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Carrera74

Tribunal deadlines - think I have messed up :(

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Hello, I'm back. In tears as I think I have messed up :(

 

The local authority pulled out of tribunal with a month to go back in December and I received the final statement in January. A month later I received a letter to say that they were ceasing his statement. I contacted IPSEA and they were as amused at this as I was as all his needs are the same, there isn't one reason that the code of practice lists that matches him. I have been contacting the authority regularly to ask what the reasons are for the statement ceasing and haven't had anything back except about a month later they finally stated that they wanted to give me the right to appeal?!

 

Anyhow, tonight I have collated everything and was putting the finishing touches to my pack before sending it off when I have reread the letter they delivered and it says I had two months from the statement date to appeal not the date I received the letter. I have looked in the code of practice and it does say you have two months from the statement to appeal but I assumed, wrongly I fear, that I would have two months from the date of the letter as I wasn't appealing against the statement - that was perfect as they made all the amendments before I pulled out of Tribunal.

 

Does anybody know when the two months appeal period should be from - the correct statement or the letter I received?

 

I am going to ring SEND tomorrow to ask their advice as I think I can submit a late appeal and it will go to a judge to decide if it can go further.

 

I am in absolute bits. I know I have left it last minute to get it back but I just assumed I had two months to get it done. I wanted to see how he got on trying to go to college before stating my case and for extra evidence :( The last month has been so stressful. It's hard enough day to day without the extra stress the authority put on us making us try him at college. It's damn cruel on all of us that's for sure.

 

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I would contact IPSEA/SEND about this, but my understanding is that the right of appeal is from the date of any letter from the LA either saying they are, or are not going to amend the Statement - or I suppose a letter saying that they are going to cease the Statement.

 

As you say the Statement was fine. So it isn't the date of the Statement. It is the date the LA decided to make any change to that Statement. And I don't even know if they can try to make a change to a Statement without holding a formal Review process. And as the Statement was finalised in January that should stand.

 

Don't panic. Get some advice.

 

All you have to do to lodge an appeal to SEND is to say that you want to lodge an appeal about part 2 or 3 or 4 or all of them. You don't need to go into any more detail at that stage. You then are sent dates by SEND within which you must have met certain deadlines. One of those deadlines will be the deadline for submissions. You don't need to submit it all at the beginning of the appeal.

 

If you find that the LA has acted illegally, you might also be able to complain to the Local Governments Ombudsman about the fact that they did not follow the proper procedures.

Edited by Sally44

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something similar happened to someone I knew so she lodged the appeal even though she was worried she had missed the deadline - the file was place before the judge who allowed the appeal to continue - a letter was also sent to the LA by the tribunal service stating that the tribunal were concerned that the LA had tried to prevent the parent from their right to appeal by their behaviour so I wouldn't panic yet but I would lodge the appeal, explain what happened etc - im sure it will be fine - you have to remember although this seems so personal to us, the tribunal service come across this all of the time and are well aware of what goes on with the LA

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If the LA decide to cease to maintain the statement then they need to send you a letter telling you. That letter must also state that you have a right of appeal and set out the timescales within which you have to appeal. Those timescales will relate to the date of that letter. If the LA have not correctly informed you of those rights then you will be able to appeal later.

 

Even if you have missed the deadline stated on the letter you should still get something in writing to SENDIST immediately - you don't need to get it perfect or complete to lodge the appeal (in fact it is a bad idea to do so) all you need is to state that you are appealing the decision to cease to maintain the statement. If you are late then include a short covering letter explaining that you misunderstood the deadline. The tribunal has the power to allow an appeal that is submitted late.

 

Most important of all - don't panic

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Mmmm don't panic. Think I did just that, and some!

 

Thank you everyone for your comments. This forum helps so much.

 

I managed to get through to SEND yesterday. I explained that the letter I received said I had two months to appeal from the date of the statement and she said it wasn't right. I had two months from the date of that letter. Seems the LA have sent out an incorrect letter! Not like them to get anything wrong eh :rolleyes:

 

I am so much more calm today. Appeal paperwork is done. I just need to send it off on Monday. I have kept it to a minimum - I had planned to send the whole case at once but will keep it back and tweak it and send it off in good time when I get the directions.

 

Thanks again everyone. What would I do without you all! :)

Edited by Carrera74

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Send in all your evidence just before the deadline for submissions. That makes it harder for the LA. they have less time to read your evidence and make counter claims or get other evidence as the deadline for submissions has closed. The more time you give the LA the more time you give them to fight against your case.

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Thanks Sally. I put everything in my initial pack last time and they pulled out but I think they were stumped that their EdPsych made our case stronger and looking back I had mentioned that they had changed his type of school from special to mainstream without him seeing anyone! Should have kept that one quiet!!

 

I'm trying to do the bare minimum but it's difficult as I waffle on. I also want to put enough information in to make sure they accept it.

 

The only reason they have given me for ceasing his statement so quickly after sending me the final statement is to give me time to appeal! It's like they think they are doing me a favour. Would you put in the initial application that you have asked for reasons and they've ignored you? I guess this could give them time to think of some reasons why he doesn't need one!

 

I should ask out loud more often. I seem to think better! :)

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I don't think it really matters what goes in the initial application - all you really need to say that you are appealing. Eventually the appeal is decided by what is in front of the tribunal on the date of the hearing, so there is no benefit of putting in providing evidence earlier than the deadline - in fact the opposite because you give the LA time to counter your points. That said you have to provide enough information so the LA can identify the main points otherwise they will be able to delay, or submit late evidence.

 

In general I don't think there is much need to point out the failings of the LA unless it impacts your ability to prepare the case

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I agree with Bed32. You just need to appeal at this stage within the timescale. All you need to say is that you are appealing against the LA decision to cease the Statement.

 

Then you have your deadline within which to submit your evidence. And that is best submitted just inside of the deadline date. The reason for that is that it gives the SEND Panel time to read it all. But it gives very little time for the LA to see what your evidence is and counter it in any way.

 

You can put whatever you want as part of your evidence. But try to keep it short and relevent.

 

If the LA do not give you reasons why they intend to cease the Statement, you can complete a "Request for Changes Form", which you download from SEND. You can ask the judge to Order the LA to give their reasons for ceasing the Statement so that you know what the main issues of the appeal are. A Judge will then read your request, and make a decision. The Judge may order the LA to detail what the main issues are for ceasing the Statement. That then gives you the time to counter whatever the LA have said.

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