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Helen

The Ombudsman

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I've done some digging and also spoken to someone who has been to tribunal. It would appear that the LEA can only appeal over a point of law - nothing else!! Also SENDIST should have set a time limit in their findings, they can (apparently) still do this now, you need to press them over this. The LEA MUST abide by the findings of the tribunal within 28 days. Your solicitor can(perhaps should) threaten to take them to the high court over this. They are playing stupid games with you now and your solicitor should NOT be letting them do this - thats what they're being paid for after all!

 

You need to start making lots of noises over this. I cannot find a link to the dept responsible for SEN (someone on here must/will have one). I'd phone the general number off their website and ask them who to speak to about this. Make WAVES, BIG ONES!!! The LEA are on very dodgy ground unless they are appealing the findings on a point of law.

 

Just read your last post.

 

He has told me that what amouns to typing errors are all in Parts 2 and 3 of the statement and as they have no queries regarding Part 4 where the school is named they have no right to ask us to wait for the whole statement before doing anything.

 

If this is all they are arguing about then they have (i'm told) 28 days from the tribunal findings to implement them. Thay have NO OTHER grounds to hold this up. Kick their backsides. Your soilictior should know this.

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These come under Irregularities. According to the legislation attached to the SENDIST website. these are amended by certificate of the Chair of the Appeals Panel.

 

(3) Clerical mistakes in any document recording the decision of the tribunal or a direction or decision of the President produced by or on behalf of the tribunal or errors arising in such documents from accidental slips or omissions may at any time be corrected by the chairman or the President (as the case may be) by certificate under his hand.

 

http://www.opsi.gov.uk/si/si2001/20010600.htm#49

 

It has no effect on timescales.

 

 

Didn't SENDIST put timescales in their ruling? Many times they do.

 

What if the LEA doesn't carry out the Tribunal's decision

 

The tribunal's decision is binding and there will be a deadline for carrying it out. If the LEA (in SEN appeals) or the responsible body (in disability claims) does not do this within the time limit, you can write to the Secretary of State for Education and Skills at the Department for Education and Skills, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT.

 

http://www.sendist.gov.uk/basic.cfm?aid=69...E79D9&section=1

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Thanks Jaded...I must have dug in the wrong places! Bothered, don't write to them in the first instance, e-mail them and then phone them. Press them to get it sorted.

 

Bothered, have you thought about contacting the Disabilty Rights Commision as well?

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Thanks one and all, yes the solicitor does know this and is pointing and threatening them today.

 

We are of the opinion that they are so p*****d off that they are trying to salvage some thing by pointing out they found errors that had been overlooked.

 

We are not making waves just now as we have found the LEA solicitor completely stupid to say the least and though we have looked carefully and are not concerned any points of law have been overlooked we dont want to give the LEA any ideas.

 

My plan is to wait and gather as much knowledge as I can until the 28 days have passed.

 

If no action has happened til then then I will blast forth !!!!

 

we have until the 19th to play it gently which is necessary, we dont want to help the LEA after all.

 

Once the 28 days is passed then they have to abide by every decision made and have no right to appeal.

 

The tribunal said the school placement should be made immediately. One of the reasons for their finding in our favour was that he had been off school for so long and needed immediate placement.

 

I have been told by Sendist and all that its 2 weeks and on the websit one of you suggested it says the same.

 

Anyone else says as this has been dealt with by solicitor and is in the hands of the lea solicitor they cannot get involved. Same happened when the MP tried to help.

 

The LEA have told the solicitor that the case officer will contact the school. But they have not ! surprise !

 

Thanks for the support,

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It does sound like you have little option but to sit and wait for the deadline to pass then. Once it does then I hope you hit them with everything you have. I guess it is 16 days and counting...

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I rang the tribunal people to see about the possibility of asking for a date to be inserted forschool start but it was pretty fuitless, decisions already made etc.

 

Phoned DFES and they put me through to someone who put me through to someone and an hour later I am no further forward.

 

Basically the rules simply state how long the LEA have to change statements, but there does not seem to be any obligation on our situation.

 

The LEA has to produce a new statement within 5 weeks for me to sign and then when I have they will issue it. Until the statement is in force it does not have to do a thing it seems.

 

However if he was at school and the only change was the school then he would have to move to that school as soon as the statement was changed, i.e., two weeks.

 

I now have another number to phone but am getting dizzy from going round in circles. Perhaps if I just bang my head against the wall several times it will stop the dizziness and I will pass out.

 

Perhaps the school has some news but sadly they are not there til tomorrow. Well there is always tomorrow, who knows, perhaps, perhaps, perhaps !!!

 

Ipsea are busy but I might try them tomorrow.

 

 

 

xx thanks

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Thank you

 

phoned the school and they have a letter of intent from the LEA but it seems they are trying to delay the start until the completed new statement is issued in five weeks. We all know why, it will save them half a terms fees, which are considerable.

 

However solicitors have written to dispute that this is not necessary and actually unlawful as no provision is in place in the mean while.

 

So perhaps they are just trying it on to save some money this half term. They are however getting a clear message via the school and the solicitor this is not on.

 

So we wait and see. The school are telling me tomorrow what date they will insert in the contract to the LEA which will be some help.

 

My son is now bouncing off the walls with a mixture of excitement and anxiety.

 

Any tips on how to reintegrate would be gladly received from others personal experiences. Whether to make a few visits or just go in straight off. Its a residential school so will be a massive change to the last ten months. For both of us. I am afraid that if he does visits something may happen to put him off and scupper things but am also worried that dropping him off to start full time is so daunting to me.

 

I know it is what is best for him this school but it will be a massive adjustment which I am looking forward to and dreading.

 

Any tips would be welcome. Of course I will do the usual preparation stuff our kids need but any comments would be welcome.

 

Thank you again

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My son goes to a residential special school for AS.

 

He had an overnight visit before he started...has your son done anything similar?

 

I know that at my son's school they try very hard to understand our children's fears, sometimes even organising a staff visit to the child's home, etc...

 

Good luck >:D<<'> It's a big step, but I kept telling myself that I was giving my son his future back. He has loved his school and done really well :)

 

Bid :)

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Any tips on how to reintegrate would be gladly received from others personal experiences. Whether to make a few visits or just go in straight off. Its a residential school so will be a massive change to the last ten months. For both of us. I am afraid that if he does visits something may happen to put him off and scupper things but am also worried that dropping him off to start full time is so daunting to me.

 

I suggest you ask the new school. I would imagine they have faced this scenario on previous occasions. Between your knowledge of your son and their experience of this in the past you should be able to come up with a workable plan of action between you.

 

I would have thought that once they have given the LEA a contract date (which could be the day of signing it i.e. tomorrow perhaps) then the LEA have no further reason to delay things. I hope this gets resolved soon for you and your son. It all seems to be sooo close right now, but just out of reach. That is so unfair.

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I know two journalists who would be 'very' interested in your story should you ever decide to go that route then just pm me and I will pass on their details to you.

 

Carole

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Good morning everyone !

 

My son kept shouting out in his sleep last night (something he does when anxious or excited) they were happy noises though and this morning he is so overjoyed and happy it is making me feel better about him going !

 

I only told him the school had received the letter so it should be soon ! He had been getting very low and depressed the last few days so its a quick turn around.

 

I have found though that this time out of school with the pressure off has helped him in alot of ways. Alot of life skills stuff and he is beginning to express his feelings or at least voice them. Even if it is "I feel really odd, like something is wrong, like I might die, like something is missing but I dont know what. " !!!! At least its a start, something he never did before as he was such an enormous bundle of hightened everything !

 

Of course what he is describing is boredom, dissapointment, not knowing what is happening etc. It is interesting how they describe themselves so literally.

 

On the school visit front. I visited the school in May. My son and his eldest brother visited in July for a day. First half looking round with us and the second half we left and he spent the afternoon with his peer group, on the house, going to a lesson (DT his favourite) having something to eat. The deputy head visited us at home in July also and saw him in every mood possible ! I guess we have done the preparation, I m just nervous !

 

Thanks again

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Well done, Bov,

 

Just goes to show that doggedness pays, no matter how many obstacles are put in your way.

 

Hope your son will be happy.

 

Natasha

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Hi again,

 

Just thought I would let you know as you had been kind enough to help me through the last week that the LEA got a rather strong letter from the Tribunal chair woman informing them they had to implement decision immediately and I got one via the solicitor from her apologising for the delay caused.

 

So now they have acted promptly after having their wrists slapped !! again !! Been in touch with the school who have phoned me and we now have a date. 25th January start, doing a visit this week for him to choose his room go over stuff etc.

 

I think I feel excited one minute and very sad the next !! Cant quite believe that the years of struggling to get help have come to something.

 

Suddenly its hard to believe we all have a brighter future.

 

I would still like to highlight this when we are sorted out. Especially after hearing a load of rot on the radio today from Ruth Kelly who may well be trying to improve things but does not seem to have much idea of what the problems are.

 

Thanks again.

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Hi Bothered,

 

Brilliant news! :thumbs::thumbs: You have acheived sooo much. :notworthy:

 

Having been through a similar experience I can relate to how you feel. It's a surreal feeling. I was prepared for a difficult time when I finally won the battle, I knew my emotions would probably be all over the place and I was right. I liken it to post traumatic stress syndrome. Then there is the doubts about whether you have done the right thing. I'm sure you have done the right thing, you have done a brilliant job, you should be proud of your achievements.

 

You will continue the fight, we all feel the need to fight for the necessary changes. Good luck with the transition to the new school. Keep us posted.

 

Nellie xx

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Fantastic news Bothered!

 

I'm really pleased for you both. What a great start to the New Year for you both. Good luck for the visit and even better luck for the 25th.

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Bothered

 

I do wonder why they are called the Local Education Authority sometimes!

 

Local? Not on your nelly, most live outside the area paying council tax to another borough or council

 

Education? If they cannot understand the tribunal findings, then they cannot have had an education!!

 

Authority? This is what they specialise in! They are worlds greatest authority on making your life and ruining your child life.

 

LEA stands for Local Egregious A***holes!!!

 

In my opinion, and you know what they say about opinions, they are like bottoms, not always polite to give them an airing in public.

 

Anyway, shoulders down like a front row forward and ruck and maul like Jason Leonard and Brian Moore and John Willie Mcbride and Mick Galwey rolled into one and beat them.

Edited by mr.ediebee

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... you know what they say about opinions, they are like bottoms, not always polite to give them an airing in public.

 

Love it! :lol::lol::lol:

 

Baddad - you've got competition here! :D

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OK - I've got a question - we may be looking at the ombudsman route - the catch is my husband works for the Local Council...

 

 

Could our making a complaint be seen as an employee undermining his employer?

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