Active discussions

Please or to access all these features

Talk
SN children

Here are some suggested organisations that offer expert advice on special needs.

Original poster

Buniak-v-Jenny Hammond school

18 replies

hoxtonbabe · 17/08/2013 14:48

Hi...

Is anyone familiar with this case? I am urgently and desperately trying to get hold of the full ruling. It was a significant case so I'm surprised I'm having so much difficulty finding it. I'm finding news reports on it but nothing else.

I called sendist and they no longer have it in their archives ( its about 10 years now) I've even tried doing a people search to no avail.

Many thanks.

OP posts:
Summerhasloaded · 17/08/2013 15:38

Have you tried contacting Levenes who brought the case?

Original poster
hoxtonbabe · 17/08/2013 22:34

Good thinking summer! Sometimes you just need a fresh, person not involved head on these things, :-)

I'm not sure if they will give it to me ( assuming they still have it being so old they should have destroyed it by now??) if not I will be super nice to barrister and see if he can get it ( as he will ultimately need it in any case)

OP posts:
inappropriatelyemployed · 17/08/2013 23:25

Can't find it on Lexis or Justis. Will try Westlaw when I get into office on Monday.

You could ask IPSEA too.

Original poster
hoxtonbabe · 18/08/2013 09:30

Thanks IE...

IPSea are closed... They are the first people I thought of, but shut for the summer from 12th - 23rd August. I need this by the 21st.

OP posts:
autumnsmum · 18/08/2013 09:36

I remember it as I live in Waltham Forest try our local paper the Waltham Forest guardian as they did a report on the case

Original poster
hoxtonbabe · 18/08/2013 11:17

Thanks..will give that a whizz also.

I can't even find anything similar ( and more recent) its as if it really was the only case of its kind. From out chats on here the majority of us would have gone through a similar situation but because its not refered to so much, I think it's just become "hidden" my solicitor dealing with my matter had never come across it until I told her :-(

Am I right in assuming as Scotland laws are slightly different if I found a similar case but in Scotland I could not make reference to it??

OP posts:
inappropriatelyemployed · 18/08/2013 11:45

There was a recent case in Scotland under the EA about reasonable adjustments. Is that the one you are thinking of?

Yes, you can use Scottish law as persuasive reasoning (i.e. an example of how a court could handle it) but it doesn't bind.

nennypops · 18/08/2013 12:52

You could try contacting David Ruebain, the solicitor who dealt with the case, directly. He's no longer at Levines but seems still to be closely involved with disability issues - www.ecu.ac.uk/Members/DavidR

Summerhasloaded · 18/08/2013 15:34

You could also tweet him Smile, might be quicker?

twitter.com/ECUDavid_CEO

Original poster
hoxtonbabe · 18/08/2013 16:21

Awww, ladies, your all so lovely, I love the way everyone pulls together like this and makes me more determined to help others as everyone here has been so helpful and invaluable to me (once my hell is over!)

Nenny: I sent an email to him just before I read this reply :-)

IE, thanks for clarifying that. Regarding the scottish case I told the rep over the phone so I cant remember the exact names, I remember it was represented by Govan legal centre, but can find out from her when I catch up with her later in the week.

I am embarrassed to say, I have no clue about this twitter stuff...I got in on my phone and then removed it after a week, I coudnt get the hang of it, lol Blush

The main hurdle is to convince the judge that my DS meets the disabled criteria. DS gets middle and lower DLA, and I have listed how his difficulties (although he seems fine on the surface to most as he does not show any disruptive behaviors for the most part!) effects him (and me!) on a day to day basis, but a judge could still say, nope!

You know how some of these judges are...

OP posts:
Summerhasloaded · 18/08/2013 16:38

Scottishcase

Original poster
hoxtonbabe · 18/08/2013 16:50

Thank you!

Be careful, with all this efficiency, I may just hand over my case to you guys, lol

OP posts:
Original poster
hoxtonbabe · 19/08/2013 14:02

HA!...I have it now :-)

Thanks for helping out guys

OP posts:
inappropriatelyemployed · 19/08/2013 14:31

Yes, that was the case I was thinking of.

Summerhasloaded · 19/08/2013 14:49

Have you got the Buniak case? Well done! I would be interested in reading the transcript too if you have.

Good luck with what you're working on Flowers

Nigel1 · 19/08/2013 15:12

Buniak was a case heard before the FtT and therefore is not precedent forming. You can use it as an indicator only. As with any case that has not been before the UT or Admin Court the full facts will not be generally known. A FtT Judge will not give any or at best very little, weight to it.

Original poster
hoxtonbabe · 19/08/2013 23:02

Summer: PM me will send.

Nigel: that is mainly all I was going to use it for an indicator, however all I can do is give it a shot...worst case they say they will not give any weight to it as you say, but I have learnt along the way to go with my own judgment and had countless people tell me I won't win this and I can't do that relating to my DS case only for me to then go on to win it or get it. I'm not saying I am always successful but I sure as hell give it a try and its usually the things that are least expected.

OP posts:
Nigel1 · 20/08/2013 09:10

The best way to use it is to follow the logic of the case and apply it directly to yours. Not very helpful Im afraid.

New posts on this thread. Refresh page