Sendist Tribunal - Question on Outcome

[kazjam]

I wonder if any of you know the answer to this

 

I represented myself at a sendist tribunal earlier this week.....my son was suspended and then in effect expelled due to behaviour arising from his aspergers.

 

The judge said at the outset that I had to get through several hurdles to be successful and that I could fall at any one of these.

 

He then gave a list of the hurdles ...if you like. They were numbered

 

eg.

1. did my son have a disability

2. did the school know about it

3. were reasonable adjustments put in place

 

etc. etc......there were 6 things in total.

 

 

I actually ended up there all day and got to no. 6.

 

What I want to know is if I had fallen at no. 1 or 2 would the judge have ended the tribunal there and then....as there would be no point in carrying on if those points were not proved . Or would he have carried on , as he did, even if I had not adequately answered parts 1 and 2 etc.

 

Does any one have experience in this.

 

The reason I am asking is I have to wait 10 days now for the decision. I am wondering if other people may have got the decision on the day if they had fallen at any of the hurdles?

 

Thanks.......10 days is a very long time just now....and the preparation time very stressful plus the actual tribunal very intense.

 

Thanks

[Kathryn]

Sorry Kazjam I don't know the answer. I've edited your title to attract the attention of anyone who has been to SEND with a DDA appeal and can share their personal experience.

 

The SEND notes say that the tribunal will first consider whether a child has a disability before going on to consider whether there has been discrimination. It seems logical that each of the points has to be proved in turn, but I don't know whether that means an appeal would be terminated if one of the points was not proved. Why not contact the EHRC? Perhaps this is something even SEND could answer as it relates to general procedure rather than the specifics of your case.

 

It's rare to get a decision on the day even for very clear cut cases. Well done for getting through it and I hope you get the decision soon.

 

K x

[kazjam]

Thanks.....it has been very traumatic especially as the school employed a barrister to defend themselves.

 

A big weight is off my mind but I still can't settle or sleep properly until I have the decision.

 

When it is completely over I will give as much help as I can on the forum to anyone who is going through the process.....from my own experiences.