Proposed Changes to SENDIST

[Cat]

Are people here aware that there is currently a consultation going on regarding SENDIST and proposed changes to their rules and regulations? If the proposed changes go ahead it could be bad news for parents giving Local Authorities the balance of power at tribunals. The changes to SENDIST would mean that LAs would be able to have unlimited witnesses to support their case while parents could only call on one or two people to support their case. Changes could also see a tribunal lasting for 2 to 3 weeks as opposed to 1 or 2 days. One of the biggest issues would be that our children could be summonsed to appear ? how scary is that? One of the Campaign Team fighting against these changes has sent me a draft letter and asked me to pass the letter and the information on to all parents who have children with SEN, asking them to send a copy of the letter to their MP and also to SENDIST. You can find out who your MP is by typing ?They work for you? into a search engine and you can find the address for SENDIST on their home page. Please feel free to pass this on to other parents and other groups. SENsible Education a group to be found on Facebook are taking this seriously and are asking all of their members to respond.

 

Cat

 

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 family and friends and send to your MP and copy into SENDIST - we need to stop these measures - consultation finishes on the 11th July 2008.

 

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

[madme]

Cat I had no idea that they were proposing such radical changes. Could you PM me details of the "campaign team"? I had a look on Ipsea 's website and couldn't find anuything which is strange as they usually take up such issues.

Edited June 24, 2008 by madme

[Cat]

I agree I was shocked when I got the mail - the first place I checked was IPSEA and I have asked my hubby to check out Network 81. If you send me your e-mail I will happily send you everything that I got through - which after reading I have to say does look as if these are the changes they would like to make.

 

Cat

[Cat]

I have been digging around and my understanding now is that the whole tribunal system is being changed and that SEN is being proposed to be included in the new system. SEN will be placed in the first tier system and I am assuming (but have just e-mailed those campaigning to clarfiy) that if this happens and SEN tribunal will then fall under the powers that a first teir tribunal will hold - hence the changes that could happen.

 

Cat

[Kathryn]

Cat I had no idea that they were proposing such radical changes. Could you PM me details of the "campaign team"? I had a look on Ipsea 's website and couldn't find anuything which is strange as they usually take up such issues.

 

IPSEA is fully up to speed on the proposed changes and has been for some time - don't worry. They are involved in the consultations and I'm sure will post something on the website as soom as details are finalised - no point in doing so yet as the proposals are still at the draft stage. But be assured they will be fighting as always for the rights of parents and children and if there is any unfairness in the new system, it will be swiftly spotted.

 

Some aspects of the changes may benefit parents: there's a move to make the whole process less adversarial with more emphasis on negotiation from an early stage. One disadvantage is that there would be no case statement period which will mean parents have to submit all their evidence at once. It's been proposed that independent witnesses, approved by both the LA and parents, give evidence. The changes are to take effect from 3rd November . I'll let you know as and when I hear more.

 

K x

[pookie170]

Argh-will this affect those of us in Scotland too, do you know?

 

Esther x

[Cat]

There is a big meeting being held tomorrow in London which I know Network 81 are attending. The consultation is live now Kathryn and anyone can respond not just orginisations. Sometimes you have to fight the proposals before they make become real changes.

 

Cat

[Kathryn]

I know Cat - and obviously the more people who can make their views known, the better.

 

I was just responding to madme's point about Ipsea and just wanted to assure her and others that they are involved too.

 

K x

[BusyLizzie100]

Ooo heck, I'll be watching this one cos we're just about to apply for stat assessment for DS1 and bound to be turned down. We could be among the first to appeal under the new system!!!!

 

 

Lizzie

[Kathryn]

If you get your appeal in before the cut off point I gather the old rules will still apply.

 

K x

[freedom]

OMG i just make it into the old rules as our hearing is the 21st of OCTOBER omg pee'd my pants reading that

 

what a load of rubbish what are they trying to do our lifes are hard enough as it is why do this to the only rights we got

[BusyLizzie100]

If you get your appeal in before the cut off point I gather the old rules will still apply.

 

K x

 

Oh. Doubt we'll make the cut off - haven't even got the application in yet.

 

Will that be a good thing or a bad thing??!

[Kathryn]

Well anything that takes the stress and hostility out of the process has to be a good thing, and some of the proposals may do that. But Cat has highlighted some of the potential problems and like anything new, the system is bound to have teething problems at first.

 

K x

[smiley]

Recieved this today...................

 

Some parents will be aware that the regulations relating to The Tribunal Service are being "rationalised" in order to have a more consistent policy right across the range of tribunals. Discussions concerning the new regs. have been kept strictly between the Govt. and the legal profession but several lawyers have highlighted their concerns as the proposed changes are far from parent helpful.In fact they are definitely unfair to parents. and, if put into action, will make parental appeals to the Tribunal far more complex and pro LAs

 

If you wish to access the new draft rules up for "discussion" you should try the following

 

The draft rules are at http://www.tribunals.gov.uk/Documents/Draf...ules_290508.pdf with the rules for the new upper tier tribunal (for appeals) at http://www.tribunals.gov.uk/Documents/Draf...es_02_06_08.pdf

 

and also for the the transition rules - http://opsi.gov.uk/si/si2008/draft/plain/u...780110817828_en.

 

Basically what happens now (unless persuaded otherwise) is that SENDIST is abolished from 3rd November and everything becomes subject to the new rules, including appeals which have already been begun. Although there is provision for the tribunal to give directions disapplying this in relation to individual cases, they are not going to be able to do that in practical terms for appeals listed for hearing during the week of 3rd November. Theoretically at least we could all turn up for cases listed that week with 10 witnesses if the rules stay as they are!

If any one thinks that there will be real consultation going on they may like to know that, according to the staff of SENDIST, in London their jobs end in October and the Darlington office closes shortly after end April 2009 There is talk of a kind of "call centre" in Loughborough!The new system is scheduled to come into effect in November!!If allowed to happen it will make appeals to SENDIST much more difficult for parents.

 

"Consultation" must be in by 11 July but for the new regs. to become law they must have Parliamentary approval and so be tabled in the House.. Unless, however, we warn our MPs it is very likely that the new regs. will end up in Parliament and, if left unchallenged, will go the way of most delegated legislation and become law without debate.

 

For this reason we are attaching a letter for all parents and carers to read and use as a sample letter to their MPs. It also explains to you the main concerns.

 

PLEASE MAKE SURE YOU WRITE TO YOUR MP AS SOON AS POSSIBLE. THIS IS URGENT! URGENT! URGENT! We hope the attached letter will help. The more who write the better the chances of satisfactory amendments.

 

 

Gulp..........................................

[Cat]

You beat me to it Smiley I just found the same mail in my in - box. Looks like parents really do need to get writing to their MPs.

 

You can find out who your MP is here http://www.theyworkforyou.com/ 'They Work for You'

 

Cat

[madme]

I think there ought to be some sort of protest by parents about this. I agree CAt we need to raise our voices now before the changes are made. We are awaiting our proposed amended statement so we will be off to Tribunal for the fourth time! CaT I have only just seen yor post and will Pm my details. Anyone up for a rally in London?

[Flora]

I'm hoping IPSEA will post something.

 

I have read through the information provided on this, and have to confess I don't understand it at all! I don't mean that flippantly, I mean I can't see what sort of impact it will have on the whole tribunal process. Presumably parents/carers will still have the right to appeal against LA's? And the way I understand it the appeal procedure seems to be left intact save for a few changes in how the evidence is presented? Am I right so far? What I'm struggling to understand is what sort of impact those changes will have on future appeal outcomes. It appears (and I may be wrong) that both sides will still be able to bring their own witnesses, the difference being that rather than being restricted to two, you could bring as many as you wanted? Also, the timings of written evidence don't seem to be affected by the changes.

 

The part that could be difficult is the fact that a child can be made to come. However, I would imagine that special arrangements would be made for the child. My son came to our tribunal and they were brilliant with him. It did our case the world of good because it meant that everyone there was fully of aware of the person the hearing was about. In fact if anything it added weight to the case becaues the panel were able to see for themselves what a state he was in, whereas the LEA were trying to say he was fine! It blew most of their so called evidence of out the water before the hearing even got underway. He was in and out of the building within an hour. I'm certain they won't allow for the child to be put through anything unecessarily gruelling.

 

anway I'm rambling! I look forward to getting to read something that is written that I can understand, because it's all a bit garbled.

 

Flora

[hazma]

I have recieved a letter today from our mp saying he will look into this and be in touch shortly

[kinky j]

Cat and Smiley,

 

I hope you don't mind but I've posted about this on a couple of other non-related forums that i go on i the hopes of raiseing more awareness. i cut and pasted some of the info you'd written (nothing that leads back to here or to either of you) because you're both much better at wording things than i am, i hope this is ok?

 

I'm quite impressed about how many people are taking it on board and doing something about it. I also got this response:

 

" AM on to it now, thanks for bringing this up,

Do you know if the DDA will be of any help at all - The Disability Discrimination Act? Maybe under the provision of services bit.

 

If you haven't already done so may I suggest that you contact the British Council of Disabled People who will be prepared to help you with campaigning and give better advice on the legal side of things

 

http://www.bcodp.org.uk/

 

Though it may speed things up if you also contact your local branch directly. I used to do volunteer work for the Cov and Warks branch and they were very good and very comitted to what they do.

 

Good luck."

 

and thought i'd pass the info on as i'm not sure how to put it to good use!

 

I've emailed my MP and will let you know when he responds, he takes a while but is usually pretty good.

 

KJ

[Kathryn]

IPSEA's official response to the draft changes to the Tribunal rules is now on their website:

 

 

here

 

You can also download their full submission via the link on that page

 

K x

[smiley]

Thanks K - still makes for horrible reading......

 

KJ - no probs with me, the more that know, the better

[Kathryn]

The proposed changes were discussed on BBC radio 4 Law in Action today. It's about 5 minutes into the programme and the item is about 10 minutes long.

 

Also see this BBC news item on the same subject.

 

K x

Edited July 29, 2008 by Kathryn

[JsMum]

So can i understand this a bit more to clarify, at the moment I have had 6 weeks to collect evidence and my son has partied to assessments by private proffessionals, and any evience now and until the 10th september can be shown to the panel, but in the new system, I wont have six weeks to collect evidence and have a good case statement, and I wont be able to access private proffessionals, i will only have LEA proffessionals to put forward evidence to proove my sons SENs.

 

Is this how I understand it?

 

 

JsMum

[Kathryn]

Hi J's mum,

 

It's proposed that the the time limit before putting in an appeal will be one month instead of two as it is now. There won't be any six week evidence gathering period and the case statement will be scrapped altogether. Which leaves less time for frazzled parents to get their act together, and so is grossly unfair. Parents would have to submit all their evidence at the beginning of the process, as far as I understand it.

 

Instead of both sides relying on their own expert witnesses, it's suggested that an impartial professional witness would be agreed by both the LEA and parents. The problem is that the balance of power would rest with the LEA who have greater resources than parents and more power to commission an expert. Hardly impartial and very unfair to parents who struggle to pay for independent reports.

 

Thats why the proposals need fighting.

 

In case you're worrying, none of this will affect your own case which will proceed under the current rules.

 

K x

Edited July 29, 2008 by Kathryn