We won our Tribunal

[Athena]

Very pleased to be able to tell you all that we won our Tribunal appeal to SENDIST. Got everything that DD needs in mainstream!

 

I couldn't have done it without the help and advice that I have received on this site - so a big thank you to everyone!

 

Have now received the amended Statement from the LEA (with a very grudging and ungracious accompanying letter!) The Statement only lists the appendices from the Statutory Assessment, not our independent reports submitted to the Tribunal. Should it not also refer to our independent reports?

 

It now has weekly OT in Part 3 (hooray) but also still has it under Part 6 as a non-educational need.

 

Presumably, the fact that it is in Part 3 takes precedence and will mean that DD gets her weekly OT?

 

Thanks in advance - it never ends, even when you win!

[sunflower1]

Very pleased to be able to tell you all that we won our Tribunal appeal to SENDIST. Got everything that DD needs in mainstream!

 

I couldn't have done it without the help and advice that I have received on this site - so a big thank you to everyone!

 

Have now received the amended Statement from the LEA (with a very grudging and ungracious accompanying letter!) The Statement only lists the appendices from the Statutory Assessment, not our independent reports submitted to the Tribunal. Should it not also refer to our independent reports?

 

It now has weekly OT in Part 3 (hooray) but also still has it under Part 6 as a non-educational need.

 

Presumably, the fact that it is in Part 3 takes precedence and will mean that DD gets her weekly OT?

 

Thanks in advance - it never ends, even when you win!

 

As I understand it, you should amend the amended statement by moving the OT into part 3 and include everything that was agreed at the tribunal - use the decision statement as a guide along with the recommendations in your expert statements if these were accepted at the tribunal and confirmed in the final decision. When you have made the amendments as per the tribunal - send it back with a covering note explanining what you have done (and reference the evidence if necessary). If the expert reports were accepted then I think you should be able to include these in the appendices too. Check the Code of Practice on this but I am sure that is what you can do.

[sunflower1]

As I understand it, you should amend the amended statement by moving the OT into part 3 and include everything that was agreed at the tribunal - use the decision statement as a guide along with the recommendations in your expert statements if these were accepted at the tribunal and confirmed in the final decision. When you have made the amendments as per the tribunal - send it back with a covering note explanining what you have done (and reference the evidence if necessary). If the expert reports were accepted then I think you should be able to include these in the appendices too. Check the Code of Practice on this but I am sure that is what you can do.

 

 

This is what it says on the SENDIST site

 

4. What if the LA or Responsible Body doesn't carry out the Tribunal's decision?

 

The tribunal's decision is binding and there will be a deadline for carrying it out. If the LA (in SEN appeals) or the responsible body (in disability claims) does not do this within the time limit, you can write to the Secretary of State at the Department for Children, Schools and Families, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT.

 

If the LEA has failed to include important agreed specific provision or put information in the wrong place you need to point this out to them ASAP and politely but firmly tell them to put it right or you will be forced to tell the tribunal service to complaint that LEA has not carried out the tribunal's binding decision by writing the statement correctly.

 

After the LEA folded in our case (before the tribunal) they just sent me and my advocate a copy of the working document statement and pretty much let us write it ourseleves. They only questioned a couple of small things and accepted the rest. With the tribunal decision behind you, you have even more clout. Good luck

Edited September 1, 2010 by sunflower1

[Kathryn]

Hi Athena,

 

Firstly, well done, that's brilliant news and a great start to the year!

 

Don't worry that OT is also in part 6 - it makes no legal difference at all and doesn't affect the security of the provision, as long as it's in part 3, that's what matters. From the number of statements I've seen which list certain therapies (usually OT or physio)in both parts 3 and 6, it seems to be fairly common in some LA's. Not worth fussing about - save your energy, I would!

 

About the appendices, I don't think the COP is clear on what else should be included apart from the reports which formed part of the original assessment, but I would think that if the statement has been amended to take account of independent reports it would make sense to attach those too. Write to the LEA and ask for them to be included and see what happens.

 

K x

[Grace]

Well done!! Congratulations

 

Hope it all goes smoothly from now on/x

[Athena]

Thanks for the replies. I have contacted SENDIST, who are going to clarify the position and come back to me. It may seem nit-picking, but I have learnt that it is best not to give the LEA any room to "wriggle" out of provision!

 

I will let you know what SENDIST say.

[wasuup]

What did SENDIST say?