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Interesting fact re my tribunal being dropped

8 replies

2boysnamedR · 15/01/2014 11:14

Just got a letter from sendist saying that when when my lea had to respond to my appeal, they needed to include the views if my child. The lea didn't any just re hashed the original refusal letter.

They had another week from today to get his views or they atomically loose the case.

So it seems they was purely delaying and never going to go ahead ( surely they knew this?)

Hope that helps someone

OP posts:
TOWIE2014 · 15/01/2014 11:26

I don't think it was delaying - I'd put this down to the LA's incompetence. They probably "forgot" to get DC's views.

For my Tribunal against parts 2, 3 & 4, the LA wanted my DS's views again (they already had them from the refusal to assess appeal). Because by this time my DS was an anxious wreck because of all the assessments along with the bad education he'd had, my solicitor told the LA that they could have his views but only at my DS's speed (that is, I had to "collect" his written views over a period of 3 weeks at a pace he could cope with). My solicitor told the LA that this was how it was going to have to be. However, the LA (or rather a certain lawyer) had the cheek to tell the Tribunal that I had refused permission for the LA to get his views!

AliceinWinterWonderland · 15/01/2014 13:47

I think the LAs wait it out to see if the parents are going to crumble. This was probably just an oversight on their part. A lot of parents won't push it to tribunal.

mmm1 · 15/01/2014 21:46

My lea did not get my daughters views either.They conveniently forgot !! I do believe it is partly to delay though. They gave in 6 days before my tribunal date for a non maintained special school so I think they were just hoping i would give in first. Not sure they would lose tho due to this as it would be resceduled surely.

Ineedmorepatience · 15/01/2014 22:18

Thanks 2boys anything that gives us hope is brilliant Grin

2boysnamedR · 15/01/2014 23:22

No - their deadline was the 20th dec. today they said get it done by next week or they would be barred. So either that means the tribunal would go ahead without them ( fun!) or their case would be struck out.

This is a big game isn't it? I have been told that as I have shown I will to go to tribunal it's very unlikely my son will not be issued with a statement. Hope that true! Just hope that the lea now have to start the sa ASAP!

OP posts:
sazale · 15/01/2014 23:47

Our final evidence for appeal to parts 2, 3 and 4 is on Monday. The LA have not even attempted to get our daughters views or done an EP assessment.

Do they have to get her views?

bjkmummy · 16/01/2014 08:06

Yes they do have to get views. I had no la EP assessment either and I won everything

sazale · 16/01/2014 08:45

They put in their first response that they'd been unable to get them but were hoping to once dd was back in education shortly as she had high anxiety.

They have never tried and we agreed in September at CIN meeting that EP was to come get DD's views and do some assessments. Neither happened.

I wonder if maybe the education she's been attending may have got them without our knowing? I'll check. I know what DD's views are anyway and she's verbalised them clearly to anyone who she feels will listen inc all 3 independent professionals and her NHS psychiatrist!

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