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SN children

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Original poster

OMG i did it - I won my tribunal costs back!!

48 replies

bjkmummy · 13/03/2015 12:29

The deadline for my final submission was only on Tuesday and decision in today and they have awarded us the whole lot!

judgement absolutely scathing of the LA - wrote by my tribunal judge no less and he makes it clear that the case should never ever have been bought to tribunal in the first place and that the LA never had a case at all - period.

He rips apart the submission the barrister had made in defending the costs namely only £48 per witness, that I had to apply on the day, the consent order had to refer to the costs - the judge points out he was wrong on all points!!

the judge made it clear that yes the LA had conceded on the day but to have pursued it to an hearing would have been a much worse thing to do!

I cant believe it ! little ole me who researched the law behind it all and pulled apart the LA barristers submission to then go and win again is slightly overwhelming today and I still have stuff to serve on the LA today re the forthcoming tribunal.

the judgement also further clarifies the consent order as well regarding the EHCP which is good as well

OP posts:

mumsuz · 13/03/2015 12:37

That is brilliant - and nothing less than you deserve in the ongoing battle. I hope that you are on a proper roll now!

Celebrate with a big glass of wine or slice of cake!

It shows that parents really can be the best advocates for their DCs.

iwanttoscream · 13/03/2015 12:39

Well done.
Hope they now give up.
Wouldn't it be wonderful if they now give your dd her Indi school placement.
If not once they pay up, you can use it for June tribunal or a well deserved holiday!!!

Original poster

bjkmummy · 13/03/2015 12:42

yeo that's what the money is going towards - the next one and then if any money left after that then we are off for a weekend at centre parcs at some point!! its not even about the money to be honest - its how they behaved and I loved how the judge has put the LA barrister in his place and made it clear that how the LA are behaving is not acceptable.

this could go either way - they could just give up or they could really come after me big time to prove a point - again!!!

OP posts:

pannetone · 13/03/2015 12:58

Well done bjk! I'm so glad you got your costs back, and, more importantly, a resounding rebuke from the judge for the barrister and LA!

(Have I understood correctly that the barrister was trying to limit your costs to £48 per witness? What a cheek!)

bitbap18 · 13/03/2015 13:06

Well done, excellent news!

Original poster

bjkmummy · 13/03/2015 13:14

yes pannetone he did but the judge ruled that my costs were fair so awarded us the whole lot. bet he charged a lot more than £48 to write his submissons - my dh has just re read it again and it also says one (of many) reasons we won is that the LA were deemed to be vexatious - ouch!

OP posts:

billiejeanbob · 13/03/2015 13:26

Brilliant BJK! So pleased for u - well done!

KOKOagainandagain · 13/03/2015 13:28

Bloody well done

You have made my day.

I will toast you with a later.

I should think there will be a party in the G&C tonight.

adrianna22 · 13/03/2015 13:30

Well done!

bighairyspider · 13/03/2015 13:45

Yay

I expect questions will be asked in the finance department when they have to authorise the payment! This should be seen as a huge warning shot across the bows for them. I would expect them to be very, very cautious around you now, particularly as a judge considers them to be vexatious. You could really use this to your advantage at the next tribunal.

sammythemummy · 13/03/2015 13:51

So happy to read this today

StarlightMcKenzee · 13/03/2015 13:53

Good. bjk You've been through so much. You sound like a different person. Well done.

StarlightMcKenzee · 13/03/2015 13:54

Oh yes. 'Dear Judge, I think it is highly relevant to THIS case, that one judge has already ordered costs to this family for LA unnecessarily forcing them into a tribunal situation and wasting both taxpayers and the family's money, for another case'.

coppertop · 13/03/2015 13:55

Aww that's fantastic!

A very well-deserved victory for you.

Bilberry · 13/03/2015 14:08

Great news . Shame the judge couldn't award damages as well.

sazale · 13/03/2015 14:18

Can you use this to make an official complaint to the Chief Exec at the LA? Would your MP be of any use?

Really pleased for you Bjk

senvet · 13/03/2015 14:29

WOW and thrice WOW

Blazing a trail for others to follow I hope.

In terms of it going both ways: capitulation -v- all out war, I suggest that in future dealings with the LA you do your best (and I realise you will deserve an Oscar for it) TO be gracious in victory and resist the temptation to gloat. They will be caught off guard by that. It may help them to stop digging in and getting stuck in war mode.

Of course if they are already in their trench it will make no difference except that you will have been charming and they will have been nasty. That's their bad.

From their point of view, they had instructed a barrister who SHOULD have told them they had no chance and could face a costs order. If he didn't then they can go after him to recoup their expenses (otherwise known as the tax payers money).

If he DID advise them to stop, and they went ahead regardless, then they will have to pay him and your costs.

Either way you 100% deserve it, so enjoy. I am so chuffed for you

Ineedmorepatience · 13/03/2015 14:37

Wow!! AWESOME!! Well done bjk!!

JJXM · 13/03/2015 14:38

I'm so pleased for you after your LA has put you through three unnecessary tribunals . You are an inspiration!

I echo sazale and urge you to pursue a complaint against your council and ask for compensation for wasting your time (we added up my hourly wage x number of hours spent) and money for your distress.

streakybacon · 13/03/2015 15:46

How wonderful! I'm SO pleased for you . Well done, spend it frivolously wisely .

WhoKnowsWhereTheTimeGoes · 13/03/2015 16:28

That's amazing, well done you

2boysnamedR · 13/03/2015 16:56

MwwashhhaaaaHaaaaa!!!!

Boo hoo for your slimy vexatious la.

WintersDayTOWIE · 13/03/2015 16:59

Oh wow! This has absolutely made my day. I'm so pleased for you. And that you won because they were vexatious. This is an incredible victory - it's almost unheard to get costs.

I wonder how quick they will pay up? Does the order state timescales? If not I'd give them 14 working days to pay in full, and if they haven't by then, start a formal compliant.

As they've been shown to be vexatious, I think they will be very very careful with your next tribunal. Yes it could go one of two ways - but I think they'll be eager to show that they're not vexatious again. So hopefully that will be good because they won't start silly games again.

Hopefully they'll also sack the barrister because of his ludicrous advice.

It is appalling that they put you through all of this when there was absolutely no need. So its a victory that should never have been (iyswim). But, tonight, I'll be raising a glass to you and your 100% victory. I've lost count, is it about 5-0?

2boysnamedR · 13/03/2015 17:20

My 11 year old son says he's representing me in our next appeal. Apparently all he needs is a breifcase with crisp and Lego in. By the sounds of it he's into a good idea.

WintersDayTOWIE · 13/03/2015 17:25

2boys, I think he'd do better then bjk's LA's barrister!

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