SENDIST Tribunal

[Tez]

I received A's case papers for his tribunal this morning and I know I'm naive but I'm so upset. The LEA in their case statement have told the biggest load of lies that I have ever heard. I don't know how I'm going to prove it, but I just feel so let down, I feel sick and I'm shaking and close to tears.

 

The LEA maintain that they are providing A with 11 hours per week of home tuition. They are on paper providing 3 hours of home tuition and 3 hours of elearning. The deadline for submitting evidence has passed so I can't submit the paperwork that I've got that shows that the LEA are twisting the information (although, I am going to ask if I can submit it late in view of the LEA's statement) so am just going to have to rely on hoping the panel believe me. They are claiming that the school is providing A with full back-up but in reality they are providing nothing. The LEA claim they provide work and mark it. Reality they told me to buy text books and teach him myself. No work has ever been marked.

 

The LEA have stated that they are going to get A's views via his home tutor and submit them late. She's already twisted things said to her to suit her own purpose and I think trying to ascertain them would upset A anyway so can I refuse to allow this to happen and submit A's views myself?

 

What I find so difficult is that these people are so nice and agree with me to my face and then stab me in the back. I'm going to phone IPSEA for advice but I'm going to tribunal on my own without support and I really think I'm going to messs it all up. "Every child matters, working in partnership with parents." What a load of rubbish. Every LEA budget matters, blow the child.

 

Any advice from seasoned hands on how I approach this?

[PinkSapphireAngel]

Hun you are NOT going to mess it up.

You re doing the best thing for your child and that matters more than any budget so that means you will be able to fight harder than any little jobsworth at the LEA,

 

right, DEFINATELY submit anything you have to disprove their lies as late evidence before the tribunal and at the tribunal IF they question it you can say that it is to prove basic but vital facts the LEA have got wrong!

 

I went to SENDIST representing myself (dh was there but did not really do anything as such)

you CAN do it and I have been told that at times the panel likes this approach, mine certainly did as they could see it was all coming from the heart.

 

Speak to IPSEA they can look through your paperwork/case statement and give you pointers, they are great.

 

Best of luck, when is your hearing and is it for assessment or refusal to statement?

[Tez]

Hi PSH

 

Thanks for your reply. The tribunal is over the LEA's refusal to quantify and specify provision and is in September. I think in reality their case statement strays a little from the point and in some ways may be counter productive to their case when I think about it logically. I am asking for a minimum guaranteed number of teaching hours of 10 per week. They are claiming to be giving 11 (which is complete and utter lies), which they say can be increased if necessary but they want to retain flexibility in case A can't cope. So if they are giving 11 what's their problem with guaranteeing 10? Then there are issues over the subjects that A is taught - again a load of lies being told, but they say there is no problem with A accessing additional subjects when his health allows. It allows now so what is their problem with putting it in the statement?

 

They have argued,

 

"In arguing that provision is appropriate X LEA recognises that a statement should normally be quantified but argues that in A's case there needs to be flexibility in order to meet his changing needs as professionals together with the parents build on the successful components of the various provision through regular monitoring and review.

 

X LEA believe that in making flexible provision it is complying with the recommendations of LAdy Justice Hale in the Court of Appeal judgment in the case of the Queen (on the application of IPSEA Ltd) and the Secretary of State for Education and skills that"...any flexibility built into the statement must be there to meets the needs of the child and not the needs of the system."

 

We agree on this but they are using it against us and the flexibility that they have built in is to meet the needs of the system and not the needs of the child.

 

Throughout there case statement it is quite clear that they are trying to force A back into school or a medical based PRU but they claim to accept that this is not possible at present but should be the ultimate aim. A is not ill. It's his SID that prevents him attending a mainstream school and how exactly do they intend to cure him of that?

Edited June 27, 2006 by Tez

[minerva]

The LEA in their case statement have told the biggest load of lies that I have ever heard.

 

 

Thats what they do.....i would love to tell you otherwise but i cant!

 

In our tribunal the LEA (or one of their witnesses) told the panel that I must emotionally abuse my son, that the only reason we are asking for a laptop is because I want one for myself (cos i obviously cant get online enough as it is LOL), they told them that the school they were offering had single rooms avaliable for Cameron yet when we were shown around they had one single room and it was occupied, the other rooms had 4 beds each this was just the beginning to be honest!

 

The only way to beat it is to stay calm and ignore every word they say. If you have to reat make sure its by laughing at them or something....try really hard not to give in to their attempts to knock you off balance!

 

That really is the only reason they do it. If you are seen to react negatively in a tribunal then you are more likely to lose overall & they know it.

 

Any advice from seasoned hands on how I approach this?

 

 

drink a stiff vodka before you go in there!!

[PinkSapphireAngel]

Spot on about the way they want you to react badly infront of panel.

At my hearing it was the LEA officer who reacted badly infront of them and it really did make her look as bad and unprofessional as she is and she got well and trully caught out with her lies about me too.

 

I did laugh when they annoyed me as I was not giving her any satisfaction and I could see how much that annoyed her lol

[Tez]

Can I ask how the tribunal is run. Do you have to present your case like giving a speech and making all the points or do they guide you along by asking questions?

[PinkSapphireAngel]

At the start of the hearing the chair runs through what they feel are the key points, then each is adressed seperately with the panel asking you and LEA questions.

After these are discussed you can raise other issues as can LEA.

At the end you both make "closing arguments2 (I was not warned about this before mine but managed what if I say so myself was a pretty good one using my list of main points I made before we went the LEAs closing was pathetic)

 

You get a break in the middle of the hearing but can ask for other breaks if you need them.

[Tez]

Thanks PSH and Minerva,

 

I've got over the shock of the lies and really do feel much calmer. I think their endless lies might actually work in my favour since for the most part they are arguing that they are supplying in excess of my requirements and have no problem in supplying what I want, they just want to retain the flexibility to meet A's needs by not putting it in writing. I think that I can argue that since we are in agreement it's actually counterproductive not to put it a minimum agreed base line in writing because the provision that the LEA is so happy to provide is not happening because of their refusal to put responsibilities in writing means that nobody is taking responsibility for implementing it and there is no accountability or even awareness that it should be happening. The LEA's admirable regard for my son's welfare and desire not to overload him can be taken care of with a paragraph stating that if at any time the Medical or parental advice is that A can't cope with it, then provision can be reduced.

[Suze]

<'> big big hugs tez......this tribunal business sounds horrible..........stay strong.

[jen]

you can normally send in late evidence up to 5 weeks before the hearing providing you send the LEA there copies and their solicitor. You also need to send in 3 to SENDIST.

 

 

Jen

[phasmid]

Don't forget to address any points you disagree with in the LEA's paperwork and cite the (deliberate?) late arrival of your copy of this submission for the late arrival of your own. Make it very clear that you expected a more professional aproach from the LEA when it comes to getting paperwork in on time, you know the sort of thing "If they cannot get this right....etc, etc" Lay it on thick about how typical this attitude is from them etc. Don't rush your response, take your time and lay the blame right at the LEA's door!

[Tez]

Thanks Phasmid

 

I've taken advice and since the LEA are stating that they need flexibility in order to meet A's needs, a point that the panel could agree with, I've been advised to go right back to base and prove that the LEA are unreliable and do not have A's best interests to heart. So just as you are advising I''ve been told to submit additional evidence that the school unnecessarily delayed the statutory assessment processs, that they failed to stop the bullying despite letters from A's doctors stating that he was at risk, that once signed off school sick the LEA failed to provide home tuition within 15 working days and in fact only supplied it after 6 months when ordered to by the DfES after an official complaint, that they failed to meet the deadlines of the statutory assessment process without just cause, that they failed to put provision in place on finalisation of the statement and delayed a further two months and that even now what the LEA believe to be happening and what is happening are two different things. I think that the combined effect of all these things and your advice should hopefully show that the flexibility the LEA require will be in the interests of the system and not the child.

[jb1964]

Hi Tez,

 

Only read your posting - can't offer any advice as I've not been there - but just to wish you good luck and stay strong.

 

Take care,

Jb