APPENDICES TO STATEMENTS - HELP PLEASE

[madsadie]

Hi all

 

Few months ago we lost our tribunal. I appealed and was refused permission to appeal so i am now trying to appeal again.(upper tribunal)

One of my queries in my initial appeal was that the SALT report and Psychiatrists report were not included in the appendices. I submitted that in writing in July 10.

 

On the day of the hearing we got so involved in talking about part 2, 3 and 4 that i did not have time to raise this issue . In fact we were not given time to finish our case anyway.

 

When i appealed to first tier concerning this and other issues, the judge said that he was satisfied that the appendices were correct and as i did not raise the issue at the hearing it does not matter.Doesn't the fact that i raised it in my written submission matter? Can anyone tell me what is the legislation regarding appendices - i've trawled the COP but can't find any.

 

Also, the NHS o/t report came very late ( not that it was much good) and was accepted as evidence on the day. Advice from it are in the statement, but the report is not in the appendices. Should it be?

 

Thank you

[Grace]

Hi,

 

I don't know the law about this, but it is something I have queried myself. Basically, if there is a direct quote in the statement from a report, then that report should be included as an appendix - this however, could be 'best practice' rather than law. This is what happened in my case, but I was also told by an advocate that you can not appeal Part 1, which is where the appendices are written down.

 

I don't know about your case, but there are various options for appealing again; my understanding is that you can only appeal a decision to the upper tribunal on a legal point? What were you actually appealing? If you are due an Annual Review i.e. it is coming up to 12 months since the last one, you can ask for the amendments you are after at that and then appeal when/if they don't make them.

 

Best Wishes

 

Grace/x

[madsadie]

Hello Grace

 

thank you for your reply.I am appealing to the upper tribunal because , I beleive there to have been an error in law - i just have to try and prove it.. they will probably say i am wrong, but i have to try.

 

I have now found the bit about appendices in the Code of practice - section 7.87 states that 'the advice received as part of the assessment should be attached' section 8.30 says that 'all the advice obtained and taken into consideration during the assessment process must be attached as appendices'.

 

is this not law? ( it's not the main reason i'm appealing)

 

As our statement (amended) was only issued in april we will have to wait a long time for review. If I do not get permission to appeal, will just have to wait.

 

what a headache this all is.

 

thanks for reading

[Kathryn]

"must" = a legal duty to do it, so yes.

 

Presumably you're getting legal assistance with your appeal?

 

K x

[madsadie]

Hi Kathryn

 

thanks for your reply. should i really have to point this out to a judge? shouldn't they know the law? i suppose i could ask the LA if they mind attaching the correct appendices?

 

no, i am not getting legal help. have been advised that i may only have a very slim chance of success, but i have to try.

 

another long night ahead...

[Grace]

Hi madsadie,

 

I have had a look at the COP that you quoted. It comes under sections dealing with statutory assessment and presumably statutory re-assessment.

 

I am not sure that it also covers amendment of a statement, when there has not been a statutory re-assessment?

 

I really am not sure, but if you read through the whole section, it does imply that this is what should happen as part of the statutory assessment process, rather than just making an amendment.

 

Statements can be amended at any time, although there should be a good reason for it. It can include just adding/deleting one sentence. This may be done as a result of a report produced by a professional e.g. SALT,ED Psych. However, as part of a re-assessment the LA must seek parental, educational, medical, psychological and social services advice. And it is this advice that must be attached to the statement.

 

Have you had a statutory re-assessment? You would have had a letter stating that they intend to do a re-assessment under section 323(1) or 329A(3) of the Education Act 1996?

 

Kathryn might have a better idea.

 

Best Wishes

 

Grace/x

[Grace]

Oh and by the way, if your statement has only been amended and you have not had a re-assessment, the annual review is due approx one year from the last annual review.

 

So, even if you have just had an amended statement produced, if the last annual review was say last July, you will be due another one this July/x

[madsadie]

Hi Grace

Thanks for your reply.

 

ths stastement was issued May 2010, so if we had accepted it he would have been due a review May 2011. Because of all the trouble re tribunal etc the amended statement was issued in april 2011.

 

I assumed that because the amended statement has only just been issued, that we have to wait a year, but now i am wondering - the EP assessed him in Oct 09, SALT March 10, and O/T (such that it was) between Nov/Jan this year. The O/T and SALT are supposed to have been into the new school to visit, but they have not as yet. Gt ormond St assessed him in August 10 ( at my request).

 

I suppose that due to him only just starting at the new school it would be sensible to wait at least 6 months??

 

Madsadie

[Grace]

Hi,

 

I am not sure what it is you are appealing for, so it is difficult to say whether it is wise to wait for the AR or not. It is just an option for getting in another appeal, as you can ask for amendments at the Annual Review and if they refuse, you then have the right of appeal.

 

I know people who have not had AR's at the proper time and have had them very late, either because a tribunal is approaching and the LA don't want to look bad for not having one, or because the LA did not have one and the Tribunal have reminded them of their duty to have it.

 

Best Wishes

 

Grace/x

[Sally44]

That's a big gap [2 years!] for everyone to assess!!

 

We don't know what you are appealing about, or what the chances of winning are. And if you win what the outcome would be [increased provision? different placement?]

 

If he has just moved school [last 6 months], it could work in your favour for him to spend at least a year there to compare his progress. If he is approaching transfer year, or not coping in his placement, then it would be different.

 

Could your "point of law" be used to help you be more successful in a future appeal? Have IPSEA [or similar] commented on the point of law and your prospects of winning? Sometimes it is better to choose your battles. The LA might try to portray you as a tenacious terrior snapping at their ankles for the last xx years. It doesn't look good to keep appealing and appealing unless you have the documented evidence of deterioration etc.

 

Again, hard to give an opinion without the facts. And I know how hard it can be to just sit back and wait for it all to fall apart.