Debs40 - Can you answer a question? - or anyone else that might know a bit about law.

[DelsParadiseWife]

Tis Starlight! (not that you wouldn't answer otherwise, but just so you know history etc. that is if you remember the details of the lives of the people in your computer)

Can you tell me the difference between 'withdrawn' and 'conceded' in the stats by SENDIST?

They say that 'conceded' means it doesn't go to hearing, but surely they would be called withdrawn then!?

Many thanks. Open to anyone else who might know of course!

Not a lawyer, but power of Google, and all

Withdrawn - Parents withdraw their appeal before hearing. That can be either because the LA Concede to their requests, or they decide they will lose, or can't fight any longer, or the LA meet them part way and they decide that is enough.

Conceded - LA settle to particulars of appeal before hearing date. i.e. cave at the last minute.

Are YOU Miss Google?

Google just doesn't perform for me like it does you!

So conceded means the LA definately give in, and withdrawn means they might have done!

This document gives timescales for action following concession by the LA.

Oh I see (I think), - conceding is a formal process that is kinda wrapped in law. Withdrawing is a kind of out of court private agreement type thing?

Yes, stats are a bit ambiguous, because only the parent has the right to withdraw an appeal from SENDIST. Obviously, if the LA concedes fully, there is no case to answer at tribunal. I would imagine that the overlap occurs when the concession is so late as to prevent the parent from lodging the withdrawl in writing (ie. LA concedes on Friday, hearing set for Monday). In that case, the parent couldn't file the paperwork to withdraw, so it would go down as a concession. If the LA concedes, say on Tuesday, and hearing is set for Monday, then there is time for the parent to lodge the paperwork, so the stats would record it as a withdrawl.

Hiya, yup, think you are right from googling. It seems that if agreement is reached with the LA, parents can withdraw an appeal at any stage in the process. If the LEA concedes it means that it must act as if the appeal has been decided in the favour of the parents.

I see, so 'conceding' pretty much means the parents win everything they are asking for, but that they get it in the doorway to the tribunal room.

Withdrawal means the parents have accepted whateve the LA have proposed in the run up to the tribunal which could be anything from nothing to everything!?

I'm beginning to suspect Lou is a very high functioning search engine posing as a MNer.

Nah, just skills from the Uni essay writing years - too impatient to wade through rubbish, so learned to be efficient in whittling down search criteria.

I could do with those skills! I am spending a ludicrous amount of time online researching stuff for my Tribunal appeal!

Thanks to Starlight for asking and Lou for replying, cos I wanted to know the difference between the two too!

When i it Mili? Month will do!

Anything I can help with, Mili?

Don't suppose you can find the name of the barrister that my authority use in the tribunals to fight against appeals can you?

Or did you mean you were going to run an exclusive on-line google course!

Are you sure you're not a computer?

Lol, I'll have a look...

Tis in the summer....sorry, becoming a bit paranoid, in case some b@stard from the LEA is sniffing about on here.

Starlight, when you get the response from the LEA, I am sure that they have to name their witnesses and representatives, including the name of their legal representative, if they are using one.

Blimey! The LEA use barristers against parents!

Surely, that's very heavy handed and not a good use of public money, which they seem so keen on NOT spending on SN children.

Lou, I read somewhere that the LEA can send a legal representative in place of the SN Officer, so they can effectively avoid sending anyone from the LEA SN Education office to the Tribunal, just wondered if this is true, as I would love to get the LEA Officer in front of me at the hearing and ask them lots of awkward questions!

No results so far, but Star, have you heard of Peter Bibby?

Mili They've changed the no. of witnesses allowed and you can now have any number. You can call the SEN Officer yourself as your witness. You have to be careful that you KNOW that it will support your case rather than backfire, - but still that's an option. And remember that as well as you questioning her, the LA will too, and they will set up and practise the answers.

I'm planning to put up our NHS SLT, as I think if she made the recommendations she should be accountable quite frankly. I have literally mountains of evidence that she has not a clue about my ds' needs or ability. I cannot imagine how she can get out of that one.

Lou No, I hadn't heard of him but somehow, whilst he may believe in the approach, I doubt he is doing it purely out of the goodness of he heart.

mili It's okay. I can understand why you need to keep some things quiet.

I think they are using barristers against parents that might win certain approaches because they don't want to set any precedents iyswim. They aren't trying to win that case, but prevent future similar cases from appearing in the first place, - I'm guessing.

Do you have CAT? I may have a couple of things I can share with you and/or vice versa!?

My LA wrote specifically that they would not use legal representation at SENDIST if I did not use legal representation.

I know that is not always true here - a local friend (no legal training but well-informed and bolshy) supported another parent at SENDIST against an LA barrister (and won). She says that the tribunal weren't impressed with the LA for doing that and it can backfire on the LA as it looks heavy handed.

Starlight, I expect people might be able to tell you in 10 minutes the info you want to know. Seems they have crossed the fence, so to speak.

Lou, Thank you but your link doesn't work!

Sorry

LOL

I seem to remember coming across this lot a loooooooong time ago, when I was early in the whole process. I think I might have even contacted them but weren't completely satisfied that they knew much about home programmes. Might use that 10 minutes at some point though.

Hi Starlight, I don't have CAT, maybe I should set it up though!

Haven't got round to joint TTR either; been to busy fighting the LEA!