Q:

Is it possible to ask the FTT to clarify/review their decision?

I have just had tribunal last week and my YP (who is 16 )has been awarded EOTAS. The EP report suggested 15 hours of tuition at home. It also said a PA would be helpful for accessing the community, going to yoga/pilates and going on educational trips. The time for this wasn’t specified in the EP report.

When I worked on the WD with the help of Sossen, we amended PA to PA/TA/LSA, as I had heard LAs often won’t fund a PA and argue this is provided by social care. We asked for 15 hours a week for this. The LA agreed to this in the WD. However at the tribunal the panel were concerned that having a TA, with other elements of the package, would mean too many people being involved. They agreed to the 15 hours tuition but suggested the tutors might be able to take my YP out. They also asked where the 15 hours PA/TA/LSA had come from and when the EP said she hadn’t put 15 hours there they seemed to think (erroneously) none of that section had been recommended by the EP and removed it from the package completely.

This leaves my YP with no support in PFA or to access the community. My YP needs travel training, PHSE, help booking an appointment, going to a shop or cafe, exercise etc. Whilst the tutor might be able to do the odd educational trip to an exhibition they won’t be able to go out regularly. Her current English and Maths tutor said they wouldn’t be insured to do this and that you need special training to go on trips/ public transport.

So, can I write to the tribunal asking them to look at this part of the decision again? I thought the verdict was binding but it seems you can ask for clarification? If I had confidence in the LA I might try and negotiate it later, but they were awful during the process and I’m sure they wouldn’t agree to anything not specified in the plan. Thank you!

GD

G D
14 Nov 2024

A: SenseCheck

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  • 22 Nov 2024
  • Yes

    Simple

    GD,

    This sounds  frustrating.

    I am unable to advise on the review or appeal process, should you choose to pursue these options. I recommend seeking specialist legal advice for further guidance.

    That said, if you are representing yourself (which it seems you are), and if the decision is genuinely unclear, you could write to the Tribunal requesting clarification. You can ask them to take any action they deem necessary to clarify the written decision. The Tribunal has the power to act "on its own motion" in the interests of justice, meaning they are not restricted in this regard.

    I hope this is helpful, and I look forward to any further suggestions others may have.

    Sean Kennedy

    Sean Kennedy

    Sean Kennedy
    Talem Law