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SN children

Here are some suggested organisations that offer expert advice on special needs.

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Original poster

its bjkmummy - im back and......................................

87 replies

bjkmummy · 27/01/2015 17:46

we got the sen officer excluded from the hearing but it was a pointless exercise as the judge called us and the barrister in and made it clear that the LA would have an 'uphill struggle' to prove the case today - the judge was going on the 'Manchester' judgement which someone had posted on here and I had quoted in my case statement.

The Judge was quite clear with the barrister and then the barrister started twittering that if we applied for an EHCP our daughter would have met the criteria for that and they would issue one so after a lot of wrangling the barrister came back and the LA had conceded = we will be issued a statement within 3 weeks BUT then the LA are moving instantly to move to issue an EHCP - the judge has given us an extended time to appeal IF the LA play any further shenanigans.

the judge also made it clear that our DD was making it clear that she would struggle with a noisy secondary school and the LA would need to address that today which of course they couldn't as they only have mainstream schools available. the judge also made comment that dd wants a dyslexia school so we need to discuss that with the LA as the process for secondary placement continues. the judge also fired a warning shot that the autism had to be recognised today and was a legitimate dx and it did change everything despite the LA trying to argue it didn't

so thank you everyone - cost us a fortune in our witness costs and im sure theres another tribunal coming but that 3 -0 to us and 2 - 0 to us against this barrister - the judge and the panel member seemed lovely as well but again different to people Ive had before.

OP posts:

WintersDayTOWIE · 27/01/2015 21:05

I agree with you star - it is an absolute disgrace what goes on with our children. It makes me so angry that families have to go through all of this.

WhoKnowsWhereTheTimeGoes · 27/01/2015 21:08

I know Starlight, it makes me particularly angry that for every person that battles their way through this process to a successful outcome there will be dozens who have fallen by the wayside because of the overwhelming cost in time, money and the effect on the family.

You're right though, this does call for a celebration

AgnesDiPesto · 27/01/2015 21:10

Well done
With such a sympathetic judge maybe bung in a request for your witness costs on basis it was unreasonable for LA to have pursued it to tribunal. Worth a shot. I didn't and have always regretted it. It's ridiculous to get witnesses there and then for them to have such a weak case they concede. Barrister should have told them to concede when instructed not gone along and got paid.
Last thing you will feel like doing but record or write up what was said, you may need to quote it back at them!

StarlightMcKenzee · 27/01/2015 21:11

It's a celebration for sure that one of our flock came through it and can have an element of peace for a bit. It's a celebration that those LA personnel 'might' be put off trying it on again with the OP or another family. It's a celebration that we get to hear of a sensible Judge.

bighairyspider · 27/01/2015 21:12

You're right Star. I have just had some major issues to deal with and someone said ' it'll be nice to get it all sorted'. My response was that although that one issue might be sorted another will take it's place soon - it is never ending. It would be nice if you could just relax and say 'job done' but unfortunately that is highly unlikely for most of us here.

Icimoi · 27/01/2015 21:16

So pleased you had a sensible judge, bjk. Who was it?

Are they going to issue a written judgment? If they are signalling clearly that the LA's case was blatantly hopeless, it might be worth asking for your costs. I think you have to apply within two weeks of the decision, and include a schedule of costs and copy invoices.

StarlightMcKenzee · 27/01/2015 21:19

I'd be so tempted to add an estimate of the cost to the taxpayer and request that is repaid too, but you don't want to antagonise.

2boysnamedR · 27/01/2015 21:47

starlught no it's never over, never. On the phone to yet another senco and ds punches the toddler in the head. My perfect, nt, bright sweet little angel.

Felt like screaming "Fook!! Fook this! Fook you all and run off screaming - but then I comforted said toddler and got on with it.

If they think I'm going to drop this if I loose they are so wrong. I'm going to explode and they will be cleaning up for months. The thing is anger turns to hatred and a rather nasty tasting email has been written for senco, c governers, head of la and mp. Just waiting to send it.

Once you hit rock bottom you have nothing to loose, save my respect and they aren't having that. Or my sanity and dignity

Ineedmorepatience · 27/01/2015 22:05

So happy for you bjk!! I agree with the others who have said that it shouldnt have gone that far but still really happy that you have another one under your belt!!

Great that the judge was on the balk and could see through the nonsense!

Well done you

zen1 · 28/01/2015 00:21

Just read your update bjk - good on you; you must be utterly exhausted

sazale · 28/01/2015 07:23

I'd be interested to read the Manchester Judgement but can't seem to find it!

If you get a min Bjk would be able to post a link to it?

Thanks

streakybacon · 28/01/2015 08:23

Well done! Great result - you must be so relieved, and knackered. Hope all goes to plan from now on.

KOKOagainandagain · 28/01/2015 08:54

Bloody well done bjk (a tad early for so have a )

Having experienced the LA concede on the day of the hearing, the sense of elation is quickly followed by anger that you have been forced to spend thousands for no reason. My LA also questioned the ASD diagnosis and said that it made no difference. imo it really helps having MS as an expert witness to block that one. (She's coming to assess DS2 in March )

I also put in for costs but the LA argued that they fully intended to defend the case on the day but were blown away by the powerful argument articulated by the parents - yeah right. After all the delay with only having sight of the one paper copy of the working document on the day of the hearing, we only spoke for about half an hour and none of our witnesses or the LA witnesses gave evidence.

wasuup2014 · 28/01/2015 09:49

Yeah! I lost my appeal but very happy for you. :)

Original poster

bjkmummy · 28/01/2015 10:59

oh no wasuup - im so sorry x I had had everything crossed for you.

the bills are now coming in for yesterday - I know I could argue for the costs but don't have the energy for it - we had already set that money aside so we will quietly pay the bills and move on.

im already continuing with the mad saving regime cos we are not out of the woods yet by a long way - there is still potential 2 secondary placement battles ahead of us. I would like to think they will see sense but somehow I think not so need to be prepared for the continuing battle ahead

OP posts:

WintersDayTOWIE · 28/01/2015 11:07

oh, I'm so sorry whatsuup - that's awful

Laura0806 · 28/01/2015 11:14

well done. Takes strength to fight these things. Im just sorry that you and others have to go through it just to get your childs needs met , which in my opinion is their right!

StarlightMcKenzee · 28/01/2015 11:26

So sorry wasuup. The hardest thing about losing is that people think that the panel MUST have made the right decision, when it just doesn't work like that at all.

I hope you work out a path for your family that makes it somehow alright.

Ineedmorepatience · 28/01/2015 12:07

wasuup

ouryve · 28/01/2015 13:48

Well crap, wasuup :(

2boysnamedR · 28/01/2015 13:55

So sorry wasuup I might be joining you soon

Bjk please ask for the costs back. It's simple. Pm me if you want details. I'm asking for mine back. Worse sendist can do is say no. Plus if you win it should make your la think twice about taking you again again

2boysnamedR · 28/01/2015 13:56

From what I gather it's a simple yes or no. La will be forced to pay - it's tribunal order

senvet · 28/01/2015 14:18

bjk decision on the day - way to go!
wassup You did the right thing to try, so give yourself a big cheer for going through the whole thing for your dc.

2boys I admire your spirit. It is inspiring.

wasuup2014 · 28/01/2015 14:26

Thanks - I am appealing sods law that camhs have now sent out a report saying he wont cope in mainstream and needs to be in special....

wasuup2014 · 28/01/2015 14:30

yes it was a trial 2 person panel and was rubbish as they did not seem to understand about his anxiety re school and just took everything the head said as gospel.

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