Strking out LEA case

[workingmum]

Has anyone been able to achieve this - this is due to undue delays and non compliance with SENDIST directions?

[Sally44]

I think it would be best to speak with IPSEA about that.

 

I thought that Sendist themselves would strike out an Appeal. But I don't know exactly what would cause that to happen. I know that when Sendist have put some issue before a Judge and they have made an Order or Direction that it does say that IF it is not complied with there is the possibility that the case could be struck out.

 

But I think it would be wise to speak to an organisation that deals with these types of things all the time, such as IPSEA. I don't know if it is something that happens automatically, or whether you would have to seek such a Direction. And with something like that you would want to get it right.

 

What I would suggest, if it isn't struck out, is that you have all these Directions and Orders with you on the day, and can refer to each and every one of them that the LA has not complied with. And it maybe that in some, or all of those instances you could seek a Direction from Sendist to compel the LA to comply. Or at least to bring to the Panel's attention that the LA have not complied.

 

And it maybe that in those instances where the LA have not complied, that the only advice, or information available is from the parental side, and in that case the Panel would have to go with that information.

Edited July 20, 2011 by Sally44