Expert witness Statements

Are there any specific regulations/rules around witness statements? Is it acceptable practice for the Local Authority representative to author witness statements? The HESCC Rules 2008 and www.gov.uk SEND Tribunal's "If you are asked to be a witness" do not include the level of detail I need.

What exactly can a LA rely on when it claims to be able to refuse under "the efficient use of resources" ground of section 39 CAFA 2014?

What exactly can a LA rely on when it claims to be able to refuse under "the efficient use of resources" ground of section 39 CAFA 2014? Whose resources? What is "efficient"? Is it as regards my child or their assessment of the use of their budget generally? Any case law on this would be welcome (ex-lawyer here, gearing up for a potential "no").

The child is ASC, tier 4 (for risk), and has some time in a secure unit (no risk to others), Section I school is a private with annual fees close to £80k.

Do tribunals often refuse requests for witness summons?

We are concerned that we will be disadvantaged if our witnesses do not attend the hearing. What else can we do if a summons request is refused?

Does the LA have a duty to make a decision, and notify parents of that decision, following an EHC Plan review, if there is an ongoing appeal?

I registered an appeal for my Child’s Ammended Final EHC Plan, the LA had already agreed to review the plan, and indeed after the appeal was registered by tribunal, an EHC Plan review meeting was held; all professionals within that meeting stressed that the named school on my Child’s EHC Plan was unsuitable, the LA now claims that due to the ongoing appeal, they will not finalise the review or issuing a notice of the outcome of the review.

The LA instead intends to make make applicable changes to the working document, based on the review outcomes, but I find that this:
- frustrates my rights to appeal the outcome of the review
- confuses the working document by introducing changes outside of the scope of appeal, e.g. sections A & E

Child offered place but LA won't fund what can be done

Child offered place at Odyssey House, turned down by 8 others named. LA has named Octavia House which is totally inappropriate and will be damaging to her development and mental health. Tribunal will take a year, she's in year 9 so can't be kept out of school for a year. Clock ticking what can be done?

Is it discrimination under Equality Act 2010? and is this considered a safeguarding issue?

Son is a full time wheelchair user (unable to stand or crawl) year 3 at mainstream village school. There were adaptions needed to access the top playground (keystage 2) and a ramp was put in last year.
On the 17th May, he suddenly said children were allowed to play on the grass bank alongside the playground (this is quite steep and the kids often roll down it). My son described how he felt sad and lonely as all he could do was sit and watch his friends. We explained this to the headteacher who at first defensively said:
1) No children are allowed on the bank, shortly after 2) The children are only allowed on the bank when i'm there 3) Then 10 minutes later, advised there were no rules about the bank. When further talks were had she advised she cant stop the kids going on as its the 'shaded area'.
My son told her how he felt and she said to him whilst I was sitting there "Its really fun going on the bank, that's why the children want to go on there, but they'll move onto something again soon."
We had asked if there could be rules applied that limited 2 houses (school are divided into 4 houses) on the bank at any one time. This would ensure that our son had some friends down on the playground with him at all times. No further communication from the head. We had also questioned why our sons 1-1 had not seen him alone and offered support, but this was not addressed.
On the 5th July, our son was upset again as he was made to feel this way again. When we questioned why this had not been addressed or rules put in place, we were told the Senco was meeting with the School Council (made up of children aged 8-10 years) the following week to decide the rules.
The rules they came back with is that each classroom/year group of 30 children are allowcated 2 x 30 minutes sessions at lunch on certain days.
We said that this per class (only one class per year at school) will make our son feel even more isolated from his peers.
We raised a complaint and have been told its not under the Equality Act 2010 as its a physical feature - but we are not asking them to flatten it, but just make reasonable adjustment to their rules/policies.
Also stated its not a safe guarding issue - surely if it is having an effect on our sons Mental Health and using the words that the head said to him, it is safeguarding.
We lodged a complaint to the governors whom have sent a really weak reply saying "the head never intended to cause any offence and regrets the vocabulary chosen.
They have looked at the timetables and confident our son receives 1-1 dedicated support. (That's as per his EHCP).
There has been a few things happen previously like everytime our son moves areas, new equipment has been put in the playgrounds from reception and key stage 1. Then when he moved up to this one, they got an accessible grant and the Head wanted to put in 'monkey bars' using the money, my son told us and we were able to speak with school and find something more appropriate but there seems little thought.
Just wanting for the head to take responsibility and show some care.
Any advice would be gratefully received.
Thank you.

Can a LA effectively ignore a SEN Tribunal Judgement ?

We have "won" at Tribunal and the Judge ordered that sections B and F be replaced by the amendments that the tribunal suppled. As well as taking nearly 8 weeks to issue their first attempt, the LA have decided to use the opportunity to edit the entire document including making numerous additions and deletions to sections B and F. In particular, they have taken key paragraphs written by the Tribunal and appended to them so as to change (no doubt they would say "clarify") their meaning. As I understand it they are allowed to edit the document whenever they like so doesn't this in effect override any power the Tribunal has?

I am part way to starting Judicial Review proceedings but I haven't yet had any advice about whether I have a leg to stand on or not because initially at least I'm going with sossen and no professional reply as of yet. Any thoughts on this very gratefully received.

Taking children out of school during term time

I will be taking my children out of school next month for our family holiday. 2 of my children have additional needs, one is diagnosed combined adhd and one awaiting assessment for adhd/asd. Neither of them cope well in overcrowded situations with one having social anxiety and the other being liable to wonder off etc. this is the main reason for going out of term time so it will not be as busy. Is there anything I can do in order to not receive an fine from my local authorities for doing this.

My autistic grandson does not like the fact that the school has no Ofsted report. This has increased his anxiety and led him to refuse to attend the consultation, and the school if they agree that they can meet his needs? I am concerned that the LEA may offer this placement. Where do I stand in regards to this matter?

Ideally I would like to quash the consultation.

Can you recommend any books for me to read to learn about SEND?