LA haven't responsed to tribunal deadline

[gospaniel]

Hi I applied to Sendist under refusal to amend statement following a review and school named in part four. (This is for secondary school though). Anyway they had until 5pm to respond but they didn't.

I rang the tribunal service at lunchtime and they didn't have anything but the man said it wasn't late until 5pm so obviously I can't check until Monday. I asked what happens if they respond late, he said they write and remind them and give them another week. He also said I could complain and ask they be barred from the hearing.

I plan to write to the LA over the weekend and copy in sendist but is it in my interests to ask for them to be barred. Should I read anything into them not responding? Why would they not respond? Does my deadline get extended by a week too.

I am hoping I can resolve the secondary school issue before appeal date, its ooc but going to ooc panel but don't know when (have asked).

Thanks.

Our LA did the bare minimum: missed deadlines galore and that was with a solicitor breathing down their backs. So, I would say this is power for the cause. No read nothing into it.

I can't see how the hearing could actually take place without them if I am truly honest but would love it to happen. Imo, the LAs get away with murder. However, you need someone with more experience of these things to give you advice.

Thanks schools. There I was in my little bubble again thinking the LA might respond on time! And was surprised the tribunal service don't have greater sanctions. Give them another week. Seems a bit strange, why not say deadline is next friday to start with. Hope your appeal went your way though schools.

you can apply to sendist to strike out the LA for not complying with sendists rules. although in reality im not sure how this works and how likely it would be that sendist would agree to strike them out.
I think you should speak to ipsea about this as they can advise you.

Thanks billie, will try Ipsea. Not sure I can work out how it is beneficial not to have them at the hearing.

If LA have nothing useful to contribute and you have a pile of actual, real, useful, factual evidence, then no harm would come to your case by the LA not being there.

Thanks ouryve. I haven't been to tribunal before, and I've read many threads on here where posters talk about going to appeal and the LA tie themselves in knots and look a bit (ahem) silly which can go in your favour.

LA settled a week before one case and two days before the other. I celebrated . Hope you get what you need. It is very stressful and there is no way it is a fair system .

Hi gospaniel

I'm in a not dissimilar position and have been advised by a barrister that generally it's better if SENDIST makes the decision to bar the other party. If you request it, the LA may appeal against a subsequent judgment and say they haven't been given a fair chance to present their case.

Good luck

Good to hear it went your way schools I did notice on my paperwork you have to give 10 days notice to withdraw now which I think has changed, know parents who've had their LA concede the day before. And you're right, the system does feel unfair. Thanks, norunaround that's interesting. Will bear that in mind. Nothing in post this morning either, so obviously not on its way. thanks all for replying.

NoRun, I don't understand the logic of that. Surely it's SENDIST who make the decision to bar either way? And surely the LA can say they've been deprived of the chance to present their case either way?

The point that was made to me is it's much better coming from the judge than a parent requesting it, as there's less potential for appeal at a later date.

But it's still going to be a judge who makes the decision. And every appeal is against a judge's decision, if you think about it, so there's no protective magic about it.

You're right. I'm just repeating what I was advised. Personally I would've liked to get my LA barred

My LEA didn't get my sons point of view for SA appeal. The LA conceded in the end - but four days later Sendist wrote to me and the LEA saying the LEA appeal had been thrown out as they didn't get ds point of view in time - i.e they had automatically lost the appeal anyway. It all goes in your favour in the end. Makes them look stupid IMO

Ah interesting 2boys, sure that made the victory even sweeter. Good for you. Will update when I have some news.