Tribunal forms

[emmasmum]

Hi there,

 

I've completed the attendance form with the name of my representative (from Network 81) - not sure if she can go yet, but wanted to make sure it was in, as it said it might be difficult to add later.

 

LA emailed to ask if she is a solicitor. I ignored them and they've asked again. Do I have to tell them?

 

I suppose there's no reason why I shouldn't but maybe I just want to see them sweat abit. If we were required, would it not be part of the form to say what their role is or in what capacity they are attending?

 

When I don't respond to emails they keep saying that they are concerned it might result in an adjournment, obviously I don't want that as time is of the essence.

 

Does anyone know?

 

Thanks

 

Carol

[zenemu]

Hi there,

 

I've completed the attendance form with the name of my representative (from Network 81) - not sure if she can go yet, but wanted to make sure it was in, as it said it might be difficult to add later.

 

LA emailed to ask if she is a solicitor. I ignored them and they've asked again. Do I have to tell them?

 

I suppose there's no reason why I shouldn't but maybe I just want to see them sweat abit. If we were required, would it not be part of the form to say what their role is or in what capacity they are attending?

 

When I don't respond to emails they keep saying that they are concerned it might result in an adjournment, obviously I don't want that as time is of the essence.

 

Does anyone know?

 

Thanks

 

Carol

 

Hi Carol,

 

My Partner works for the Tribuneral service. In all honesty the panel members really won’t care one way or another – it will be local or district officer who is nagging you for details on your rep – it is entirely up to you on what you wish to disclose. It is that officers job to try and ensure that the panel members have as many accurate facts about your case as possible beforehand.

 

The Panel members are basically paid professional volunteers. They will receive paperwork about your case approximately two weeks beforehand, they will read it through and follow procedure to the letter – based on legislation, they really won’t mind or care if your rep is a friend, neighbour or paid solicitor. Without wishing to create or cause any offence, yours will just be another case like the five or six others they will deal with that day.

[Kathryn]

Zen - I don't think your information is accurate with regard to SEN tribunals - your partner may well have experience of a different type of tribunal. SEN tribunals last for at least a morning or afternoon so it's highly unlikely the panel would hear more than two in a day - if that. They all have experience of SEN issues - the chair is legally qualified and they will all read and understand the paperwork thoroughly before the case and although they have to follow rigorous legal procedures, will usually ensure that the child as an individual is at the centre of the proceedings.

 

Emmasmum - Best to check with SEND whether you have to answer this question - and when. My understanding is: yes you do at some point. The attendance form does say that it is only fair to both sides to know if the other side is going to be legally represented.

 

You could try holding out by being vague about the qualifications of your rep, saying she's on holiday, you'll get back to them etc. etc... which may work for a while, but bear in mind the LA can at any point ask the Tribunal for a direction to force you to disclose the information. And then the LA may use that against you to show how "unreasonable" you are.

 

K x

Edited May 25, 2011 by Kathryn

[emmasmum]

Thanks - it was the local authority not anyone from SENDIST who wanted to know.

 

To be honest, I was being unreasonable it's just that the man is such a bully - I don't want to co-operate with him at all.

 

But I have, and have told him that she is a representative from a charity - that's if she comes along - I haven't been able to get hold of her for a few days.

 

I put in my evidence on the final date which included a further statement from me - I don't know if this will be accepted or not? If it isn't I will take it and use some of the wording for my final statement.

 

We went to visit an independent school with sixth form today and it was lovely and Emma was quite impressed, which was very unexpected. She said that the staff treat the pupils with respect and that they do things according to individual needs rather than one size fits all. I was very impressed that she went in with an open mind and told her so. However, I've told her to put it out of her mind now as I'd hate her to be really disappointed if we don't win the tribunal. I really didn't want to take her until we at least knew we had a statement, but the local authority said the Tribunal will adjourn if she hasn't seen it and/or doesn't want to go there.

 

Carol

[Sally44]

Have you clarified with Sendist or Network81 whether you need to have a letter offering your daughter a place at this school?

You are going to Tribunal because the LA refused to issue a Statement. So if you win what will the Panel rule, that the LA has to draw up a Statement? Would you then need to wait for the LA to produce a Statement and need to appeal again if it does not contain what she needs? Or will the Panel decide if she needs a Statement adn then draw up and word a Statement and placement on the evidence you are providing for this Appeal?

Sorry, this situation is not something I know about.