mousytrap Report post Posted December 15, 2011 We had our hearing on 1 December and we still don't have the answer... They are chasing the judge again... This is a bit like going into extra time on a pregnancy... Mind you I heard what a pittance they are paid... Apparently a lump sum for each case of £500 for the judge and £250 each for the other two... It's a wonder they can find people to do it. mousy Quote Share this post Link to post Share on other sites
Grace Report post Posted December 15, 2011 Well I've done the extra time on the pregnancy thing, but at least the baby isn't going to pop out and disagree with you! Huge sympathy for having to wait - do you have any finger nails left? Seriously though, it's not funny when so much depends on the outcome; hope you get the decision you want/x Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 15, 2011 Finger nails gone and scalp not good... mousy Quote Share this post Link to post Share on other sites
Sally44 Report post Posted December 15, 2011 I know how awful the wait is. It took nearly 4 weeks to get ours. I was beginning to think I had dreamt the whole Tribunal thing. But hold on. After the Hearing the Panel often read through the Bundle completely again, and may even arrange to meet together with other Panel members to discuss certain issues again. It is better they take the time, than come to a quick decision. Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 19, 2011 Still waiting... Next chaser will apparently be the judge's boss. mousy Quote Share this post Link to post Share on other sites
Grace Report post Posted December 19, 2011 Have they given you any idea why there is a delay? Any human being should understand that at any time it is an awful wait, but it will completely ruin Xmas, if you are left with no news. Hope you hear before the 25th!x Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 20, 2011 They just keep saying they haven't received it from the judge yet. They have done their chaser emails on working day 7 and 10 and say the next one goes to higher up. Quote Share this post Link to post Share on other sites
Sally44 Report post Posted December 20, 2011 (edited) Two weeks is the average time, but complex cases do take longer. You will get the decision. You don't want to pressure them into making a decision before they are ready to do so. I know it is agony waiting. Our Tribunal was on 10th October and the Panel made their decision on 2nd November, and it took a couple of days for it to be posted to us. I don't know if there is something in particular the Panel are undecided about?? As your Appeal was on 1st December, the Decision should be in any day. But it could then be held up in the Christmas post. I bet you feel like driving down there and collecting it in person - which maybe an option if you are not too far away. Why not ask Sendist if you can collect it so you get it before Christmas? Edited December 20, 2011 by Sally44 Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 20, 2011 Well, no, I don't want to drive there as it would be a few hundred miles and I've got the SALT coming to assess son 2 tomorrow, then a grocery delivery coming Thursday and possibly delivering son 1 to his grandparents, so much of the week is spoken for... Also we're on file for result by email, which is a lot easier. Our legal rep is in regular contact with them re other children's results so may well lay her hands on it before we can. mousy Quote Share this post Link to post Share on other sites
Sally44 Report post Posted December 23, 2011 Have you heard anything yet? Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 23, 2011 No. They do tell me they're open Thursday and Friday next week though... Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 23, 2011 Now I've got it I don't want it... Part 4 dismissed... We can't tell him this before Christmas... Quote Share this post Link to post Share on other sites
mousytrap Report post Posted December 23, 2011 (edited) Our legal rep will be reading through it in depth tomorrow and report back to us after the weekend. We got quite a lot of what we wanted in parts 2 and 3 and we don't hold out much hope of them managing to supply all of it. For example we got them to agree on a maximum class size of 10 (we wanted 8). The LEA wanted 15 but were happy to go for 12. Their EP piped up and said he needed a max of 10 really so that was decided... My OH saw the head's face go a bit green. Our son's current class sizes are 10 and 12 according to the head but now 11 and 12 according to our son... BUT in year 6 they have bigger classes (2 of them) in preparation for many of them going back into mainstream, which is why they wanted max 15. I think this is going to involve extra cost for them and big headaches as they have no spare classrooms and would have to do major juggling. Surely if they don't provide what they were forced to agree to, JR is an option - but maybe not the best one if the placement was all wrong to start with. Looks like we're far from sorted and we'll now be trying to juggle both children's SEN situations at the same time... mousy PS We did tell him. I don't think the reality has set in yet. Reality will be when we have to get him back into the taxi. Edited December 23, 2011 by mousytrap Quote Share this post Link to post Share on other sites
Sally44 Report post Posted December 24, 2011 (edited) I really am so sorry to hear this. Didn't anyone challenge the fact that his current school do not have class sizes that small, or even room to make a separate classroom? If your son does refuse to go, then get clinical psychology and CAHMS involved. Ask them about the level of "force" you should use to "encourage him" to go into school and ask them to put that advice in writing to you. That is what I did and was basically the main piece of paper that kept the EWO away. Towards the end I was using quite alot of force, and they told me to stop. I said that if I stopped he would not be in school - which is exactly what happened. And I know he was out of school for 11 months, but that proved our case, and the Decision letter also said that my son would not return to his former school, and that the phased return was not working. At the moment you are applying alot of encouragment, pressure and even threats of punishment to get him to go into a placement that is not working and is not suitable for him. If you stop doing that, then the LA/school have to get more involved. You may need to get more information about what the school/LA can provide so that you can counter argue anything they promise to do. Was there any discussion about the ASD side of things, and how his current placement is not even ASD specific and does not have anyone with an additional ASD qualification on the teaching staff. Yes you can still use Judicial Review. And I would use it if they don't comply, and still go to another Tribunal when you feel you have gathered enough evidence for whatever the weak areas of your case were. You can also call an emergency review if it deteriorates quickly. But you need at least 6+ months of evidence of the placement not working/breaking down, provision not being provided and time for you to get more specific evidence about what the LA/school can provide. Did you carry out a Data Protection Act search? If you go to Tribunal again I would suggest you do one because if you get even one piece of evidence that the LA knew they could not meet his needs in his current placement, then it will be worth it. At our Tribunal the LA said they would do a number of things and it was only because I had done alot of background information searching that I could actually challenge them on that. And I did that because I knew what they would do/say from the first Tribunal we had. I knew they would lie, because they lied before. They did not openly admit that they had no-one with an ASD or Dyslexia or sensory integration therapy qualification eventhough they were promising to provide it. So I had to bring up on each point that the LA did not have that provision available and would have to buy it in. Try and set it all aside and enjoy Christmas. Talk to your legal representative about what you are going to do in the New Year because it sounds like your son is near to refusing to attend anyway. If the placement really isn't working, unfortunately at some point it will probably break down, and unfortunately that is usually the stage you end at before you get the placement you want. Edited December 24, 2011 by Sally44 Quote Share this post Link to post Share on other sites
