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Towie will love this....

10 replies

hoxtonbabe · 17/10/2013 17:31

Here's a new one that even solicitor has never come across.

July 2013- we propose a cease to maintain.

August - we have ceased to maintain

August - I appeal, LA get told they must continue with the provision until matter heard

October- LA say "ummm, we have changed out minds, we no longer want to cease, we want to amend, and because we now want to ammed and no longer cease we do not need to keep provision in place"

Solicitor is like "huh" and how have you worked that out..she is not impressed, I simply told her I'm not surprised. I can't even be bothered to get annoyed by this, but I do need to vent!

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inappropriatelyemployed · 17/10/2013 18:40

Very naughty. They are obliged to keep provision in place on a cease to maintain but not if they keep the statement but withdraw the provision.

StarlightMcKenzie · 17/10/2013 20:50

Yes I've been aware of this strategy as a potential but been reassured by IPSEA that it is never done. My solicitor also thought I was bonkers for raising it as a possible LA strategy.

But obviously not.

hoxtonbabe · 17/10/2013 20:58

exactly! but let us not forget, the school and their lazy ass SENCO were all up for the cease to maintain also, and the EP that had never met my DS but recommended the LA cease to maintain and could apparently meet his needs on SA+ (which was nonsense too) therefore if they can meet his needs at SA and they were adamant my DS didn't need a statement, why the sudden turn about if it is for no other reason than to not be obligated to provide the provision, either way he will not be getting any support and I gave up on him getting anything for the rest of his time at school anyway, but post 16 will be interesting!

But it will not go down too well, as the LA expressed at the AR that they will cease, the then sent me TWO letters saying they would cease, they actually then went on to cease, and then suddenly, once I challenge it, Ooh, er we have changed our minds

Not on my watch matey! whilst there is no law stopping them from doing it, this is unreasonable beyond comprehension, especially when you've not done anything in years, but hey counsel is now going to be instructed so we shall see how this one pans out

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TOWIELA · 17/10/2013 21:02

Being the very logical person that I am, I'm trying to get my head around this... Confused Hang on...

....

....

Nope. Give up. It's totally beyond my brain to understand this. Shock

They are the bonkers one!

hoxtonbabe · 17/10/2013 21:02

LOL @ starlight...until now it would seem

I kept telling my solicitor that they hate me with a passion and you will be in for a bumpy ride as they are adamant to get me (well my son) at any cost..she actually had to agree with me today, lol

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hoxtonbabe · 17/10/2013 21:04

Towie: I know you have had some serious scrapes with your LA with some real underhand tactics, and as soon as I heard this news I instantly thought of you...I thought you would appreciate it, lol

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MariaBoredOfLurking · 17/10/2013 21:58

So, instead of 'cease' they're going to 'amend'?

And the 'amendment' is to remove the contents of parts 2 & 3, rewriting them as expanses of blank paper, with a few vague SA+ style aspirations? And base this on the AR which previously said 'cease'?

Don't Tribunal judges get annoyed when LA's take the p**s to this extent? If the authority and procedures of a normal court were being so openly manipulated and mocked, you'd surely expect threats of jail for perjury, contempt of court etc.

hoxtonbabe · 17/10/2013 22:50

Maria: I wish my SEN caseworker would get locked up. He really is a toad.

The thing is I have been waiting for this to get a bit more "juicy" and it just has. I am going to have a chilled out weekend then from monday,its all go, i've been nice until this point!

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mymatemax · 17/10/2013 23:03

this is so fucking wrong when the school/LA battle is more about proving the parent is wrong rather than providing what the child really needs.

Have they completely lost sight of the fact that there is a real person in the middle of this.

hoxtonbabe · 17/10/2013 23:37

Deadlines and everything have gone by, and suddenly..poof! 4 months later were going to change our minds from our original stance in June.

if I did something similar as a parent, I would be slaughtered but it wouldn't surprise me if I get some stupid judge that condones it...nothing with SEN and "law" surprises me these days.

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