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Withdrawing appeal

1 reply

Busybody2022 · 05/04/2023 23:26

I seem to be stuck in a pointless dispute with the LA and debating just withdrawing the appeal. I know they are wrong but even when I inevitably win, they've proven they won't follow the plan and 6 months down the line of trying to enforce the previous plan, I'm now waiting on LGO.

Child had a provision in his plan. One key word was removed from the professional report to it going in the plan. He never received this provision. I complained and have escalates to the LGO. I'm 99% sure this one word being removed will mean they will rule in LA'S favour.

They then removed the provision entirely from his plan based on a hideously written NHS SALT report. The report was 100% based on a service policy, not my child.

I obtained an independent report. It basically says what the original NHS one states but with the key wording in to make it clear. They obviously won't include this. Even though the provision they did put in is completely random and unevidenced.

I submitted my appeal. LA have responded they will be contesting and they've engaged solicitors against me. This provision theoretically should be provided by the NHS but even if they don't have capacity and can't provide at absolute most, based upon high average costs it would cost £720 PA to comission a provider. On midrange costs it would be around £600 PA.

I'm not represented, I can't afford representation. The games the LA are playing are hideous and I don't think my MH can take it. I can't afford the private therapy costs either.

Would I be failing my son to withdraw?

OP posts:
FloatingBean · 05/04/2023 23:53

I can see the temptation, but personally I would continue. Things won’t improve and may well get worse if the LA think they have ‘won’. Have you checked whether you are eligible for legal aid?

Does the one word make the provision woolly? If the previous EHCP needs enforcing, and is specified and quantified, judicial review would be the way to go to enforce it.

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