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lisa

Tribunal

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Does anyone know what happens if you are appealing to SENDIST, then the LEA agree to re-write the statement but it's not entirely what we want?

 

I haven't got the new proposed statement yet but I already know I'm not happy with it. After SEN mediation, school had a meeting with the LEA and they've agreed to an additional 3 hours support (we asked for 10!) and the majority of the other changes we asked for.

 

As far as we're concerned we still want to go ahead with the tribunal.

 

In the SENDIST information sheet it says if the LEA agree to make amendments and we're not happy with the amendments offered, the LA should send SENDIST written details of the proposed amendments. A tribunal panel will then decide at a preliminary hearing, without either party present, whether the appeal can be decided on the basis of your notice of appeal and the other documents you have sent or that there should be a full hearing without the LA.

 

I'm confused. Has anyone been through this before? What happens now?

 

Lisa

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Hi Lisa

 

If you have already appealed against Final Statement x, then it is quite in order to continue negotiating with the Local Authority right up to Tribunal day. The Panel like to see as much agreed before it gets to them, but you would still continue with the Tribunal if you are still not happy. If they agree to everything, you can withdraw your appeal (I have heard of LEA's withdrawing the day before the hearing!).

 

IPSEA will give you good advice, but you need to establish whether your statement has finalised. You can not appeal against an amended proposed statement.

 

Best wishes

 

Helen

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Hi Lisa,

 

Just to clarify, I was issued with a statement dated xxx and I asked for it to be finalised, and in the meantime they issued a further proposed statement, but I appealed against the statement dated xxx and the further proposed statement became a working document for Tribunal.

 

Hope this helps

 

Helen

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We've lodged the appeal against the finalised statement but now the LEA have written a new proposed statement after we went to mediation. So it's the same situation as yours Helen. I phoned SENDIST and they clarified the position for me. Thanks.

 

Lisa

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