onlycrazygal Report post Posted July 30, 2006 i applied for legal aid about 7 weeks ago as im taking Local Authority to Judicial Review......anyway within a fortnight it had been refused and my solicitor appealed it straight away. Hes sent them four quite pleading letters explaining that my case is a very strong one and is of a most urgent nature. Now ive recieved another letter that my sol has sent to the appeal board stating that if they dont reply soon or refuse my appeal i am highly likely to be prosecuted for alleged violation of Section 444 of the education act 1996. i wasnt aware this was possible, if this go s ahead i could very well lose my son, despite a clear diagnosis which explains his abscences from school.....this is madness. any thoughts on this would be well appreciated....thanks, hugs, paula x Quote Share this post Link to post Share on other sites
baddad Report post Posted July 30, 2006 Hi Paula - I'm no way qualified to offer any advice on this and wouldn't even think about doing so, but I would say your solicitor seems to be 'on the case'. so speak to him/her first thing in the morning and find out what the implications of that 'threat' are and the liklihood of it being acted upon (and by acted upon, I mean a prosecution of any description, not the taking of your child). My guess is the solicitor is pushing this angle to hurry through legal aid, but - in either event - it seems remiss that his/her letter to you doesn't 'flesh out' the implications for you Very best in the morning BD Quote Share this post Link to post Share on other sites
phasmid Report post Posted July 30, 2006 This link provides further links to explanations of the various parts of the education act you mention. Without knowing the reasons why they are taking this action it is difficult to know where else to point you. As you are already taking legal advice I'd stick with them and get them to guide you over this. Rather than you could your son not apply for legal aid? Quote Share this post Link to post Share on other sites
marshmallow Report post Posted July 30, 2006 Sorry that I can't offer you any advice on this, but good luck <'> Quote Share this post Link to post Share on other sites
onlycrazygal Report post Posted July 30, 2006 cheers guys, the reason it seems they seek prosecution is that their LA doctor said there was nothing wrong with my son and sparked a core assessment on the grounds of msbp......but as some of you know i sought an independant consultant who assessed him and i also managed to aquire my own video evidence, based upon his findings i have a diagnosis, which would therefore imply the local authority are at fault here as they still refuse to assess my son as do the ss.....however they refuse to take the independant doctors view on board and insist that their doctors word is final.....which makes me look guilty of keeping my child off school and fabricating his difficulties....... thanks for the link phasmid, and a big thanks to everyone else, feel like im balancing on a knife edge at present, hugs all, paula <'> Quote Share this post Link to post Share on other sites
jb1964 Report post Posted July 31, 2006 Hi Paula, Can't offer any advice as I know absolutely nothing about this kind of thing - but just wanted to say good luck - hope you get some answers soon. Take care, Jb Quote Share this post Link to post Share on other sites
lisann Report post Posted July 31, 2006 Hi Paula Hope you get it sorted hun thinking of you and sending loads of support and hugs. Lisa x Quote Share this post Link to post Share on other sites
PinkSapphireAngel Report post Posted July 31, 2006 I am so sorry you are going through all this the system in yhis country needs a total rebuild. I was just wondering whether you had tried taking your lea to SENDIST for the refusal to assess? Quote Share this post Link to post Share on other sites
