SENDIST telephone case management

[bensmum2]

Hi i wrote to sendist to get our appeal date brought forward as the lea wont agree, they have allowed a telephone case management next week, has anyone any experience of this? i really don't kknow what to expect, should i speak for myself or do i need a professional? HELP!!!!

[bensmum2]

please please can anyone help i dotn want to mess this up x

[NickyB]

please please can anyone help i dotn want to mess this up x

 

Hi bensmum

 

I got to the same stage myself a few months ago, but the LA backed down the day before the telephone case management hearing. I posted on this forum about it and I had a reply from Kathryn which might be of some help :

 

'Hi Nicky,

 

The case management system is still quite new and they don't do telephone hearings for all appeals anyway, so not many people will have first hand experience of this, I expect.

 

Remember you don't have to prove your entire case over the phone: if you've been told that the call is just to discuss bringing the hearing forward, focus on that issue. To prepare yourself I think it would help if you have clear in your mind all the reasons why you believe an earlier hearing is essential: and any important evidence which supports that (especially recent evidence about the exclusions, and other difficulties at school, for example). Might help to have your reasons for appeal in front of you as well, just to remind yourself of the overall issues.

 

From what you say, the LEA seem to be making slightly more encouraging noises. Don't want to raise false hopes here, but if they know they don't have a strong case, they might back down before the 24th rather than go through the double hassle of a phone hearing and preparing their response. I do hope so. praying.gif

 

K x'

 

Hope that helps <'>

 

[bensmum2]

Thanks nicky , i realise they don't do these all the time and that's prob why i haven't had many replies, , i don't think there is any chance of the lEA backing down ,but i believe that the tribunal wouldn't have offered the phone call if they didn't think i had a good case, and the lEA have refused to bring it forward twice already so they are going to look bad here, even though the lady who is in charge at the lea apologised to em "off the record" for what we had gone through, she is still the one fighting to put my son back into a mainstream school when it is very clear he cant' cope!! My reaosn to bring it forward it clear cut he is going into year 10 has been home chooled for year 9 and is getting no transition help at all even though it is in his statement, if our appeal isnt brought forward he will miss some of year 10 as well, and it is even possible that by the time he goes back to school , his statement will already be due for review!! The longer the lEA delay this, the more money they save as Ben is currently not ocsting them anything !!Thanks for your help x

[madme]

CALL IPSEA ASAP

[Kathryn]

Well Nicky saved me doing a long reply!

 

Remember this isn't a hearing in itself and the phone conference will be just to discuss the partiular issue of the hearing date and whether it should be brought forward. You've articulated your reasons clearly here, just be sure you have them in front of you on the day. You won't be expected to elaborate on every aspect of your case.

 

K x

[bensmum2]

Hi Ladies i have spoken to ipsea and to nas and to an advisor who is an advocate from nbcs, ive got all my notes typed out , one sheet for each of the questions they have asked, im still dreading it but will inform you all of the outcome tomorow, thanks for the advice x

[Kathryn]

Good luck - let us know what happens.

 

<'>

 

K x

[bensmum2]

 

Hi All, well the lea were severely criticised for not making the effort to get "this child" back into school more quickly and were asked to say their reasons for not being able to bring the appeal forward, the lea woman ma de avariety of excuses all of which the judge said were not good enough and if she made a ruling they HAD to change their plans!! and she felt she could do that even without speaking to em as i had a very good case for bringing it forward.HOWEVER, then she did speak to me and asked when i could have my reports in, my appointments are in the next 2 weeks and then they will need time to write up reports before they can be submitted then the lea have to have time to consider their response.the earliest date they could do was last week in july and one of lea's witnesses is on holiday. we were both allowed 2 hours to telephone round and try to get things sorted quicker and reconvened on the phone after that. i couldnt get things done any faster so it had to be september , the lea said the first date they could do was 14th september , due to other ciommitments, and some of the witnesses teaching, The jusge insisted that none of these were good enough excuses and it needed to be asap , so she ruled that we go on 6th september , 5 weeks earlier than the original date, not the best outcoem but better than 15th october!!! and it is my interests to get private reports . One good thing is they had to say their witnesses and although she asked if i had witnesses, she said please dont say who they are yet, so i just said yes i have some (well i have people in mind anyway lol)but i know they are only calling the visual impairment team, the named school and the education psychologist whose report was quite good, now i know who i am up against i can call my own equivalent people as my witnesses. it was really nice to hear the lady from the lea put on the spot and criticised though , she even asked for extra time for the lea's evidence and she was turned down!!! so a success in many ways really. xx

[Kathryn]

Glad it was fair and helpful, even if not quite the result you wanted. Well done for getting through it. Although it's quite a daunting thing to do, I think it's an advantage to be able to sort issues out on the spot via phone instead of the usual pussyfooting that goes on with letters being ignored etc.

 

K x