroyed my career whilst I have had to home ed. So once my son is back at school, (wherever that school) I will have loads of time on my hands

Ironic thing is, I've spent the last couple of years shouting out how wonderful Essex is and have written a great deal publically and worldwide on the history and heritage of Essex. My blog has actually encouraged tourism to Essex! In fact on the very day that the LA shafted my son last year, Essex County Council asked me to give them a heritage talk on Essex (free of charge - of course!)

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rosielou678 · 15/06/2013 01:24

How effective are local MPs in helping this sort of thing?

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