Who has gone for costs of tribunal recovery?

[2boysnamedR]

I am going for it. Not mega sums but costs of ep and providing provision privatly.

Thoughts? Anyone won?

Heard of one win. It was where the LA behaved really badly and failed to comply with a Tribunal order and it was clear the LA had caused unnecessary cost

If the LA has behaved badly it is more likely to win than if they haven't.

There is a bit in the regs which you would need to check

Are you Statement or EHCP?

Statement was ordered.

I went for costs (FS put in the claim) but lost. The LA conceded within an hour or so and before any of my experts had a chance to give evidence - indi SALT, indi EP. There was no tribunal ruling. LA simply argued that they came to court intending to defend the case and quoted loads of irrelevant case law and I lost. FS did say we would likely lose but that it was worth putting in the claim anyway.

im thinking about putting in a claim as my LA conceded on the day and the judge indicated they had an uphill struggle - none of my witnesses left the meeting room and just sat there for 2 hours costing me £1500 for the privilege. I don't think ive got a chance of getting the money back but like you say worth a punt if for nothing else to make the LA realise parents could put in a costs claim

Parents do put claims in so it is done ( so i hear). La didnt inform the school until two days before first hearing which was adjourned at their request because school could mot attend. If anything i hope i get those costs back

That sounds like it is worth a try.

Make sure the evidence of the date when they could have told the school is as clear as the date that they actually told the school,
When did they ask for the adjournment?
And whatever you have to show your costs were definitely caused by their failure

you are looking for conduct that is 'wholly unreasonable'
www.legislation.gov.uk/uksi/2001/600/regulation/40/made

Good Luck

I think you have to get your claim in within two weeks of the decision, including copy invoices etc. The tribunal tends to be reluctant to ordercosts, but it doesn't hurt to try.

I have a email from the senco saying she was only informed two days before. The same day the la asked to adjourn which had to be done in the day

ive got until Monday as my order was issued on 2/2 so I need to do it asap - think I will send a copy to the LA by post so they get it a couple of days later (LA due to issue statement on tuesdsay!)

but will email it to the tribunal tomorrow so I meet the deadline

just got to decide who in the LA im going to send it to - im assuming the head of service

I was going to send it to my lovely rep - via dh as I don't want to talk to that vile worm again

My LA agreed to assess and conceded before tribunal so I can't give any advice on costs recovery. However, we did get the amount you are claiming for via compensation after an official complaint about the council. So if recovering costs is refused then this could be an alternative route?

that's a good point jjxm - im intending to go to the LGO at the end of this as well. just sat on my hands now waiting - dd statement has to be issued by Tuesday as per the tribunal order but got an awful sinking feeling it wont be coming

I would send the LA the request by email too. You don't want them to have grounds to defend it.

But send it to legal bods, not SEN statementing. Don't confuse them ;)

Actually I didn't have to go through the LGO - the process is that you have to complain to the council first and go through all the stages of complaints - mine got to the third stage and reached chief exec who contacted me personally within 48 hours with an unconditional apology and an offer of compensation. They admitted there was no defence for their handling of DS's case.

As far as "hard cash" goes, the LGO is appalling and you will not get much (if any) money back from them. It will be a token amount (I have heard £250 is often the case).

I received nothing from the LGO upholding my complaint. But, like many, my complaint wasn't about the money, it was about bringing a rogue LA to book.

It is interesting that JJXM says about getting compensation from the council before going to the LGO. It sort of confirms my believe that LAs absolutely hate LGO decisions against them and would do anything to stop it going to the LGO if they think the LGO will uphold it. Not because the LGO has anything powerful with its sanctions, but it affects the LAs "good name" and ratings and top bods get a telling off.

My LA are totally and utterly toeing the line since the LGO upheld my complaint. They didn't care about going to dragging me to Tribunals (a day out for them) and the waste of endless tax payers money fighting something they were never going to win. But they do care about LGO complaint being upheld.

Although I didn't get any financial compensation, I'm absolutely convinced they are leaving me alone because of it, and my son's short-term future is assured.

that's good to hear towie - im just waiting now to see what happens with dd = the statement ordered by tribunal has to be issued by tomorrow and then the EHCP by may = I know it will no doubt lead to the 3rd and final tribunal - once dd is safe and secure then I will go all the way to the LGO and will start from the beginning from the day we first applied for a statement as its been one huge mess after another and my god my complaints list is going to be huge but every single complaint will be evidenced and detailed and no matter what excuses they give on the way I will go all the way - my LA have changed their complaints procedure in that step 1 and step 2 have to be done within 10 days so means the door to the LGO could be opened in less than a month of lodging the first complaint.

both my sons are secure now for their whole secondary placements so just dd now to go for hopefully the last and final battle.

dd is on her taster next week towie - she will be there on next tuesday

bjk So glad to your sons are now safe. Fantastic to hear.

bjk So glad to your sons are now safe. Fantastic to hear.

Good she's on her taster days - fingers crossed she'll love it and be offered a place