Active discussions

Please or to access all these features

Talk
SN children

Here are some suggested organisations that offer expert advice on special needs.

Original poster

We LOST The tribunal

18 replies

jenk1 · 31/05/2008 10:16

we knew we had on the day.

The LEA were are to lie convince the panel with their evidence that dd is happy in the nursery.

not sure where we go from here.

but feeling very

OP posts:
Flamesparrow · 31/05/2008 10:19
Sad
bigcar · 31/05/2008 10:30

Sorry to hear that jenk1

magso · 31/05/2008 11:12

Sorry Jenk

LMAsMummy · 31/05/2008 12:18

Really. really sorry to read this.

NotABanana · 31/05/2008 12:19

Can you appeal?

Can they prove anything?

TotalChaos · 31/05/2008 12:20

sorry to hear this.

deeeja · 31/05/2008 12:47

Very sorry to hear this jenk.

coppertop · 31/05/2008 13:44

I'm so sorry, Jenk.

Original poster
jenk1 · 31/05/2008 14:14

im thinking along those lines notabanana.

when we were at the appeal, a member of the panel was quite aggresive towards us saying things like "are you not proud of your daughter"
they wouldnt let us discuss the CDC report saying it was "out of date" but in the report they refer to it.

they have totally sided with the ed psych who hasnt seen dd for a year until the thursday before when she went in and asessed her, but she wasnt allowed to present her report as it was too late, our psych challenged her report but the panel say they "prefer her evidence" over our psych as his is rather general based.
the ed psych says there is no significant SN.

dont know if i can be bothered to cos she wont be asessed before starting school which is what we wanted.

our psych did say to us on the day out of the 100,s of tribunals he,s attended this was the only one where he felt the panel were totally against the parents and had made their mind up before the hearing.

probably have the lea on the phone on monday gloating.

OP posts:
NotABanana · 31/05/2008 15:46

I would put something in writing. Don't make it personal for the hell of it but state your claim and make your point, clearly and calmly. This is your child and you have to fight for them.

Good luck.

MABS · 31/05/2008 15:57

shit xx

ancientmiddleagedmum · 31/05/2008 16:11

I'm very sorry Jenk - as if you haven't got enough going on, for them then to tell you they know your kid better than you do! Get your energy back, regroup, then see if you want to appeal. My understanding is that if you do appeal and win, you can pretty much write your own education plan as they give you all you want at that stage - but it's more stress on you of course. Big hug!

AttilaTheMeerkat · 31/05/2008 16:59

jenk1

You mean to tell me that SENDIST have actually turned your case down?. Is that what they told you on the appeal day itself?. Or are you still awaiting their actual decision (I did not think they acted so quickly re making decisions hence me asking this).

What have IPSEA said about all this, did one of their representatives also attend the tribunal hearing as well as your EP?.

You need to talk to IPSEA asap as they're very good at all this and have sat in on many tribunals before now. They may actually be there today, if not certainly on Monday.

AttilaTheMeerkat · 31/05/2008 17:03

Hi Jenk

This is taken from SENDIST's website re decisions:-

  1. How will the tribunal come to a decision?

The tribunal panel makes its decision by considering all the evidence. This includes the documents which you and the other side send us before the hearing, and also what was said at the hearing. Whatever the tribunal decides, you and the LEA must accept their decision.

(This is why I asked you the question originally cos I know SENDIST do not act that quickly always. I am sincerely hoping that in respect of the second question they have not actually made a final decision to say no to you).

  1. When will I know the tribunal's decision?

We aim to post the decision and the reasons for it to you and to the other side within 10 working days of the hearing. Some cases need a little more time before we can send out the decision. We will not tell you the tribunal's decision over the phone.

  1. Can I appeal against the tribunal's decision?

The tribunal's decision is final as far as the facts of the case are concerned. Both you and the other side can appeal to the High Court against the tribunal's decision, but only if you think it got the law wrong. You cannot appeal against the decision simply because you are unhappy about it. If you need advice about appealing, you should talk to a solicitor. You only have 28 calendar days from the date the decision was issued to appeal to the High Court.

You and the other side can ask us to review the decision if you think there is a technical problem with the decision or the way it was made. We will not review the decision simply because you are not happy with it. We must receive your request within 10 working days of the date we issued the decision. A review does not replace an appeal to High Court.

AttilaTheMeerkat · 31/05/2008 17:14

Jenk

This also may be of interest to you:-

www.levenes.co.uk

Tclanger · 31/05/2008 18:41

This reply has been deleted

Message withdrawn at poster's request.

Original poster
jenk1 · 31/05/2008 21:10

They didnt tell us on the day itself, but we knew when we went for a break that they had already made their decision by the way the panel were talking to us.

such as

"are you not proud of your daughter"

"you view that as a negative thing"-when i asked why dd had been receiving full education in nursery as compared to other children who received 2.5 hours a day.

they havent taken on board anything we have said about her emotional difficulties, the nursery said she stopped crying last december (when being taken in to nursery) we said no she did it the previous week.

they said her incontinence difficulties are a medical matter and in the report it says we are seeking medical advice re that, we said she,s going to possibly go to school in nappies-what happens then?

we said noone has monitored her for months, it all stopped when we asked for a stat asess, the ed psych hadnt seen her for a year and goes in the thursday before,doesnt speak to us and provides us with an unsigned report on the friday afternoon (the tribunal was on the tuesday) but she was allowed to give evidence off that report.
it actually says in the report that they "prefer" the ed psychs view cos she has been able to support her view with specific observations and testing which go beyond the more general approach taken by the independent psych, they accept ed psych view that ther should be no concern that dd will not be able to cope with a mainstream placement although,of course her progress will continue to be monitored.

they also say they recognise our concerns that dd continues to have incontinence difficulties about which we are taking further professional advice but they find that the balance of professional opinion does not support our view that dd has as yet unidentified needs or that there has been no overview of her condition.
it is clear from parents evidence tht many of their concerns arise from the lack of understanding of the professional reports and that improved communication,particularly with regard to the significance of dd,s test results would be likely to assist them.

confused?
i am.
IPSEA didnt come, they let me down the thursday before, our independent psych was so angry on the day he said he,d never seen anything like it.

OP posts:
Original poster
jenk1 · 31/05/2008 21:22

another thing that confused me on the day was one of the panel asked the nursery teacher "so would you say dd was on school action plus"

"well yes because there are outside agencies involved"

he then went on to say that she wasnt on school action plus but had "broader medical needs".

ive never heard of that has anyone else?

OP posts:
New posts on this thread. Refresh page