hi ho, hi ho, its off to appeal we go...

[hoxtonbabe]

There goes my holiday money! looks like it will be more dosh getting forked out on legal fees.

Now I knew from my hearing the panel were never going to find in my favour, as they were biased to the point of helping the school (a DD claim) at the hearing and scolding me at every possible turn, however you know you have the panel from hell when they have:

1. placed more evidence on a EP that had not seen, spoken or assesed my DS over the EP that had seen, spoken and assessed my DS, nor did said EP have any kind of conversation with me on my views before she wrote her report

1. When you point out to said panel that the school have only been given (without my consent) a fraction of the paperwork to the shift EP, that is favourable to them, the panel say "this is not an issue"

1. When a panel placed more weight on EP because of her status and title (please bear in mind this is an EP that is the link EP for the school..the same school I am challenging) I am thinking "huh" what does her status and title have to do with anything...with that logic if I got an EP with a higher status but the were talking BS and stretching the truth about my DS, would you allow this simply because of their status

1. Because the SENCO said "as far as she was aware" and not fact, DS has always traveled independently and has seen him walking to the station (with classmates) in what I can only assume is in recent months, he doesn't have an issue with directions, (bearing in mind he has been going to the school for 5 years and now, took me almost 2 years to train him up and now got used to the routine) over my evidence as the parent that lives with him everyday and deals with him and his issues in an everyday real life setting

1. Said panel concluded that my DS has a lack of confidence rather than a disability...this is not written in any of his reports/assessments so I am at a loss as to how they have come to that

1. Told me they would only consider evidence pertaining to the time of the claim and 6 months before,but allowed AND CONSIDERED evidence that was dated after this from the school..

1. Refused to accept my sons DLA and go on to question the validity of his DLA in their decision (this pissed me off the most, as they are essentially implying I am defrauding the system)

The list of madness goes on, but I needed to vent. Ive not even got the issue of the panel essentially allowing the school to get away with forcing children with SEN/disabilites to stay everyday after school if they cant understand the work.

Oh gee!!

Good luck hoxton

Ineed: I need to change my nickname to yours, as I really do need more patience.

Oh, bloody hell, Hoxton :(

Ive got so used to all the madness of panels now its not surprising...the problem (in my case) I had one judge looking at the papers from day one,but the judge/panel on the day were different which is normal, but they seemed to have little regard to what was previously said in the directions

Judge looking at the papers had a good handle on it,and was fair, part of the problem is also that the school tried to get my case struck out on certain points, judge said he would allow, and all was going ok, and expectation was to go in for a normal day or 2 hearing, until the morning of the hearing where the panel decided to go back (under the request of the school rep to consider the points they raised initially some 4 moths prior to strike out the claim that was allowed) and address it first before hearing anything else, as once they could get certain parts struck out then the rest would naturally be dismissed, very clever/crafty of school barrister, but essentially the case was only partially heard and a decision was based on the partial hearing

That sounds quite mad. I've never heard of a panel refusing to admit evidence postdating the date of the appeal. Who were these idiots?

I had similar problems e.g the use of a certain strategy/tool had never been implemented - I know that for a fact. The Senco however said that she had seen 1 or 2 staff use it so was believed.

The school also apparently acted with goodwill at all times yet were found to have committed multiple acts of discrimination - bit of a contradiction there . A member of staff who was heavily criticised by the panel on the day for provocation resulting in distress to the child was, in the judgement, found to have 'not meant' to have discriminated - so that's o.k then

Nenny, with disability claims you have a certain"window" I have no issue with the panel saying they will only allow/look at evidence from xxx date and 6 months after (sorry not prior) , but the evidence that they heavily relied on was after this deadline they asaid they were only prepared to look at, I am more shocked that the school carries more weight than a parent with regards as to how my DS functions, yet at the same time didn't ask the school why if DS is fine he is in a class of 8,5 of whom have statements when the usual class size is 25 or why they refused him to sit his GCSE because of his needs, if indeed it wasn't an issue and as the judge put it " a confidence issue"

Always: whilst it may be that the staff did not mean to discriminate, but surely the fact of the matter is the person did,did that not count for anything? Atleast your lot actually appeared to have asked probing questions, my lot were saying they had "sympathy" for the schools barrister and the school if we were to hear the entire claim and at the end of it they find my son to not be disabled?!?! No sympathy for me and all the money and time I had wasted and waited to have my ENTIRE case heard, only to get there and the panel and school decided, you know what we will only deal with a portion of your claim?!?!

Oh yes, there was sympathy for the school and all their difficulties but nothing about the threats made to us when we complained or their poor attempts to discredit us to the court.

In any case, despite being ordered to apologise to a disabled child for the distress they caused they have failed to do this, showing a complete contempt for the law. It's shameful how some school's that consider themselves to be 'outstanding' can treat disabled children in such a manner.

Sorry to hear this Hoxton

I am still staggered about the school being allowed to force students with SEN to stay after school everyday if they don't understand the work.

I was looking at the Equality Act 2010 Technical Guidance for Schools (For an essay, nothing to do with the YD) and found this. Not quite the same, but maybe close enough?

An example of unlawful discrimination:
A school has a policy that if a pupil breaks the school rules on
three occasions, he or she will automatically be given a detention. Some disabled pupils, such as those with attention deficit hyperactivity
disorder (ADHD), autistic spectrum disorders or learning difficulties, are
much more likely to break the school rules than other pupils. Rigid
application of this policy is likely to amount to indirect disability
discrimination because, where a reasonable adjustment has not been
made, a school will find it very difficult to justify the treatment as a
proportionate means of achieving a legitimate aim.

Always: Surely if they are directed to apologize they have to do it, what is the remedy if they dont? is there a remedy if they don't?? but it just brings me back round to what I have been saying, why have these systems if LA and schools can say "pah were not going to do it, even though we have been ordered to do so!?!

Donki: There is a difference between SEN and having a disability, the panel accepted DS has a impairment but it wasn't enough of an impairment because he can read well, has volunteered at school to empty the recycle bin and help clear plates at dinner time, can use a walkie talkie which according to one panel member was "sophisticated" Even my DS said but a 5 year old could do that (DS is 16 in a few weeks, all this kicked off when he was going on 15 and I would be really worried if he didn't know how to use a walkie talkie given his diffficulties) ,its only holding a button and speaking, plus he is obsessed with the Army/police and this is standard issue in that field, so I would be surprised if he didn't know how to drive a tank...FFS, nice to see that the panels expectations of my DS is so high (not) you know being a rubbish collector and plate cleaner! No interest in what I was saying about him not being able to think out of the box or how he gets lost easily if his route home is disrupted and I will have to collect him or give him very specific step by step guides, which took me ages to get him to where he is now...oh no, the school know more about my DS than I do even out of the school setting, so there you go

What you quoting is exactly the point im trying to make, not just for my DS but for other pupils with SEN and disabilities but sadly people are not interested in the bigger picture of all these kids (long after my son has gone which is soon ) being forced under the schools disciplinary policy to stay an hour mon-thurs after school because they cant conform regardless of the reason as the school put it. Its a horrible thing for any school to openly put in their policy, the unlawful part in all this is that the child is not breaking any rules if they cant understand the work therefore can not be forcibly be kept after school, but the school have blocked him from leaving the school etc in the past, even thought he has not broken the rules!

You would have thought that they would have the decency to do what was ordered but perhaps they think they are above the law! Perhaps their failure to comply is simply an'error' - they made a lot of those .

The only remedy is to now escalate the matter to the Secretary of State for Education to see what he can do. The point is that whatever the tribunal orders the school to do, be it to apologise,implement training or whatever, they don't follow up to see if the school ever complied.

Most schools would comply and learn from the experience but schools that are adamant they have done no wrong probably still feel that way even if found guilty. They have the opportunity to appeal if they disagree with the tribunal but this didn't happen in our case, probably as the evidence against them was pretty conclusive.

Hoxton, I am so sorry that you're going through this. Whilst this might also enrage you more I think it might be helpful for you ti be reminded that this kind of thing is not personal to you or your ds, but has happened to a number of us.

It's a corrupt system, but given it is the only one we have I applaud you for taking a stance. How you progress now has to be in the best interest of your family and sanity, but though they may have appeared to have got away with it, someone somewhere will improve their behaviour even if not made known to you.

Star: yes I know something similar has happened to our DCs thats why we all flock to here and find comfort in each other :-)

However, this for me really has gone beyond my son only, it's one thing to hear rumours of a school being bad and another for them to have it in writing, that's not something I can easily say well my son has gone, let another child and parent go through the same knowing what I know and what I've experienced.

parents of the pupils of sen at the school are aware of the shenanigans try to complain but the governors tell them to shove off. a parent I know tried to get her son in and the headmaster said, we don't know why you are applying and all this ( the appeal) is simply a paper excersize) he said this infront of the panel and they said fine? A governor (at another admissions appeal) told a parent to shut up and she was a stupid woman and this was only about 3 years ago and low and behold the children of these parents had some sort of additional need..why they wanted to send the DS there is beyond me as I told them for pupils with sen, you are done for. I didn't know when I picked the school but now you do, but I suppose some people just have to see and feel for themselves.

Blimey, I hope it is the school I have experience of otherwise the problem is rife and being allowed to be so.

One good thing in all this is I've got used to it, yes I get annoyed, angry and frustrated, but the days of depression, constant crying and thinking its only me ( Well regarding the school that is certainly a personal thing, as I'm still at a loss as to why even when the LA have provided the provision the SENCO still refuses to give it to my son, unless one simply has a personal vendetta)

Because I have become used it all this, it means I will keep on. Between what I read on here and my own experience, I've seen it all now, lol.

Yes, keep going Hoxton. It's the tenacious parents (often considered a pita by some schools) that can make a difference for their child and maybe others following behind them.
I have just had to laugh when I realised that the school which discriminated against my child have on their website ' we comply with the Equality Act 2010'. Hilarious!

Sorry this has happened Hoxton. So did they refuse to accept he had a disability under the Equality Act?