The year of the TRIBUNAL- come and post if this means you!

[StarlightWonderStarlightBright]

Thought we could collect ourselves together.

Final statement supposed to come today. Expecting it Friday. What about you?

Did you know that Tribunals have the power to award costs - but rarely ever do?

So technically you should be able to ask the SENDISt to order the LEA to pick up your tab for representation. LEA will probbaly argue that the tribunal system is an Alternative Dispute Resolution (ADR) accessible to the lay person and which should not require the parent to hire lawyers - however if the LEA turn up with their legal team then you shoudl consider your legal representation justified and certainly ask the Chair to award costs.

Best wishes to you all - I hope you you kebab your LEAs!

Didn't know that WetAugust

But what I DID just find out is that I can also put in a complaint to the Local Government Ombudsman as well as the Secretary of State all at the same time and kebab the LA in paper to keep them nice and warm at bateria-generating temperature.

Tis a lovely thought indeed and I have a legal advocate very keen on the idea after hearing my story.

I complained to the LGO and won my case - although it took over a year from start to finish and I was awarded £200! It barely covered the ink cartridges and paper I used.

You cannot complain to the LGO about a specific decision - you can only complain about maladministration - such as delay in the LEA answering correspondence, issuing the Statement, putting you to unnecessary trouble by failing to follow due process etc.

The LGO will not handl any complaint that could be handled by an alternative route - i.e. SENDIST.

Before you can complain to the LGo you also have to exhause the LA's own internal complaints procedure ( 3 stages) and that takes about 6 months before you can refer the complaint to the LGO.

The Sec of State will only interfere where there has been unacceptably long and unnecessary delay or very special circumstances.

You can only wait until your son is 16 and sue the LA for educational negligence - we did that too.

LOL...I've been looking into the logistics of doing that RE DD if the LA don't statement her this year. (it's only just over 4 yrs till she's 16). I'll have to see how the appt goes on Wed with her new SenCo & LSA. I'm going for a statement this time, and I'm gonna fight to the death.....

I am going to appeal for DLA as well. Just got the form to apply for it I am just waiting for the writen reason regards to the refusal.

Just had letter from the DWP and we have been awarded middle-rate care for DS1 and it has been back-dated to February 09 when I first put the claim forms in and . So no tribunal needed for us, as the statementing is going to go well, right?

There's a bit in the Lamb report about how legal aid should cover SEN tribunals as they are now so complicated - you could use that to claim costs on basis no solicitor will actually apply for legal aid (you need to get approval under exceptional funding from the Lord Chancellor or whatever they are called now and its more hassle than its worth, the Solicitors we have contacted have refused to even try and get legal aid).

Who is your legal rep if you don't mind me asking?

Guess this is us too very shortly! Draft arrived today and it's not worth the paper it's written on. I can't believe it's taken them four months to write. They've totally ignored the PC too and I spent hours and hours carefully honing it!!
Is depressing to know we've almost reached the point where we have to start shelling out for second opinions, lawyers etc. And then there's all the emotional energy to invest too. Am knackered at the thought of it!

I have this issue. I think SEND only really award costs for very late settlements eg they would cover the costs if they settled at the door and you had hired experts etc.

The rules imply that you can claim more but from what I have heard in practice they are reluctant to do so.

You can try LGO. Or ed negligence case.

Star

I would certainly ask SENDIST to award costs if the evidence shows that the LA could have avoided you having to drag them to SENDIST to prove to them what they already knew. That is maladministration and as such is something the LGo can investigate.

You can also complain to your Council about the waste of public funds but you'd have to exhaust the Council's own complaints procedure anyway before the LGO would investigate your case. That's why the whole process literally takes years -- but well worth doing just for the satisfaction of screwing them about for a change - and being in control of the process. Very cathartic!

I warned the LA that if they continued to bugger me about I'd take them through every complaint procedure I could. I expect they thought I was bluffing but I did and kept their SEN section and legal team busy for years!

I have framed the LA's (grudging) apology the Ombudsman ordered them to give me and also photocopied the cheque they had to send me. Happy days!

My MP told me he could help me with a judicial review but it didn't come to that. I think that if the LGo rules against you then you can seek a revision by the LGo but if that fails then JR is the only available option.

Make them suffer as much as they've made you suffer.

We are fighting too-as our LEA refused to assess DD.
We are doing it all ourselves and have received a date for Nov for our hearing.
Am dreading it......but then I am going to fight this for dd till the bitter end

For post-tribunal, I have drafted my Freedom of Information requests, ready to go! I plan to campaign to get the whole rotten, stinking system changed, if only on a local level.

Bastard LA. I've just got their response to our appeal and new evidence, it just trots out standard lines: 'We believe pt 2 accurately describes DS's SEN', 'It is suitable for DS's age, aptitude, ability and SEN'.

They have written nothing that actually addresses my concerns about the placement, no comments about the new reports I've submitted and haven't agreed to any of the changes to pts2&3. So much for negotiations before the hearing.

I've had a look through mine again and I've come to the conclusion that they haven't read the 500 page bundle at all. Nothing else can explain the pathetic 19-page response they've given.

Starlight OMG. I'd be horrified if mine had been sent to some random parent.

Well, I'm sure the Information Commissioner would be interested to hear about it, although I expect you're a bit sick of making complaints now