Jump to content
RemedySpot.com

Tribunal Advice Please

Rate this topic


Guest guest

Recommended Posts

Just spoke to solicitor, who expects us to have lost the tribunal last Friday due to biased antiparent Chair.Now she says we can ask for the decision to be put aside based on legal technicalities and apparently have a new tribunal with different panel, then ofcourse there is DDA due in March.My question if anyone can answer is how important is it to have all these legal people and experts on this never ending pursuit of justice?I'm beginning to feel this is a very lucrative business for all involved with absolutely no guarantees, and all really depends on who is the "Chair".Anyone out there ever successfully represented themselves without all this cost?TIAVicky

Vicky,

I'll cross post from another group a post that was posted several weeks ago by someone who advocated for himself, then became an expert and went into business helping others!

BEGIN >>>>>>Here's another uplifting story for you .My own son has semantic/pragmatic language difficulties and is on theAutistic spectrum, I've fought 4 Tribunal Appeals for him (all of which wewon) plus a Judicial Review (10,000 sheets of evidence!), where we createdcase precedent & helped hundreds of children. A long story but it's beenworth it. This year he achieved a National Diploma in Multi-media andenough points to enter University - next year. He's a talented artist witha specialism in animation. There's been heartbreaks on the way (singleparent) but we've persevered. We have to try as hard as we can and giveour children, whatever their difficulties, the chance to achieve theirpotential.It is amazing how things develop. My son's difficulties & achievementsbrought a complete change to my life - I now represent parents at Tribunal(350 so far), and have helped thousands of parents over the telephone.Remember, it is said that "every cloud has a silver lining".Go for it!!>>>>>>>>>>END

This man's name is (who knows, perhaps he's one of these *professionals* who takes your money but I don't get that impression. He is on the other list (and may be here, who knows) so if you want me to email him offlist for you to see if he might advise you over the phone (for free!!) then I will.

I hope this helps, sorry I don't have any particular advice but I do believe if you are shrewd enough, have the mental acuity and stamina to research and become fluent in these matters with lots of time to devote, then you could advocate for your child yourself.

All the best,

Darla

Link to comment
Share on other sites

Thanks Darla, I would be very grateful if you could contact him for me.

As for whether I could do it myself, well the only use my barrister was at the actual tribunal itself was picking up small points of law, that really had nothing much to do with what we were trying to prove, just things like other solicitor dropping things in without stating where in the case the relelvent papers were, but in truth our case was pretty tight and they had no real impact anyway, not important.

The problem I would guess for me would be putting the paperwork together, but then how different would it be to all the original stuff I have now?

We did not have a fair hearing so it would be a new panel looking at the same evidence, but at the tribunal I would represent myself, or is this not possible, if not why not? The only people who benefit from putting together an entirely new case are the solicitors.

I really do believe no one can advocate for my son like myself, I have no need for analogies of tanks reversing down roads [sigh].

Thanks

Vicky

Link to comment
Share on other sites

Probably better I don't actually name the solicitor lol, but it wasn't the person you mentioned.

I would be very pleased if you posted for me as I am not a member there, but would be interested in other peoples experiences.

I think it may well be harder to get a special school placement funded than get ABA on the basis I suppose that ABA is cheaper and probably not involving the childs entire school yrs.

Thanks

Vicky

xx

Link to comment
Share on other sites

Just spoke to solicitor, who expects us to have lost the tribunal last

Friday due to biased antiparent Chair.

Now she says we can ask for the decision to be put aside based on legal

technicalities and apparently have a new tribunal with different panel,

then ofcourse there is DDA due in March.

My question if anyone can answer is how important is it to have all

these legal people and experts on this never ending pursuit of justice?

I'm beginning to feel this is a very lucrative business for all

involved with absolutely no guarantees, and all really depends on who

is the " Chair " .

Anyone out there ever successfully represented themselves without all

this cost?

TIA

Vicky

Link to comment
Share on other sites

Who is your solicitor? the only person I have ever heard consistently

get results is Elaine Maxwell. That's not to say that no one else

does, they absolutely do. Do you trust your solicitor? If so persist

with teh same brief, saves time. Have you tried posting on ABA board

with this query as lots of parents there have had to go to tribunal.

Would you like me to post for you if you're not a regular member?

>

> Just spoke to solicitor, who expects us to have lost the tribunal

last

> Friday due to biased antiparent Chair.

> Now she says we can ask for the decision to be put aside based on

legal

> technicalities and apparently have a new tribunal with different

panel,

> then ofcourse there is DDA due in March.

> My question if anyone can answer is how important is it to have all

> these legal people and experts on this never ending pursuit of

justice?

> I'm beginning to feel this is a very lucrative business for all

> involved with absolutely no guarantees, and all really depends on

who

> is the " Chair " .

> Anyone out there ever successfully represented themselves without

all

> this cost?

> TIA

> Vicky

>

Link to comment
Share on other sites

Whichever is easiest Steph thanks very much.

Margaret I think I can handle the stress, my worry is that this time it would be based around not getting a fair trial first time and that no doubt needs proving as a point of law, which I know nothing about.

The point about witnesses is interesting though because we were told only 2 witnesses allowed at the actual tribunal itself but were told it was advisable to get witness reports which we did, again I have to question what then was the point of the extra expense of these reports if they are secondary to the people who are actually there, and as Sally said may not even be read. At one point the LEA said the OT reports were trifling and unimportant when infact they were pretty much the linchpin on why had made no progress, I had to argue fiercely that they be considered, unfortunately the OT was not available on the day of the tribunal and we had to have the Speech therapist instead.

I thought pretty much as you have said that these witnesses were crucial, but the little they said were as much in favour of 's current school and the LEA as it was about fighting 's case, I really believe we would have fared better without them, finding it difficult to get my head round why we spent a fortune to have someone there speak up for the LEA.

Vicky

xx

Link to comment
Share on other sites

this is very like our case. The barrister made legal points but the

educational case for putting my daughter in mainstream was in the

evidence which was never discussed. I assumed at the time that the

panel would have read it. After their judgement, I assumed that they

hadn't. You certainly can represent yourself. At a pre-case meeting I

ignored the barrister and attacked the lea myself and made mincemeat

out of them. I left the tribunal to him to lead and we lost.

xx Sally

MaddiganV@... wrote:

Thanks Darla, I would be very grateful if you could contact him

for me.

As for whether I could do it myself, well the only use my

barrister was at the actual tribunal itself was picking up small points

of law, that really had nothing much to do with what we were trying to

prove, just things like other solicitor dropping things in without

stating where in the case the relelvent papers were, but in truth our

case was pretty tight and they had no real impact anyway, not important.

The problem I would guess for me would be putting the paperwork

together, but then how different would it be to all the original stuff

I have now?

We did not have a fair hearing so it would be a new panel

looking at the same evidence, but at the tribunal I would represent

myself, or is this not possible, if not why not? The only people who

benefit from putting together an entirely new case are the solicitors.

I really do believe no one can advocate for my son like myself,

I have no need for analogies of tanks reversing down roads [sigh].

Thanks

Vicky

No virus found in this incoming message.

Checked by AVG Free Edition.

Version: 7.1.409 / Virus Database: 268.15.18/584 - Release Date: 12/12/2006

Link to comment
Share on other sites

Hey Vicky,

I've sent a message to him - unfortunately I had to send it through the ABA group (but off list) and given him your email address. I guess it can't hurt to speak to him to understand how he went about advocating for his own son.

Take care,

Darla

Thanks Darla, I would be very grateful if you could contact him for me.

As for whether I could do it myself, well the only use my barrister was at the actual tribunal itself was picking up small points of law, that really had nothing much to do with what we were trying to prove, just things like other solicitor dropping things in without stating where in the case the relelvent papers were, but in truth our case was pretty tight and they had no real impact anyway, not important.

The problem I would guess for me would be putting the paperwork together, but then how different would it be to all the original stuff I have now?

We did not have a fair hearing so it would be a new panel looking at the same evidence, but at the tribunal I would represent myself, or is this not possible, if not why not? The only people who benefit from putting together an entirely new case are the solicitors.

I really do believe no one can advocate for my son like myself, I have no need for analogies of tanks reversing down roads [sigh].

Thanks

Vicky

Link to comment
Share on other sites

Hey Vicky,

I've sent a message to him - unfortunately I had to send it through the ABA group (but off list) and given him your email address. I guess it can't hurt to speak to him to understand how he went about advocating for his own son.

Take care,

Darla

Thanks Darla, I would be very grateful if you could contact him for me.

As for whether I could do it myself, well the only use my barrister was at the actual tribunal itself was picking up small points of law, that really had nothing much to do with what we were trying to prove, just things like other solicitor dropping things in without stating where in the case the relelvent papers were, but in truth our case was pretty tight and they had no real impact anyway, not important.

The problem I would guess for me would be putting the paperwork together, but then how different would it be to all the original stuff I have now?

We did not have a fair hearing so it would be a new panel looking at the same evidence, but at the tribunal I would represent myself, or is this not possible, if not why not? The only people who benefit from putting together an entirely new case are the solicitors.

I really do believe no one can advocate for my son like myself, I have no need for analogies of tanks reversing down roads [sigh].

Thanks

Vicky

Link to comment
Share on other sites

Vicky,

You will still need to have expert witnesses and they will need

paying. I wouldn't not call them if they are needed. As for

representation: was this very expensive? I would find out how much

they would charge for a second day, because they will already have

done the preparation and a second day's fee might be less? I would

only represent myself if I was sure I could stand the strain, stay on

top of things completely (AND take notes!) and, most important of

all, keep total control of my emotions. Tribunals don't like angry

emotional outbursts.

Don't " spoil the ship for a ha'p'orth of tar " !

There are a couple of charities around that may be able to help with

a few hundred pounds if you're lucky.

Margaret

>

> Thanks Darla, I would be very grateful if you could contact him

for me.

> As for whether I could do it myself, well the only use my barrister

was at

> the actual tribunal itself was picking up small points of law, that

really had

> nothing much to do with what we were trying to prove, just things

like other

> solicitor dropping things in without stating where in the case the

relelvent

> papers were, but in truth our case was pretty tight and they had no

real

> impact anyway, not important.

> The problem I would guess for me would be putting the paperwork

together,

> but then how different would it be to all the original stuff I

have now?

> We did not have a fair hearing so it would be a new panel looking

at the

> same evidence, but at the tribunal I would represent myself, or is

this not

> possible, if not why not? The only people who benefit from putting

together an

> entirely new case are the solicitors.

> I really do believe no one can advocate for my son like myself, I

have no

> need for analogies of tanks reversing down roads [sigh].

> Thanks

> Vicky

>

Link to comment
Share on other sites

Vicky

SOS!SEN think Melinda Nettleton is very good indeed.

Margaret

>

> Probably better I don't actually name the solicitor lol, but it

wasn't the

> person you mentioned.

> I would be very pleased if you posted for me as I am not a member

there, but

> would be interested in other peoples experiences.

> I think it may well be harder to get a special school placement

funded than

> get ABA on the basis I suppose that ABA is cheaper and probably not

involving

> the childs entire school yrs.

> Thanks

> Vicky

> xx

>

Link to comment
Share on other sites

By the way, Vicky, we are using Anne Lawrence, a junior in Friel's

Chambers as our barrister, She is very good and thorough: I have

already seen her in action over 2 full days.

Margaret

Link to comment
Share on other sites

I've posted on ABA list which has a fair few parents who've got

exactly what they want following tribunal. Of course what they want

is 40 hours a week one to one ABA in a home setting, which is not

what you want. HOwever, it is about the LEA's responsibility to

match the needs of the education to those of the child, whatever

those needs are.

If I hear back I'll forward them your email address, or shall I post

your email address on that site?

Steph x

>

> Just spoke to solicitor, who expects us to have lost the tribunal

last

> Friday due to biased antiparent Chair.

> Now she says we can ask for the decision to be put aside based on

legal

> technicalities and apparently have a new tribunal with different

panel,

> then ofcourse there is DDA due in March.

> My question if anyone can answer is how important is it to have all

> these legal people and experts on this never ending pursuit of

justice?

> I'm beginning to feel this is a very lucrative business for all

> involved with absolutely no guarantees, and all really depends on

who

> is the " Chair " .

> Anyone out there ever successfully represented themselves without

all

> this cost?

> TIA

> Vicky

>

Link to comment
Share on other sites

Yes, this part about one's witnesses being professional means that they

have to be "independent" and you can't check out what they think. So

you pay and they take your money and say the opposite of what you want.

If you'd known you wouldn't have paid them or taken them on. The lea

has it's witnesses well under control -- it pays their salaries. The

most an inconvenient lea witness is likely to do to help the other side

is be incredibly vague -- which is what the lea ed psyche did for us.

So the lea didn't call her and ignored her report.

At our tribunal the chair was a lawyer (very even handed) and just said

"Yes we know" to all our barrister's (legal only) points. No one ever

suggested that they were thinking of sending her to special school and

asked for my opinion. The lawyer was a waste of money. I would have

done better by myself. But he did handle the paper work. I think it's a

lottery. They should just flip a coin. Cheaper. I wouldn't go to

appeal. I think you have to have a lawyer there. I read a case once

where the mother lost -- was put into this dreadful provision which

drove her son to despair, she rang the tribunal to berate them, they

told her to reapply as an emergency and overturned their own opinion.

xx Sally

MaddiganV@... wrote:

Whichever is easiest Steph thanks very much.

Margaret I think I can handle the stress, my worry is that this

time it would be based around not getting a fair trial first time and

that no doubt needs proving as a point of law, which I know nothing

about.

The point about witnesses is interesting though because we were

told only 2 witnesses allowed at the actual tribunal itself but were

told it was advisable to get witness reports which we did, again I have

to question what then was the point of the extra expense of these

reports if they are secondary to the people who are actually there, and

as Sally said may not even be read. At one point the LEA said the OT

reports were trifling and unimportant when infact they were pretty much

the linchpin on why had made no progress, I had to argue fiercely

that they be considered, unfortunately the OT was not available on the

day of the tribunal and we had to have the Speech therapist instead.

I thought pretty much as you have said that these witnesses were

crucial, but the little they said were as much in favour of 's

current school and the LEA as it was about fighting 's case, I

really believe we would have fared better without them, finding it

difficult to get my head round why we spent a fortune to have someone

there speak up for the LEA.

Vicky

xx

No virus found in this incoming message.

Checked by AVG Free Edition.

Version: 7.1.409 / Virus Database: 268.15.18/586 - Release Date: 13/12/2006

Link to comment
Share on other sites

Margaret we had data protection stuff that proved had made no progress whatsoever, his final review at nursery is identical to his last school assessment!

They had no proof of progress where we had shed loads of proof showing lack of progress, this is why I'm so mad.

His independent OT felt ABA was the way to go, but she spoke very highly of the school we were asking for, everyone agreed he was in a desperate way.

He is grade 4 for funding and is one of only 10 in an SLD school to have this much funding, although he sees none of it, and still they tried to argue he wasn't that difficult and even questioned his dx!

They put their head in so many nooses but no one seemed willing to open the trap door.

It is similar nonsense to the PCT who refused funding based on the fact and I quote here.

" has made progress since attending The Harley Street Doctor, but it's not clear that it is because of the Harley Street Doctor".

Double talk like this is par for the course with our kids, if someone else were relating these tales I would honestly have trouble believing them.

At the end of the day if we are unsuccessful in this, I may be forced in what school he can attend but I decide what school my 17k child will NOT attend.

Thanks everyone for all your support through this if not for this group I think I would have sunk to the bottom of a very large glass.

Vicky

xxxxxxxxxxxxx

Link to comment
Share on other sites

Margaret we had data protection stuff that proved had made no progress whatsoever, his final review at nursery is identical to his last school assessment!

They had no proof of progress where we had shed loads of proof showing lack of progress, this is why I'm so mad.

His independent OT felt ABA was the way to go, but she spoke very highly of the school we were asking for, everyone agreed he was in a desperate way.

He is grade 4 for funding and is one of only 10 in an SLD school to have this much funding, although he sees none of it, and still they tried to argue he wasn't that difficult and even questioned his dx!

They put their head in so many nooses but no one seemed willing to open the trap door.

It is similar nonsense to the PCT who refused funding based on the fact and I quote here.

" has made progress since attending The Harley Street Doctor, but it's not clear that it is because of the Harley Street Doctor".

Double talk like this is par for the course with our kids, if someone else were relating these tales I would honestly have trouble believing them.

At the end of the day if we are unsuccessful in this, I may be forced in what school he can attend but I decide what school my 17k child will NOT attend.

Thanks everyone for all your support through this if not for this group I think I would have sunk to the bottom of a very large glass.

Vicky

xxxxxxxxxxxxx

Link to comment
Share on other sites

>

> Margaret I think I can handle the stress, my worry is that this

time it

> would be based around not getting a fair trial first time and that

no doubt needs

> proving as a point of law, which I know nothing about.

> The point about witnesses is interesting though because we were

told only 2

> witnesses allowed at the actual tribunal itself but were told it

was advisable

> to get witness reports which we did, again I have to question what

then was

> the point of the extra expense of these reports if they are

secondary to the

> people who are actually there, and as Sally said may not even be

read. At one

> point the LEA said the OT reports were trifling and unimportant

when infact

> they were pretty much the linchpin on why had made no

progress, I had to

> argue fiercely that they be considered, unfortunately the OT was

not

> available on the day of the tribunal and we had to have the Speech

therapist instead.

> I thought pretty much as you have said that these witnesses were

crucial,

> but the little they said were as much in favour of 's current

school and the

> LEA as it was about fighting 's case, I really believe we

would have

> fared better without them, finding it difficult to get my head

round why we

> spent a fortune to have someone there speak up for the LEA.

> Vicky

> xx

>

Dear Vicky,

If a new Tribunal is ordered then it will be as though the first had

never happened and the new panel will start from scratch in

considering the evidence before them. The panel are supposed to have

read ALL the Tribunal bundle beforehand and any late evidence agreed.

A (not uncommon) way of proceeding would be for the LEA and the

Appellant (you) to submit a draft agreed Statement before the

hearing, with all the points of disagreement clearly marked. These

would then be considered by the Tribunal, hearing evidence for both

sides, relating to Parts 2 and 3. Then part 4 (placement) would be

considered.If you and the LEA agreed any changes in the first

Tribunal I suggest you get them into the (revised) draft Statement

which will go before the second one.

It is not enough to show that the LEA school can't meet 's needs;

you also have to show that the new one can. Was your Ed Psych good?

And did their report recommend a school, and do they agree with your

choice of school? As for the OT, can they come for day 2 and do they

know about OT at your preferred school and support what is there? If

the speech therapist's evidence was equivocal, ob viously you won't

call her again. The new Tribunal should know NOTHING about the speech

therapist's oral evidence, which could be to your advantage. You also

have the chance to look for another school before the new hearing, or

think of some alternative arrangement.

Margaret

Link to comment
Share on other sites

>

> Margaret I think I can handle the stress, my worry is that this

time it

> would be based around not getting a fair trial first time and that

no doubt needs

> proving as a point of law, which I know nothing about.

> The point about witnesses is interesting though because we were

told only 2

> witnesses allowed at the actual tribunal itself but were told it

was advisable

> to get witness reports which we did, again I have to question what

then was

> the point of the extra expense of these reports if they are

secondary to the

> people who are actually there, and as Sally said may not even be

read. At one

> point the LEA said the OT reports were trifling and unimportant

when infact

> they were pretty much the linchpin on why had made no

progress, I had to

> argue fiercely that they be considered, unfortunately the OT was

not

> available on the day of the tribunal and we had to have the Speech

therapist instead.

> I thought pretty much as you have said that these witnesses were

crucial,

> but the little they said were as much in favour of 's current

school and the

> LEA as it was about fighting 's case, I really believe we

would have

> fared better without them, finding it difficult to get my head

round why we

> spent a fortune to have someone there speak up for the LEA.

> Vicky

> xx

>

Dear Vicky,

If a new Tribunal is ordered then it will be as though the first had

never happened and the new panel will start from scratch in

considering the evidence before them. The panel are supposed to have

read ALL the Tribunal bundle beforehand and any late evidence agreed.

A (not uncommon) way of proceeding would be for the LEA and the

Appellant (you) to submit a draft agreed Statement before the

hearing, with all the points of disagreement clearly marked. These

would then be considered by the Tribunal, hearing evidence for both

sides, relating to Parts 2 and 3. Then part 4 (placement) would be

considered.If you and the LEA agreed any changes in the first

Tribunal I suggest you get them into the (revised) draft Statement

which will go before the second one.

It is not enough to show that the LEA school can't meet 's needs;

you also have to show that the new one can. Was your Ed Psych good?

And did their report recommend a school, and do they agree with your

choice of school? As for the OT, can they come for day 2 and do they

know about OT at your preferred school and support what is there? If

the speech therapist's evidence was equivocal, ob viously you won't

call her again. The new Tribunal should know NOTHING about the speech

therapist's oral evidence, which could be to your advantage. You also

have the chance to look for another school before the new hearing, or

think of some alternative arrangement.

Margaret

Link to comment
Share on other sites

>

> Margaret I think I can handle the stress, my worry is that this

time it

> would be based around not getting a fair trial first time and that

no doubt needs

> proving as a point of law, which I know nothing about.

> The point about witnesses is interesting though because we were

told only 2

> witnesses allowed at the actual tribunal itself but were told it

was advisable

> to get witness reports which we did, again I have to question what

then was

> the point of the extra expense of these reports if they are

secondary to the

> people who are actually there, and as Sally said may not even be

read. At one

> point the LEA said the OT reports were trifling and unimportant

when infact

> they were pretty much the linchpin on why had made no

progress, I had to

> argue fiercely that they be considered, unfortunately the OT was

not

> available on the day of the tribunal and we had to have the Speech

therapist instead.

> I thought pretty much as you have said that these witnesses were

crucial,

> but the little they said were as much in favour of 's current

school and the

> LEA as it was about fighting 's case, I really believe we

would have

> fared better without them, finding it difficult to get my head

round why we

> spent a fortune to have someone there speak up for the LEA.

> Vicky

> xx

>

Dear Vicky,

If a new Tribunal is ordered then it will be as though the first had

never happened and the new panel will start from scratch in

considering the evidence before them. The panel are supposed to have

read ALL the Tribunal bundle beforehand and any late evidence agreed.

A (not uncommon) way of proceeding would be for the LEA and the

Appellant (you) to submit a draft agreed Statement before the

hearing, with all the points of disagreement clearly marked. These

would then be considered by the Tribunal, hearing evidence for both

sides, relating to Parts 2 and 3. Then part 4 (placement) would be

considered.If you and the LEA agreed any changes in the first

Tribunal I suggest you get them into the (revised) draft Statement

which will go before the second one.

It is not enough to show that the LEA school can't meet 's needs;

you also have to show that the new one can. Was your Ed Psych good?

And did their report recommend a school, and do they agree with your

choice of school? As for the OT, can they come for day 2 and do they

know about OT at your preferred school and support what is there? If

the speech therapist's evidence was equivocal, ob viously you won't

call her again. The new Tribunal should know NOTHING about the speech

therapist's oral evidence, which could be to your advantage. You also

have the chance to look for another school before the new hearing, or

think of some alternative arrangement.

Margaret

Link to comment
Share on other sites

Re: Re: Tribunal Advice Please

(Sally's message)

<<<Yes, this part about one's witnesses being professional means that

they have to be " independent " and you can't check out what they think.

So you pay and they take your money and say the opposite of what you

want. If you'd known you wouldn't have paid them or taken them on. >>>

When you have received their draft report, discuss and check it out

with them -ask them what they think is appropriate provision. If you

don't feel comfortable with the report, don't use it and the enemy (the

LEA) will never know what it said, because it's your report and you

paid for it. Certainly don't call a witness you're not sure of.

Margaret

Link to comment
Share on other sites

Re: Re: Tribunal Advice Please

(Sally's message)

<<<Yes, this part about one's witnesses being professional means that

they have to be " independent " and you can't check out what they think.

So you pay and they take your money and say the opposite of what you

want. If you'd known you wouldn't have paid them or taken them on. >>>

When you have received their draft report, discuss and check it out

with them -ask them what they think is appropriate provision. If you

don't feel comfortable with the report, don't use it and the enemy (the

LEA) will never know what it said, because it's your report and you

paid for it. Certainly don't call a witness you're not sure of.

Margaret

Link to comment
Share on other sites

You haven't lost yet so let's still hope that you haven't. I thought we

had won and felt so devastated when we hadn't. Then I found that there

is an odd but very great strength in losing. That is that the lea

hasn't won the right to give your child rubbish, it has persuaded the

tribunal that its proposed course of action is better than your

proposed course. Now it has to demonstrate that it is. We had an

immediate reassessment to write the tribunal's judgement into the

statement. So I insisted on a proper description of her,. they didn't

care. They'd just won hadn't they. Then I described the lea placement

and subjected it to candid criticism. I had no committment to it, no

reason to keep the staff on board, no responsibility for the decision.

It was nine months of freedom to speak my mind without worrying that I

would offend anyone, that they might not like me, that they might not

be nice to my child and reject her. I knew they were stuck -- they had

won. I was finding out the many and varied ways in which their

provision was useless.

What brought me back from despair was telling myself that although the

Tribunal had completely misplaced my child it had not done so

willfully. It had not knowingly thrown her in the bin. It had done so

because it had been misled. So those who misled it could not complain

at a candid statement of the ways in which they had misrepresented

their provision.

Kept me alive and could have provided a springboard to go back to

Tribunal. Now we home educate but in many ways those months of freedom

were fun -- telling useless people how they were failing the

handicapped people in their care. It was good.

Sally

rexel45@... wrote:

Hey Vicky,

I've sent a message to him - unfortunately I had to send it

through the ABA group (but off list) and given him your email

address. I guess it can't hurt to speak to him to understand how he

went about advocating for his own son.

Take care,

Darla

In a message dated 13/12/2006 21:28:17 GMT Standard Time,

MaddiganVaol (DOT) com writes:

Thanks Darla, I would be very grateful if you could contact

him for me.

As for whether I could do it myself, well the only use my

barrister was at the actual tribunal itself was picking up small points

of law, that really had nothing much to do with what we were trying to

prove, just things like other solicitor dropping things in without

stating where in the case the relelvent papers were, but in truth our

case was pretty tight and they had no real impact anyway, not important.

The problem I would guess for me would be putting the

paperwork together, but then how different would it be to all the

original stuff I have now?

We did not have a fair hearing so it would be a new panel

looking at the same evidence, but at the tribunal I would represent

myself, or is this not possible, if not why not? The only people who

benefit from putting together an entirely new case are the solicitors.

I really do believe no one can advocate for my son like

myself, I have no need for analogies of tanks reversing down roads

[sigh].

Thanks

Vicky

No virus found in this incoming message.

Checked by AVG Free Edition.

Version: 7.1.409 / Virus Database: 268.15.18/586 - Release Date: 13/12/2006

Link to comment
Share on other sites

Yes that's true enough, the problem though was the Ed Psyche was reccomended, she had to travel up from way down South, stay overnight in a hotel, visit both schools and us then stay in a hotel again, so we were already committed to paying her for all of that once she drove up the motorway.

I did express concern before the tribunal but was re-assured it would be O.K.

Written report was OK not damning or anything but OK, prescence at tribunal was another matter altogether.

Database would be a great resource for sure.

Vicky

Link to comment
Share on other sites

Yes that's true enough, the problem though was the Ed Psyche was reccomended, she had to travel up from way down South, stay overnight in a hotel, visit both schools and us then stay in a hotel again, so we were already committed to paying her for all of that once she drove up the motorway.

I did express concern before the tribunal but was re-assured it would be O.K.

Written report was OK not damning or anything but OK, prescence at tribunal was another matter altogether.

Database would be a great resource for sure.

Vicky

Link to comment
Share on other sites

I know Margaret but you don't know what they think until they have

written their report. Your only defence is to pay and ignore.ie to pay

for nothing . I can't think of a way round it, it just annoys me .

Everyone has prejudices and I think people should be labelled with them

"Ed Psyche -- pro inclusion" and "SLT - pro special school". In fact,

if you try to assess in advance what people might think/say they get

all professionally huffy with you. The lea doesn't have this difficulty

because it employs these touchy professionals 24/7 and they know to do

as they are told. Sorry. Tribunals bring out the beast in me. I get all

grumpy.

Sally

mcollins2001uk wrote:

Re: Re: Tribunal Advice Please

(Sally's message)

<<<Yes, this part about one's witnesses being professional

means that

they have to be "independent" and you can't check out what they think.

So you pay and they take your money and say the opposite of what you

want. If you'd known you wouldn't have paid them or taken them on.

>>>

When you have received their draft report, discuss and check it out

with them -ask them what they think is appropriate provision. If you

don't feel comfortable with the report, don't use it and the enemy (the

LEA) will never know what it said, because it's your report and you

paid for it. Certainly don't call a witness you're not sure of.

Margaret

No virus found in this incoming message.

Checked by AVG Free Edition.

Version: 7.1.409 / Virus Database: 268.15.18/586 - Release Date: 13/12/2006

Link to comment
Share on other sites

Join the conversation

You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...