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SN children

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Original poster

Two weeks to tribunal and no evidence still from lea

31 replies

2boysnamedR · 08/10/2014 08:45

I got a email the week before last saying the lea bod had been off sick and he was doing it that day but still nothing! How can they get away with this? If they provide it on the day can I object?

OP posts:

bjkmummy · 08/10/2014 08:55

it must now also be close to the tribunal getting the final bundle ready to send to you along with the place where the hearing etc would be as that tends to come 2 weeks before the hearing date - I don't see how the LA are going to argue this one if they have anything else to send to now try and lodge it.

I know I have probably asked you before but who are the LA sending to the hearing? I think you should absolutely object to any late evidence at this stage as their officer being ill is of no concern of yours or your child. I would also think that the tribunal peeps would be handing the file over to a judge to look at given that there is no evidence from the LA - it may well be that the LA have more evidence to submit - do you have any reason to suspect there could be anything else? im sure for my refusal to assess the LA sent nothing more and just argued that her needs did not qualify her for a statement - it may well be that they intend to just say for you that all needs can be met at school action plus

Original poster

2boysnamedR · 08/10/2014 09:24

They have only said school -tbc, therapist - tbc and ed psych so I don't know who they are calling in yet either! I am getting a slt report for the day. He can't have any evidence unless ds was assessed without my consent. I have told school to allow no further assessments and they assure me none are planned. Senco said he was rude and she won't be going. She doesn't know who from the school will go as no one has been asked yet

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bjkmummy · 08/10/2014 09:43

sounds like an absolute farce and they have just completely overlooked this - if I was them I would just concede as no way would I want to take a case so poorly prepared to a tribunal - but we all know on here that LA don't tend to be sensible so they could continue - I would keep my guard up just in case they do try to do something last minute but in all honesty they just need to concede and issue the statement.

Original poster

2boysnamedR · 08/10/2014 13:43

Sendist pack has turned up in the post. I'm wondering if the lea will just concede - when can they pull out? Up to the day?

OP posts:

bjkmummy · 08/10/2014 13:54

Go through the bundle carefully. In it should be all the emails between LA and sendist (if there are any!) check if the LA have sneaked anything in you haven't seen before - is there anything in there from the La at all? Hopefully the bundle will now land in the LA desk so should focus their minds, I honestly don't see how that are going to continue this with you.

Original poster

2boysnamedR · 08/10/2014 14:52

God I pray they concede. It's been years of hell

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billiejeanbob · 08/10/2014 14:55

iirc they can only pull out up to 5 days before the date of hearing. if they dont pull out then they could either turn up at the hearing with evidence or ask for an adjournment - you need to have your
reasons ready to oppose both just in case. good luck!

Original poster

2boysnamedR · 08/10/2014 15:35

I won't adjourn. I already asked for extra time as I had a baby. I have the email saying he was off sick. I don't see how they can then ask for more time. There is no stone left unturned except a asd test which won't get done. All tests left to do are ones that can only go in my favour

OP posts:

Original poster

2boysnamedR · 08/10/2014 15:39

If they wont the asd test ( which they won't) I have a letter from his pead saying a dx will make no difference to his appeal.

OP posts:

TotheBarricades · 08/10/2014 18:26

Got all the way down the line, twice now - LA conceded Monday as due in the following Monday (so seven days before) and Thursday as due to Tribunal on the Tuesday (so two). They can and do concede on the day, too, apparently. It appears the only people sticking to the rules are the panel and us - this face should look cynical!

Ineedmorepatience · 08/10/2014 18:36

Gee Tothe!!! Why is it we stick to the rules and yet LA's think they are above it all and just disregard them completely!!

OP at our refusal to assess tribunal the LA turned up with late evidence but I had guessed that they would and had prepared some parental views regarding this particular report!

They are an utter nightmare

TotheBarricades · 08/10/2014 21:35

Ineed - it just makes you sooooo cynical. I am on Tribunal number four at the mo' and have realised I may well have to do this fight again in the future.

No evidence, late evidence, asking for time to prepare evidence, going into extra time, lying - you got it right: 'they' are a nightmare. Reasonable, they are not! Me, on the other hand, I am becoming a battle axe and determined to have someone's head or ego on this particular round.

2boys - how are you doing? I was beyond stressed at this point, both times. I think half of it is you behave reasonably and dealing with people who aren't is such hard work.

Ineedmorepatience · 08/10/2014 21:59

tothe I was almost at the point of pulling out of our next tribunal as I am struggling to get evidence for it but then I realised that the evidence is that she needs allmof the 20 provisions that are printed on the NIL and that the LA have admitted she has SEN in the first sentence of said document so why not go and attempt at least to get it made into a statement !!

Sorry for the hijack 2boys !

TotheBarricades · 08/10/2014 23:02

Ineed - go for it. A statement should get her some of that provision.

2boys - will have my fingers crossed you LA finally get round to looking at the paperwork and realise they have lost, so give it up now.

bjkmummy · 08/10/2014 23:28

ineed - are any of the provisions on your NIL specified or quantified at all? part of my argument is how do the LA know what the child needs when the NIL is so unquantified.

Original poster

2boysnamedR · 09/10/2014 04:21

No I'm not stressed. That's been and gone. I just want it over with. I feel very strongly now that the lea don't know my son. They haven't taken time to get a case against me. They are sloppy idiots. I will have last minute evidence on the day. I will make them look stupid if that's all I acevieve then so be it. Some one is going to have a bad day and feel like a right Pratt - and it's not going to be me. If I don't get my statement I will get my pound of flesh. They have shaken this wasp nest and now I'm going to sting

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Original poster

2boysnamedR · 09/10/2014 04:33

When I started this journey I felt like I was being chased to the edge of a cliff by a pack of wolves and I had three choses 1- get torn to shreds 2- two - jump to my death 3- try to carefully navigate the cliff face and climb down to safety.

I now see a fourth choice. Stand and defend my last inch by kicking these wolves in the teeth. I have sized them up and they don't scare me now when we've finally come eye to eye

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TotheBarricades · 09/10/2014 06:42

I very much doubt your son's interests are even on the table. It is disgraceful. The whole system is downright wrong.

You go kick some wolves' teeth in - now that image made me smile.

Ineedmorepatience · 09/10/2014 08:06

I like your 4th choice 2boys go get em!!

bjk no nothing specified or quantified!

bjkmummy · 09/10/2014 08:34

yes I like the wolves teeth anology as well - I need to serve DK report today so will think of that when I do it! how can they say their needs can be met if nothing is specified and quanitifed? I did ask them to do it and they refuse as it was a NIL!!! and they happily put it in writing as well.

2boys -this must be so blooming stressful - its bad enough when you know what you are dealing with but this is all over the place - have they even yet confirmed who is attending?

KOKOagainandagain · 09/10/2014 08:57

My LA conceded on the day, at lunchtime - before any of my experts witnesses had spoken. Together with legal rep, that hour actually in court (we couldn't start immediately because the LA also didn't provide the WD until the day - one paper copy) cost £5k.

Suppress the urge to rip off heads and shit down necks - play the game to the end - remember the Rule of the Ps 'Panels Prefer Passive Parents'. Easier to do if you have a 'fist in a velvet glove' legal rep.

KOKOagainandagain · 09/10/2014 08:59

tothe - I bet that image did not make you smile

Original poster

2boysnamedR · 09/10/2014 09:31

No still no confirmation of who's attending. I'm going to try to stay calm on the day but will be lucky if I can suppress my anger. I'm not going to be intimidated. I don't belive for one second this jumped up civil servant is smarter than me. I work in the corporate world so I have seen a fair few ball busters and worked with them. Let's hope he thinks i am air head who is upset that poor ds isn't Eton material - as it will take him by surprise that actually my ds is being sold short by this penny pinching bunch of target driven arseholes who only see my son as a drain on their budget.

I am still mad. So, so mad. It's been my fuel to fight. I want to see this guy. Look him in the eye and see him squirm. Let him tell me how it's fine that ds has lanugauge down at 1% get no qualified ongoing help that I don't pay for and how it's ok that he is getting worse year on year. All while I give him the "death state" let him tell me how it's ok he can't have his physical needs met at school as the lea say they can only meet one need at time yet he gets mobility and care dla.

OP posts:

bjkmummy · 09/10/2014 09:43

my letter yesterday from Edward Timpson clearly states that no parent should be paying for help their child needs in school! lets hope he tells the school that!

2boys - are you taking anyone with you?

KOKOagainandagain · 09/10/2014 11:04

Remember that only the outcome for DS is 'real'. Focus on the outcome that you want and play whatever part will increase the likelihood of success. FS advised that I dress 'Mumsy' and play to stereotypes the panel hold.

I still personally hate the trainee LA EP I last met at DS1's hearing. My son had been out of school for two terms by the time we went to tribunal and had slept downstairs with DH for 6 months because he was too afraid to go upstairs. Yes, the EP was a jumped up twat but more than that, he hurt my boy and I wanted to hurt him back! Showing that anger at tribunal would likely have been counter-productive and even though I was uber-reasonable and even smiled, FS was quick to shut me up when my mask began to slip.

that you have to go through this crap to appeal a NIL and even when a statement is ordered, end up with a non specified and quantified statement, or missing SALT/OT or refusing parental preference so that you have to appeal again

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