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do i get an award for the biggest NIL tribunal bundle???

52 replies

bjkmummy · 12/01/2015 12:30

just spoken to the tribunal service and the bundle on its way back and should be with me tomorrow - the bundle is 754 pages long!!!!!!!

of this about 50 pages are the LA evidence (well there is no evidence just her IEPs and that's about it really!)

the appeal for the first time for me will be in afternoon which could be an added stress as I now have to arrange childcare for all 3 ASD children so know during the hearing I am going to be worrying about that as well!! plus worrying all morning about it as well. ah well, not long left now to stress about it all

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Ineedmorepatience · 13/01/2015 17:54

FGS!! And I bet they still wont concede it bjk Confused

Ineedmorepatience · 13/01/2015 17:54

Its like they do it for fun!!

bjkmummy · 13/01/2015 18:02

nope we know they wont don't we - the bundle came with a letter saying that LA need to confirm witnesses as put number 3 as TBC - so wonder if they will now push them to come out and name the EP cos as it stands he isn't coming - I have a gut feeling that he believes she should be statemented and we wont see him for dust because of that.......

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uggerthebugger · 13/01/2015 18:32

TBC gets a hell of a lot of invites to appear as an LA tribunal witness. Who is this TBC? Clearly a very popular professional...

StarlightMcKenzee · 13/01/2015 18:54

You can nearly always guess the TBC. It is usually the person that is close to the family or sees them regularly that they don't want to warn the family of lest they start to limit access.

It won't come as a surprise.

bjkmummy · 13/01/2015 19:06

the only person I can think would be the LA EP. however if they are going to call them they will have to do it quickly. we have no one else involved with us

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Ineedmorepatience · 13/01/2015 19:14

My LA dont seem to know TBC their dirty tricks speciality is late evidence on the day!!

Why do SENDIST let them get away with it?

Surely they should be applying the rules Confused

Ineedmorepatience · 13/01/2015 19:15

Oh and conceding 2 days before!

2boysnamedR · 13/01/2015 19:57

Sendist don't like it but will not stop it as they want to appear fair. I heard lots of "you wouldnt like it if it was you" re the witnesses not being available to the la. We have to be fair. Then make me wait two months for the verdict. Now that's fair.

The la retracted a witness when she didn't tow their party line. She was key to both sides but I got pissed they had six people for the la. Simple case? Walk all over me? Yet bring in everyone to fight me.

Urgh. It's just urgh. No logic involved in any of this process. No compassion. No professionalism and above all no regard for the child in the eye of the storm..

wasuup2014 · 13/01/2015 19:59

Serial tribunlar lol!

wasuup2014 · 13/01/2015 20:07

So in 3 years my ds has not made any progress on current provision and 2 notes in lieus and the HT sits there and swears she can meet all his needs and there is no provision she cannot provide from the schools devolved budget.
So bjk - you might get a different Judge but the focus seems to be can the school provide xyz or not within the devolved budget, regardless of no progress over 3 years and more of the same suggested by the LA. Also you will be asked there and then if you want a EHCP or a statement if the appeal is successful.

bjkmummy · 13/01/2015 20:32

well the head of the school already admitted they can do no more and the NIL doesn't reflect all of her needs as she has a dx of asd plus others now as well...... I have no idea about the EHCP/statement - my EHCP for elder son is dire and I will be at tribunal again for placement so think I would rather go for the statement cos then I can fight what I know.

guess danger for me is that LA calling a senco from a secondary academy who will say they can meet the NIL which is fab as its totally unspecified and unquantified so of course they could but my dd not going to the school of that senco so she can only speak for her school. no way a school can provide SALT OT 25 hours 1:1 and specialist teaching less than 6k.......

hard when you get a head teacher who will sit there and promise the world isn't it........

what did you decide re statement or ehcp?

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wasuup2014 · 13/01/2015 20:41

Just decided to not complicate things and said I didn't mind - Our schools devolved budget is 10 grand - but the HT couldn't say what full time 1-1 level 3 trained TA, all the provision, planning time and programmes would cost. The LA did offer that a level one TA would cost £6.50 and hours - so I said Ok that takes it to £7,500 and the HT is saying she can deliver a hugely differentiated curriculam, a full time level 3 trained TA and Programmes in the report for under 10,000?

Ineedmorepatience · 13/01/2015 20:45

No way wasuup!! I was a level 2 TA 12 yrs ago and was on pretty much that full time!

wasuup2014 · 13/01/2015 20:53

So a level 3 trained TA full time would be on a fair bit more?

bjkmummy · 13/01/2015 20:54

did you have witnesses with you today wasuup?

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wasuup2014 · 13/01/2015 20:58

No Just me and DH. I can't stretch to affording experts at all, am stuck at home , home educating my youngest who is too anxious even to attend school. I can't work atm or anything.

Ineedmorepatience · 13/01/2015 21:14

Yes almost certainly wasuup! Not sure how much though.

When we went to the last tribunal we told them how much provision was in place for Dd3 but it wasnt working, the HT was our witness and he gushed about how much the school had done. But Dd3 was still school refusing and vomitting due to anxiety!

We won that one! That was the refusal to assess! Despite our original EP misdiagnosing Dd3 with dyslexia which didnt really help our cause!

It is easier to prove that they dont know enough about your child for refusal to assess though isnt it!

Our NIL tribunal was definitely harder and its not over yet Sad

Have everything crossed for you wasuup and hope for a quick decision! Flowers

Have everything crossed for you bjk that you get through it in one day and come out on top [again] Flowers

uggerthebugger · 13/01/2015 21:25

Depends where you are in the country wasuup, but most L3 TAs these days are earning in the high teens. The L3 TA that supported my DS2 in an inner London school 2 years ago was on 25K. And worth every penny.

Our schools devolved budget is 10 grand - but the HT couldn't say what full time 1-1 level 3 trained TA, all the provision, planning time and programmes would cost.

Seriously - how is it that a switched-on panel doesn't take a claim like this to pieces? Even the spam e-mails I get every day from lost West African royalty contain more credible financial testimony than this.

An HT who showed this level of competence in front of a decent school governing body would be taken to the cleaners. And that's a body mostly made up of unpaid, well-meaning amateurs.

It's the overriding assumption that witnesses attending hearings are spotless, disinterested, utterly honest professionals that boils my piss. Look at their interests, follow the money, and test their fucking evidence on its merits.

As you were.

senvet · 13/01/2015 22:29

you are on fire tonight ugger

wasuup2014 · 13/01/2015 22:45

You both are on Fire...Bed for me I think now..

Nigel1 · 14/01/2015 13:49

No where near. 1200 pages RtA v a welsh LA. When you went through the bundle the same thick policies were included 3/4 times. The Chair was unimpressed.

2boysnamedR · 14/01/2015 14:14

My LA wanted to resubmit what I had submitted. Just goes to prove they never read the bundle

senvet · 14/01/2015 21:41

TBC - To Be Coached?

They MUST tell you who TBC is - how can you prepare questions to help the Tribunal process smoothly?

They should tell you the expertise plenty earlier so that you can consider finding a witness of your own.

Request an Order as soon as poss folks.

Icimoi · 15/01/2015 16:02

The tribunal has said that they aren't too bothered about people naming their witnesses in the early stages, but they want to know numbers as it obviously affects room bookings, and they want at least to know what their status is, e.g. teacher, headteacher, EP, SALT etc.

bjk I'm guessing that the hearing is early February? I would think you are probably entitled to expect them to be able to name their third witness by now.