Sendist - LA's response - mother is a trouble-maker

[tryingtokeepintune]

So, the deadline for their response passed and after a week, I wrote to them and queried the omission.

Reply - oops sorry, we wrote to Sendist but forgot you but here it is. (Sendist said they received nothing too.)

Saw their reply which basically said this is the third appeal and there was also a complaint to the LGO. The LA is spending an disproportionate amount of time dealing with this woman etc.

But all I wanted was Parts 2 and 3 quantified and specified. Not a line that says 'Ds to get maximum of 30 minutes social communication classes per week.'

I only wanted what they took away without good reason, other than that their SALT did not recommend it (her recommendations were not quantified except for x hours annually for reports, resources etc).

So, please can anyone tell me if Sendist will dismiss my appeal?

How annoying? What a load of nonsense. They should be addressing the substance of your appeal not moaning about you personally. What on earth has the number of previous appeals and an LGO complaint got to do with your appeal?

It is simply a holding response by the sound of it and you have every right to ask Tribunal to preclude the LA from adducing evidence if it can't be bothered to respond to your appeal properly as is required to by the Tribunal directions.

You could also tell them you will ask for costs against them for dragging this out.

Did you set out your appeal out clearly asking for specification of the statement? Summary of relevant case law is here

If it is any comfort, the only 'defence' our LA ever put together was 'parents won't let us assess child so we can't make our mind up'. Fact is that we never refused, we simply said you are deliberately wasting time, tell us why you want these assessments and they couldn't

They even used this again on the date of filing final evidence - in place of evidence!

My LA waited until the deadline to respond that an attachment was missing so they couldn't "respond". Of course, they couldn't have requested it between the time the appeal was submitted and the deadline for their response . If it was indeed missing in the first place, of course

I would suggest the following.

1. The reason why the parent has submitted 3 appeals is that the LA have refused to comply with law. In the absence of such conformity what more should a parent do? Go away? How does that help the child?
2. Each appeal was registered by SEND and was considered by them, an independent body, to have merits. As far as you are concerned that confirms your view that it was reasonable to appeal. The outcome is a separate issue.
3. The reason why it has been necessary to appeal to the LGO is the continued failure over time of the LA to conform to statute. That is what the process is for. It is the correct process designated by Parliament. Clearly the LA does not like being held to account.

The key issue here is that the LA is not conforming to law and is being held accountable to that law and not to the local policies.

Hope this is of some help.

Thanks for the very, very helpful replies.

I was even beginning to think perhaps I was a little excessive in my actions but no, all of you have helped me see that it is THEM who are not not adhering to the law.

And I am remembering that when I withdrew the second appeal, it was on the understanding having agreed to Part 4, we could negotiate Parts 2 and 3 properly - and they agreed.

Thank you for helping me believe in my actions.

The number of appeals you have filed is irrelevant to the merits of your current appeal - don't be drawn in to this or you are playing the LA's game.

The LGO action is certainly irrelevant to the Tribunal's mandate. Ignore.

Concentrate on the law and what the LA has to do and that is comply with the automatic directions from the Tribunal. So, where is their evidence or argument against the substance of your appeal?

So what if a you WERE a trouble maker? That doesn't give anyone the legal right to refuse your child his legal entitlement.

this is probably exactly what my LA think about me although with me its all about 3 separate children - now have to fight for child number 3 so can guess what the LA are saying about me. at my appeal, 1st deadline they were thinking about it, last deadline they were still thinking about it!

I think you have been given some very good advice and I completely agree with stars last comment - if that's all they have to throw at you shows that they know they are being idiots

Ok so you'r a Pain In the Arse Parent -PIAP. Its a badge. Wear it with pride.

Boo hoo - poor little LA! You're being so nasty to them making all those appeals and complaints.

My LA told the LGO that I was 'pursuing the school' with a discrimination claim but that the LA was not involved with this at all. Why even mention it then?

They've gone rather quiet since the school were found to have committed multiple acts of discrimination!

I'd be seeking out my Local Councillor and making him/her aware of this. I've usually found they are quite adept at wielding sticks.

Nigel, where do you get those badges from I need a number!

Maybe each LA should have their own supply and send them out with the vexatious labelling they seem to like.

Good luck trying, hope it works out! I would ignore the nonsense as others have suggested.

Somewhere in the Tribunal rules there is something requiring the LA to file a response that tells you why they are opposing the appeal. When faced with an appeal about the contents of parts 2 and 3, saying that the LA thinks you're a nuisance doesn't constitute a reason for opposing - they should gave filed something that actually addresses what is in your appeal grounds. You are entitled to know what case you have to meet.

So, if there really is nothing in there that explains this,, it might be worth putting in an application that the LA be ordered to put in a proper response or be debarred. However, check carefully - the tribunal will accept something that says not much more than "we think we got it right, we rely on our reports/the annual review/whatever, however we will liaise with op about possible amendments if it keeps her happy".

Thanks all of you.

Yes, the merit of the appeal is and my son's legal entitlement to an adequate education is what I need to concentrate on.

nennypops, will check their response carefully. strange but they did not even fill in who they intend to call as witnesses.

Wet, good idea about councillor - I did not even think about it. Although that will only confirm their view that I am a PIAP. Where do I get the badge Nigel?

Sometimes (many times) I really need all of you to help stiffen my backbone (and cheer me up.)

Re councillor - that's fine but you have to make sure that you hold him by the hand to explain the story otherwise the response you get back will be very confusing from the CEO.

RE Badge. I will get some made.

imho the more solid your legal case is then the more likely the public sector is likely to resort to personal character assassination. It's daft really as the law doesn't say we'll pretend to educate this child only if his Mummy is a fluffy bunny wummy who kisses our ass at every available opportunity and doesn't mind if the outcome for her child is appalling.

The law says a child is entitled to access the national curriculum, and should be given support for any disabilities for that to happen. The law also says that education is the responsibility of the parent, so GOOD parents who do their damnedest to fulfil this responsibility get targeted by SOB's who are paid double figures for wrecking kids lives and then have the gall to complain when they are caught breaking the law.

I'll never understand why this industry is full of people who seem to think they have the god given right NOT to do their tax payer funded jobs. In so many other industries you are simply sacked for incompetence, and definately for blatently breaking the law. Many arrogant high ups in the SN especially i think would not be considered employable anywhere else. The public funds they waste with their shenanigans never ceases to annoy me.

If they did their jobs you could concentrate on parenting, not filing 3 appeals etc. Your time is just as valuable as theirs so why should you have so much of it wasted.