Send tribunal

[Vespanest]

DS tribunal is soon, he is currently out of Education, section I is blank. They have conceded that he requires residential setting. In case there is anyone knowledgeable as I’m having trouble finding the answer the LA are requesting to add further evidence and are asking for my permission, in theory I have no problem with this but will this delay the tribunal process? It’s half term where I am so the my usual helplines are closed.

Even if you object SENDIST may allow late evidence. Sometimes SENDIST refuse, sometimes they allow it, occasionally it will result in a delay but you have a good reason to object to that if DS is out of education.

Thank you

Is tribunal still necessary if they have now conceded residential is needed to meet your son's needs? I am guessing that's what you were asking for or what had been recommended to you, we are in a similar situation but it was agreed without needing to appeal or tribunal.

It is likely to be a B&F (and maybe the Heath and social care sections too) appeal as well as I, so even if the actual placement (rather than just the type) has been conceded, B&F will still need to be settled if the LA don’t also concede those.

Thank you @YelloYellowRosesWithRedTips am always learning (slowly) on here. I wasn't trying to suggest not to go ahead with the tribunal of course, just wondered that if the setting (either generally or specifically) had been agreed or agreed in principle they might work other things out otherwise. Honestly feels like you need a law degree or to be a policy expert to be a parent/carer to a child with SEND 🤯

I wasn’t suggesting you were saying to withdraw the appeal, I was just explaining why even if the LA concede to a residential placement it doesn’t necessarily mean the tribunal process won’t continue. The LA may continue to concede further or they might not.

Oh no, I wasn't suggesting you were suggesting that at all (confusing ☺️). I totally agree with what you've said in both posts. I just didn't want the OP to read and maybe take my random comment in isolation as something they should run with as I'm just learning about all this craziness myself. It's great the LA have agreed residential is necessary but, as you say, that's not the only thing that is on the table to be decided. I hope it all goes well, and I know the difference advice and support from the well-informed can make, it has certainly changed our family's future prospects it seems!

The tribunal is to force a setting to actually take him. State and independent have refused on cannot meet need. Section I is blank and without a type of setting the rest of the ECHP is worthless.