Have a meeting with LA

[claw3]

LA have refused SA and have now phoned and requested a meeting with me on Monday. (I am taking it to Tribunal)

What can i expect?

Im assuming they will be trying to talk me out of SA, what kind of offers are they likely to make?

Bloomin' 'eck! There are loads of lovely teachers on this board including my uber-pal Goblinchild and I love you all dearly however I am becoming increasingly of the opinion that somewhere in this country there exists a rogue teacher training facility that churns out complete twats masquerading as 'professional teachers'.

Breach of confidentiality - my arse! You're probably one of those Data Protection zealots that think it applies to every reasonable request that's made. There was one in the building society the other day who refused to update son's passbook for me - after he had specifically given it to me and asked me to do this for him. The plonker (BS woman (oh - how appropriate those initals are!) insisted on taking it from me , updating it and mailing it back to our house!. All because she believed the DPA told her to - the DPA is the best friend of the 'elf by the way.

Anyway - back to Claw's dilema.

The LA will have consulted school and asked them if they have identified any SENs of your son and if so, will require school to state what support they have provided and what the outcome has been to date.

You should ask for a copy of school's response to the questions the LA posed them.

Assuming school said no problem - as we know they are crap at even acknowledging he has SENs then the LA have to decide who is telling the truth - you or school. However I disgree that a meeting is required to enable the LA to determine this. You've provided sufficient evidence. The fact that you and not the school initiated the process should tell the LA that you consider school have not identified, assessed or supported his SENs. It doesn't require a meeting for the school to tell that to the LA fact to face.

And - the case officer is hiding behind 'the panel again. We know that legally it's the Case officer who has statutory responsilibity for making the decision whether or not to assess and not a panel's decison. So she could put an end to this nonsense right now by making the decision to assess - and the fact that you and school disgree makes it even more critical that an independant assessment is carried out.

At the meeting you will have school and the LA against you - the LA eager to hook into anything school can say to justify the LA's decision not to assess. You are in danger of playing your hand in evidential terms before the SENDIST - that plays into their hands as they then have more time to build the case against you.

For goodness sake do not let them minute it - you will get their slant on what was said (basically the minutes will lie). Therefore you must have someone with you to back you up - and twho can tell SENDIST what happened at the meeting - and that doesn't include PP.

But, according to my solicitor SENDIST expects both parties to continue to try to reach an agreement before the hearing - so you must try to engage with the LA, however warily.

I would decline the meeting with the school and insist on it being limited to the LA. The LA can talk to school themselves and find out more about what has been going on there. it doesn't require you to be present. You have submitted your request and provided evidence to support that request. You've done your bit.

I would certainly make sure the LA Case Officer knows that you know that she's trying to hide behind the Panel and could eaily make the decision to assess right now and save her dept a lot of time and effort as you will pursue this right to SENDIST.

FWIW - DS's son failed to respond to the LA's request for evidence. The stat assess went ahead regardless with me citing the fact that they faield to respond as further evidence of the fact they had ignored his SENs.

Be very wary if you do decide to meet school and LA.

Best wishes

debs - please look again, I never said what a pity in response to your post I said it in response to bat's somewhat rude and dismissive post. You and I cross posted.

Wet - great advice as always! Have you thought of making a living this way??

Yes my response was rather similar to your post in that respect. I apologised for that though.

Blimey, i go off to a parent evening and it all kicks off!

London - whether i cut and pasted is irrelevant, the contain of what i cut and pasted was a standard, run of the mill LA response. It was hardly highly confidential and even if it was, i have the right to do whatever i like with information about my own ds.

You have not been 'shouted down', others have just not agreed with you in the AIBU style you appear to be seeking.

I note you posted you are a professional and have experience of the process, so perhaps you would like to add something constructive?

Thank you to everyone else for your input, i will have a read now.

Star thanks, glad you and Wet have turned up, really appreciate your input.

"This meeting is to try to point out to you (And to the school) that your ds does not need a statement. Evidence of what more the school can do to support your ds can be used in a tribunal against you possibly" (apologises for the direct quote, dont want to upset anyone )

My arguement is school have failed so far to understand or address his complex needs and they need guidance from a SA to direct the school in strategies of support. A meeting with the LA wont change that, will it?

The school really dont have any idea of what his needs are and i think this would really show in a meeting.

I know im treading on really thin ice, just trying to weigh up the pro and cons.

Im not sure how to feel anymore Star!

Wet, i already have copies of everything the school, it is littered with inconsistency and errors all in my favour.

When i originally spoke to IPSEA their advice was to lodge an appeal and keep on to LA to try and get them to change their mind before tribunal.

I have just received my perfect excuse for refusing to attend this meeting an email from SENCO.

Ds has been refusing to go to school since Tuesday because of PE. I phoned the school and asked to speak to SENCO. She was 'too busy' to speak with me or phone me back. So i had to explain the situation to the receptionist. Receptionist spoke to senco and phoned me back, advice was 'i cant give in to him and to just bring him into school, with his PE kit and leave it to school'

I asked 'what is the plan' she replied 'he is just going to have to get changed into his PE kit'.

So i sent SENCO an email confirming the conversation and asking her to contact me ASAP, as this was a serious matter, so we could find a solution.

She has replied "I was unaware that I had given you this address. Please contact the school directly if you wish to make an appointment to see me"

I think its fair to say, a meeting is a bad idea based on that!

Wet, i already have copies of everything the school, it is littered with inconsistency and errors all in my favour.

That's all you need Claw to prove your case at SENDIST. You don't need to prove your case to the LA in front of school before the hearing - the LA already have enough to make that decision to assess. Nuff said.

---

When i originally spoke to IPSEA their advice was to lodge an appeal and keep on to LA to try and get them to change their mind before tribunal.

Same advice as my solicitor - keep channels of comms open so you can show SENDIST you tried to reach agreement.

---

As for the rest of your post - i agree with you. What's the point of having the meeting with a SENCO there who has that attitude. Just record it all in your diary.

The worst that could happen is the SENCO's attitude changes dranatically in the presence of the LA and that will only make you even angrier / despiaring.

Play hard ball with the LA alone and tell them to stop hiding behing their stupid panel - agree to assess and stop wasting time and money.

Best wishes

Thanks Wet. Will set about writing to LA/PP tomorrow with the excellent advice i have received on this thread.

Would a complaint to the Board of Governors help at this stage?

Obviously my best option is for ds to go to another school, but i need a statement, otherwise he remains 4th of the waiting list of different school.

Would a complaint to the Board of Governors help at this stage?

A waste of time and dilution of your efforts - espcially if you just need the Statement to go elsewhere.

In my county their written policy to schools states that the Head / Governors must not handle any complaints about SENs and must refer them directly to the LA.

Thanks again. Im just drafting my email to LA/PP, no point in wasting any more time.

Received a response to my email, stating that LA have requested that PP reply to it and receipt of any further evidence to support a statutory assessment of ds?s needs will be put back to panel for them to consider.

What does mean exactly?

They still require further evidence or my emails to school and their response, is further evidence?

Should i ask what further evidence they require to put it back before panel?

LA's are like politicians, they never actually say exactly what they mean! [confused}

Would also echo the cousnel to stick the appeal in asap to SENDIST. Your LEA are really messing you about and dragging this whole long and sorry process out.

Thanks Electra, my tribunal is already lodged. Yes i totally agree, i have been trying to treat it as a business arrangement and distance myself emotionally.

Yes you are right again, i have batted the ball into their court and i should now just sit back and wait. (thats the hard bit, as obviously i want them to change their minds right this minute!)

Have you considered using Mediation Services, claw? I've never used it but I know a parent who did. They didn't actually manage to reach agreement before Tribunal, but it helped them clarify their position and the LA's arguments.

I might have heard the same education solicitor as electra - I've been advised that any mediation or meetings with LA are a waste of time and it's better to put your energy into tribunal. But you do have to appear willing to engage, as WetAugust says.

If the LA is insisting on some kind of negotiation before the hearing, it makes sense to do it with the help of impartial mediation services than just PP and the school.

ooo electra...I like that. As a former criminal lawyer, I always loved ambush defences (we were allowed those in the old days ) and this is kind of an ambush attack.

I will remember that one.

I, too, have used that tactic with a good result (ish - well, not really, but it made me feel better on the day to see them squirm!!! )

Try and keep one step ahead of them. Dont trust anyone. Keep everything in writing and dont agree to anything.

A bit cynical maybe, but it makes you that way.

Thanks everyone. I emailed LA and PP and told them i do not want LA observing a meeting as this would add to 'tension'.

Now i need to have a meeting with school, as i cant just leave ds in school without adequate help in place while i wait for the tribunal. But i do need someone there to back up what im saying, otherwise meeting just doesnt go anywhere and turns into a disagreement about whether ds actually has any needs, as oppose to what we can do to help him.

Now PP is going to attend meetings, will this just be the same as having the LA there?

Will she report back to LA?