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Statement due this week after winning appeal

23 replies

2boysnamedR · 09/03/2015 13:54

Well my la as ever have remained silent. It's due in 48 hours but I have had nothing to say they even acknowledge it's due.

Toddler is on the verge of his asd dx and where looking for specail pre schools.

I asked the boys case officer if they knew if the statement was being written, he said he'd ask the tribunal Clark ! Ffs please don't tell me that tribunal clerks write statements?

I also asked about panels for the toddler and I was told he might be turned down. Maybe I'm reading to much between the lines but he's three and totally non verbal. How's he going to survive is ms? It's all just to spite me.

How the hell do I not implode? I but a formal complaint into school as well saying they didn't implement ot recommendations after 1.5years and the governor told me they have followed school policy!

Horrible week ahead.

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Bilberry · 09/03/2015 14:12

I will be thinking of you 2boys. I couldn't see it going down well with the tribunal not to issue a statement but it wouldn't surprise me if you have an appeal in within 72 hours Sad. My LA gave me a plan with the totality of support being; 'individual and group work, one to one as required'. This is a child attending a specialist unit! I will be interested to hear if you get more than that! Hmm

bjkmummy · 09/03/2015 14:27

you will deffo get a statement as that's what the LA have ordered but what will be in it is another matter - do you have an idea of what you would be happy with in the way of support?? I really hope the statement is a good one so you don't have the stress of yet another appeal on top of everything else you have going on at the moment

2boysnamedR · 09/03/2015 14:31

I don't think I can appeal straight away - or can I? They have to issue within 48 hours as they have had five weeks. I don't know if there is a timeline to amend the statement after it's issued? Or can I just appeal it straight away?

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2boysnamedR · 09/03/2015 14:41

Is it eight weeks from their proposed to a final then I appeal? Or is different rules if you win a apeal?

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2boysnamedR · 09/03/2015 14:48

I know what I want and I know they won't give me anything. I want 1:1 and slt and they will not deliver. They are going to fight me. No worrys and I will fight on.

These people are solely focussed on budgets so no way will they ever think needs= provision

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bjkmummy · 09/03/2015 15:43

im not sure 2boys as my LA issued a final statement but think that was so they could move to then start the EHCP transfer process - it may be if its a draft statement then yes you will have to wait until they finalise it before you can appeal

I know have a statement which includes my indie reports in part 2 but absolutely no provision from them reports in part 3

2boysnamedR · 09/03/2015 16:27

Did you get a appeal date? How did your application for costs go?

I have had some eyebrow raising things over the last few weeks which I think have un intentionally gone in my favour. It's a shame but the more things fall apart, the more evidence I get for any appeal.

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senvet · 09/03/2015 16:27

they have followed school policy!
Get a copy and go to MG for JR.
That policy is SUCH good evidence

senvet · 09/03/2015 16:29

Sotry 2boys should at least have wished you cooling flannels for your brow, and a blood pressure monitor, but in a bit of a rush. I'll coe back to the tangle of problems a bit later

bjkmummy · 09/03/2015 16:43

the LA got their barrister to respond to the costs - he made so many statements which the law actually doesn't say - job for tonight is to respond back for a final time and then judge will decide - got no chance I know but worth the final email. the barrister in his response has actually clarified something in writing ie agreed my dd would get same level of support when they've cut it by 35% when they issued the statement.

no appeal date yet - shows just how over whelmed sendist must now be as its a fast track appeal and 2 weeks later has yet to be put on the system - they said they are listing the fast track one late june / early july - hopefully they will list it this week as they have gone over their own 10 day guidance of listing them

2boysnamedR · 09/03/2015 16:53

It's up to the judge so you might get something back. Anything is better than nothing. Plus it shows these la's to think twice when they can conceed before the day

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bjkmummy · 09/03/2015 17:25

LA barrister trying to argue each witness only entitled to £48 each! but even if I got a £1 back it would be worth it and I wonder how much the barrister has charged them to draft the response as well.

2boysnamedR · 09/03/2015 18:03

Exactly, that's my thinking too. I have been told 1/3 of costs. Let's see what the judge thinks

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StarlightMcKenzee · 09/03/2015 21:00

Ask that the tribunal direct that the barrister repay all but £48 of his fee if they suggest that is all you can have per person.

FFS.

senvet · 10/03/2015 10:27

I think you can appeal the day they send you the Final Statement as it comes with a letter saying you have 2 months to appeal.

You can prepare it now and have it ready to go the moment you have opened the letter and checked that it is all the things you expect.

Straight to LA and Tribunal, same day, luvverley

2boysnamedR · 10/03/2015 15:34

If it's a final statement tomorrow I'm not wasting any time before I appeal. He's transitioning to junior in sept. Got a meeting at school tomorrow to see how they are getting on.

Seeing as the governor said they have followed policy in ignoring ot recommendations for 1.5 years it's the last time I'm going in. Let's see how like me signing off his targets as not meeting his needs in future.

If they don't like it they can make a formal complaint to my boss - which is me, and she doesn't give much if a hoot right now

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bjkmummy · 10/03/2015 15:48

you've got to be my record which I think was under an hour from the LA paperwork dropping on the mat to being stood at the post office handing the appeal over to be sent.

I spoke to sendist again earlier and they still haven't listed my appeal - they are well over their 10 timeline for listing them so just to forewarn you even at sendist now the wheels are turning very slowly.

a friend of mine has flagged up that bbc 5 live on sunday are looking for people to come forward and talk about their experience of being refused an assessment. not sure I want to go public yet but if I could be anonymous I would be tempted to share my story

senvet · 10/03/2015 16:09

Try for anonymous

senvet · 10/03/2015 16:16

sorry that makes no sense
Did I dream seeing something about the radio wanting people who had been refused statements?

2boysnamedR · 10/03/2015 16:19

I would hold my hand up for that

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senvet · 10/03/2015 16:29

Oh go for it 2boys another one within the hour

Actually set yourself some Benny Hill music and time it

bjkmummy · 10/03/2015 16:58

I have the email and phone number for the reporter if anyone wants the details

senvet · 10/03/2015 19:08

Can you start a new thread for it? I am a bear of simple brain, and yes I want it to see if some friends want to do it

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