URGENT - NEED ALL YOUR HELP REGARDING SENDIST

[Stardust]

I have just received this urgent email from SOS!SEN, the charity that has been helping me.

 

If you are able to send an email off tonight, it would help so much.

 

 

Dear Parents

 

 

I AM SENDING THE FOLLOWING LETTER TO EVERYONE BUT HOPE THAT YOU CAN TAKE EVEN MORE URGENT ACTION AND GET THIS LETTER OFF IMMEDIATELY, CONTACTING FRIENDS TO DO THE SAME.IT'S A DISGRACE THAT SO FEW MPs HAVE SIGNED DESPITE THE LETTERS AND PROMISES.

 

 

The Early Day Motion "prayed" in the House of Commons last Thursday still has not the requisite number of MPs signatures - 12 only when 20 are needed. I do not know all the names but they include David Cameron, Vince Cable, Michael Gove, Tim Loughton, Nick Gibb, Maria Miller, Patrick McLoughlin, John Burcow + 3 others.

 

 

It is unthinkable that, despite parental efforts and indications of support, there are not enough signatures and we can only suppose this is because of the workings of the House and the fact that MPs have a lot to think about. Also understand that the regs. will be debated in the House of Lords tomorrow and so everything is URGENT, URGENT!

 

 

PLEASE for our children can you simply send the following email to your MP saying simply

 

 

"Dear....

 

 

For the sake of all children with Special Educational needs will you please add urgently your signature to the following Early Day Motion:-

 

 

Early Day Motion EDM 2273

TRIBUNALS AND INQUIRIES ( S.I. 2008, NO 2699)

 

 

This has already been signed by 12 MPs including David Cameron and Vince Cable but at least 20 signatures are required to ensure that proper debate takes place.

 

 

With sincere thanks"

 

 

Send simply ( we are advised) to your MP using the following email address.

 

 

surnameinitial@parliament.uk e.g. SmithJ@parliament.uk

 

 

So strike a blow for democracy and PLEASE SEND.

 

 

 

 

SOS!SEN

 

 

[madme]

Is there any news about this? I had heard that it was being considered yesterday- what was the outcome?

[madme]

Just checked it seems that the House of Lords approved it so the new system is in place from November 3.

[madme]

Have just tried to read the new rules and regulations which I found on a website. It seems (please correct me if I am wrong) that the time for appeal in SEN cases has been maintained at two months. While there is a power to order a joint report it is not mandatory. I would be very surprised if they would routinely order such joint reports. I will keep reading. If anyone comes across any useful websites please can they PM me. Thanks

[Stardust]

All is apparently not lost as, if enough MPs sign the EDM it may result in the regs. starting and then being stopped! That would serve them right.

 

I think the Lords approved the new set up but not the Statutory Instruments.

 

In the words of Winston Churchill - "Keep buggering on"!And we shall!

 

 

You are right in that manditory reports are not being called for. What the Tribunal is asking is that they have the most up to date information on a child and if you cannot afford independent reports, the only reports are going to be those that the LEA commission for themselves.

 

As I get more information I will let you know. My information is coming from a SEN solicitor.

[Cat]

 

It is my understanding that the EDM re the new rules has been signed by David Cameron, and John Bercow along with other Conservative MPs. OK so they all sit at the otherside of the house but David Cameron and John Bercow are both top of the tree on their side of the house so that would suggest that the concerns being raised about these new rules could be justified.

 

No smoke without fire and all that

 

Cat

[Kathryn]

The new tribunal rules and practice directions have been drafted and redrafted over the past few months, and various aspects of the practice directions (which say how the legal rules should be interpreted and applied) are probably still being hammered out. Now they actually don't look as bad as they did at first, and there are new additions which could make the whole process easier for parents. I was present at a meeting recently with one of the top bods of the new HESC and he was quite reassuring on a number of issues.

 

These are the main changes:

 

• The two month deadline for submitting appeals remains: i.e. no change.
• No pre-registration period for appeals- the appeal is either registered or not BUT an extension of time can be requested if parent needs more time to submit information.
• No parallel case statement period - the LA responds to the parent's case within 30 days of receiving notification of the appeal. They must also send a copy of their response to Sendist and parents within this time - and must state clearly the grounds for their opposition. This might be better for parents - LA's will be forced to nail their colours to the mast much sooner and if they don't have a good case for opposing the appeal, they may well fold much sooner.
• Case management hearings, orally, by phone, or automatically on paper, will identify the key issues and the evidence needed. If the Tribunal need evidence from the LA they will have the power to order its release, and they will also have the power to order they LA to conduct assessments if necessary and to order independent professionals to enter LA schools to do assessments. This could help parents. They will know much sooner what the grounds for the LA opposition is, and they will more easily be able to get hold of evidence which the LA is sitting on.
• Parents can opt to give evidence under oath - (this may put LA's who routinely lie on the back foot - would they be prepared to do the same? )
• Expert witnesses - the number and nature of witnesses required would be decided at case management hearing. There is no longer any automatic restriction to two, but it's unlikely that the tribunal will allow an unlimited number. The tribunal has no power to order the appointment of "joint experts" but can suggest it.
• The tribunal has the power to order costs if one of the parties has acted unreasonably. In practice this is more likely to affect LA's and may make them think twice about opposing a strong case!

 

The new rules should result in as much as possible being sorted out before the hearing, thereby cutting down on the stress of the hearing, and possibly avoiding the hearing altogether - the active case management system may make LA's think twice about opposing an appeal if they are doing so just to delay the inevitable.

 

So I'm quite hopeful that the new system will be better - allowing for a settling down period as everyone gets used to the new process - I gather some cases are being dry run through the new system at the moment.

 

Will let you know more when I know more.

 

K x

Edited October 24, 2008 by Kathryn

[Cat]

 

AT LAST someone has written it down so that it makes sense to me. I think that that both parties parents and LA should have to give evidence under oath. I bet you could sell quite a few tickets if that were to happen

 

Thanks Kathryn it looks much clearer now. Can I cross post your round up onto a couple of other groups please?

 

Cat

 

 

[Flora]

Thank you Kathryn

 

Actually, set out like that, it looks like an improvement on the present system! I wonder if in reality that will prove to be the case? Time will tell.

 

I'm particularly liking that final point, regarding costs. The LA's are forcing parents into a position to try to come up with large sums of money to pay for something that they should never have to pay for if the SEN system was working properly. At the moment, those who can find the funds are much more likely to be succesful at a complicated tribunal than those who can't. Maybe this new system will force the LA decision making out into the open and make it less common for parents to be forced into a situation where they have to pay money to put together a case for a tribunal hearing that they shouldn't have to be fighting in the first place!

 

Grrrrrrr.

 

Flora

[Kathryn]

Exactly, Flora.

 

Can I cross post your round up onto a couple of other groups please?

 

Fine by me, you might find this summary from SENDIST useful as well, if you haven't already seen it.

 

K x