- Rewards 94
Questions they have asked
I have received the consult response from SEND schools from the local authority Solicitor. When I respond back with my evidence /comments do I include all parties involved in the case and report back on which school I want named?
My child's case is at the tribunal as the local authority wants to place my child at a school 1 hour away outside of the local area. All other schools in our local area have reported being oversubscribed, not able to meet his needs. Additionally some state that my child would impact negatively on the needs of other existing students due to lack of resources and capacity.
When it mentions parties, I assume this includes me as the appellant in a case? And I've been asked to complete the exchange of evidence in regards to the school I'd like my child to attend, with details of the cohort, timetable and support he will get. I'm advised it should be in a witness statement. I'm confused about how to proceed. Should my information be documented in the RFC form?
These instructions are set out before a court hearing date.
If a court instructs you to submit evidence by a certain time on a specific day. Is it best to wait and submit to all parties earlier or to wait and submit nearer to the submission time?
My child has been offered tuition in the interim due to delays in witness statements being submitted form my preferred school. The judge has asked that safeguarding arrangements are in place if tuition is offered in the home, otherwise it should be at a tuition centre for 25 hours. Would this mean 2 staff attending my home to supervise the teaching sessions?.
The LA didn't consult my preferred schools within the consultation period. Now I have to wait until the schools reopen. Additionally an assessment is also pending for September. I now won't get a hearing until October.
In my court order, it mentions that the judge is excluded. Does this mean they won't preside over the hearing?
I am awaiting a court hearing
If a school states that placing your child in their school renders the efficient education or use of resources. Is a judge still likely to overturn this if witness statements and evidence from the schools support their view point. What evidence can I bring to challenge this?
I will need to submit further evidence before the hearing.
What happens if your appeal date is imminent and the leagl team reperesenting the Local Authority withdraws.
Today was the final date to submit evidence on our choice of school for our child. I was also awaiting evidence from the legal team acting on behalf of the LA. They informed me they have not been instructed and ceased to act on their behalf.
Questions they have answered