I meant to post about this, please read below:
This is a letter drafted by lead counsel regarding new proposals/regulations for SENDIST which will impact on parents' right of access and appeal against our children's statements and creates an unfairness to many low income families of disabled children.Please circulate to familiy and friends and send to your MP and copy into SENDIST at Mowden Hall, Darlington - we need to stop these measures - consultation finishes on the 11th July 2008.
SAMPLE LETTER
Dear
Re: Children with Disabilities, changes to the Special Educational Needs and Disability Tribunal Regulations
I write to you as my member of parliament, because of proposed changes to the rules involving the Special Educational Needs and Disability Tribunal. I am extremely concerned that these changes are being produced as a result of a general legal reform which pays no regard to the special role of the Tribunal, and its jurisdiction, which outside of the Family Court, is unique.
The current reforms are providing for an upper/lower tier of tribunals, and are convenient to lawyers, and to the legal administration. They have the following detrimental effect on families of children with disabilities, and special educational needs, and particularly are unfair and handicap the parents. The problems are as follows:
· Firstly, the system favours local authorities, by abolishing a restriction on witnesses, and by getting rid of the substantial written element of the case, which means that the Tribunal is a short cost effective and highly expert body.
· Introducing directions hearings, and other administration orders, which will increase the costs.
· If the restrictions on witnesses are abolished, plus the introduction of directions will mean that hearings which are generally one day or less, will be much longer and much more expensive.
· The current system was brought in because local authorities had a substantial advantage and could call a large number of witnesses. Parents had limited budgets, and were concerned by their children?s needs and disabilities, not by the budget. The new system helps local authorities unfairly.
· There is also a proposal that the Tribunal can order a child examined. The Family Court, which has jurisdiction in this area, only does so in certain set circumstances. Special needs appeals take place in circumstances where the authority is bound by statute and regulation as to how far and in what circumstances it can examine a child. The current proposals would seek to abolish parental rights, and in addition, create greater power for a local authority to examine a child in tribunal proceedings, than it is given by statute.
Overall, I am extremely concerned by these changes in rules, and the fact that the consultation is really one for lawyers. It is unfair to parents and is only convenient to the Legal Administration.
I would be grateful if you take this matter up, not only with the Department for Children and Families, but the Department of Justice. It would seem the best way to deal with this is to call for these regulations to be actually debated in parliament.
Yours sincerely