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SENDIST tribunal Appeal hearing months away, what will I do when September comes?

4 replies

SilverLiningSearching · 27/06/2020 10:12

I am appealing against the named school on DS ECHP, appeal was lodged at end of May, been told hearing is listed for the end of October.
The special school named by the LA is not suitable for DS I am only asking for him to go to an academy special school within our authority.
DS should be starting his new school in September, am I allowed to keep DS off school? How long do tribunals take to decide following a hearing?
The delay in DS diagnosis, an unsupportive school, and incompetent LA have all contributed to this delay, I hoped it might be settled at the 11th hour, but it looks like months more of struggling to WFH and care for DS on my own.

OP posts:
Ellie56 · 27/06/2020 15:38

You have the choice of sending him to the named school or telling the LA you will be keeping him at home pending the appeal. I think you get the decision within three weeks.

If this is a phase transfer, you could ask for an expedited hearing. Also you could say you are willing to have a paper hearing (no actual hearing, written evidence only) or a remote hearing (by video or phone) as this may also get you an earlier date.

Are you appealing Sections B and F too?

SilverLiningSearching · 27/06/2020 17:15

Thanks @Ellie56- will try for expedited hearing, my heads in bits, with hindsight I think that LA are guilty of trying to run down the clock, they have been dragging their feet the last few months. Yes I am appealing E and F too.
I can’t send him to a school I’m appealing against, it just feels wrong, and would be too unsettling for DS. Will tell the LA he is staying at home.
It looks like it will be the middle of November if we can’t get the hearing expedited, god knows how I’m going to cope with with DS at home till then.
Got a Child In Need Meeting with social services re getting a personal budget for respite, feel like In approaching the end of my rope with it all.

OP posts:
SilverLiningSearching · 27/06/2020 17:17

Sorry Appealing B And F Too

OP posts:
Ellie56 · 27/06/2020 18:55

Solicitors always advise appealing sections B and F, not just section I on its own.

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