High School Second Appeal Hearing - Info/Advice Please...

[RockinHippy]

I did tag this onto the end of my old thread as an update, but thought its likely to get lost as it's a long thread & after all we've been through I no longer trust our LA to play fair with a second appeal at all...

We raised a LGO complaint when we lost our medical needs appeal for our nearest/easiest to get to - this has been upheld on several grounds, not least that there was malpractice at our appeal in several areas & that they didn't properly accept DDs clear medical need for the closest possible school, they have refused to just give her the place, but have agreed a second appeal hearing.

Obviously with only a few weeks to go, this is bloody nerve wracking & our LA have dragged their heels & have been deliberately late with every response to the LGO - completely ignored their request that DD us allocated a place for example. - so I am hoping to be prepared & know what the rules of a second appeal are.

Has anyone been through this ?? - how does it work ??

I'm hoping they have to give some notice, so that we have time to arrange the legal help promised by a local disabilities charity - I'm also hoping it won't be too late though, as DD will miss starting with the other DCS

Is is just the hearing that's repeated - or is evidence resubmitted - there were problems with my original evidence in that it was poorly printed off, making it confusing & also extra stuff submitted that I had not submitted as evidence. I can now also get extra supporting evidence as DD now has an extra medic in her care team who will back us.


Any advice/info gratefully received

TIA

[MillyMollyMama]

Just a quick message to support you. I have read your previous thread and I am sure the experts will be along soon. I thought you had to be given 10 working days notice of the appeal hearing and I can't see why a second appeal would be different. I guess both sides could agree to an earlier date if that helps. One suspects the LA will be trying to get a Panel together as people might be on holiday and I would think it fair if a completely new panel heard the appeal as the original one might be prejudiced. I believe you have the right to start all over again.

I would encourage you to get everything you wish to submit together now. Treat it like a court case and put together a numbered index page which refers to documents in the bundle (1, 2, 3, etc). Years ago I worked for an LA and represented them on appeals and I felt successful appeals were succinct, clearly presented and the panel were left in no doubt what the issues were. I think it is good advice not to over-complicate what you submit or bamboozle them with copious amounts of medical evidence. When you speak at the appeal, you can refer to the documents by number, not "a letter from" or "the report of". Definitely make sure your evidence is printed off properly and make sure the panel get this in advance via the Clerk. The panel will struggle to read a lot of evidence just before the appeal and it is not in your interests that they have to do this. I would start liaising with the Clerk now, assuming it is a clerking service from the LA, especially to get a date and how to submit your evidence.

This was supposed to be a quick note!!! Good luck.

[eddiemairswife]

You will have a different panel and a different clerk.

[RockinHippy]

Thank you all for you info & support, boy do I need it, the weight of this whole think is crushing me, but I will nit give up - might have a nervous breakdown after it's over, but absolutely will not give in as is born out by the LGO, the LA are in the wrong.


Yes, it's definitely a second appeal hearing - our LA literally ignored the LGOs request to give DD a place based on findings of maladministration, disregard for key medical info etc etc - the LGO was chasing them for over a week past the date given for them to respond & the LA have been late with every response to date - seems very arrogant IMHO, but it's sadly what I am becoming used to with certain key staff in that department :(


I know from the LGO paperwork that it's a new panel & clerk, hoping it's also a new LA rep, as they were part of the maladministration issue & have also taken over our application for a medical needs waiting list place for the school - which seems to have been pretty much ignored


I've just managed to get hold of someone helpful in the appeals office - they knew who DD was immediately, but haven't had the LGO paperwork through to start the ball rolling - they did say it goes to the chief exec first - slim hope they might see sense & dump the second hearing in favour of just giving DD a place, but won't hold my breath :(

Otherwise they reckon by the time it all goes through, the hearing won't be until the end of September - so DD is going to miss the first term of HS - great start for a DD that suffers badly with autonomic nervous system dysfunction related anxiety


I suppose trying to look on the bright side - maybe once we do have the hearing date, we can fit in a cheaper term time holiday somewhere nice - we've been so much in limbo over this & it's affected both DD & my health so badly, we just could go anywhere far this holiday.

My original evidence was as you suggest Tiggy & Milly but my copy was messed up by very poor printing & the addition of print offs of reams of copies of emails bounced between our MP, me & various other LA Education bods who our MP tried to get help from.

I do have an even more slimline & succinct version as I submitted for the medical needs waiting list place & I will take you advice as far as making 7 copies, I will also deliver by hand & make sure it's signed for as I did oft the MN pack for the Community Paed.

Thanks again

[appealtakingovermylife]

I just want to say good luck to you and your dd.
I've read all of your posts because as you know we're in a very similar situation.
I've yet to receive my decision from the EFA but am hopeful for a fresh appeal too.
Haven't bought any uniform and ds doesn't know I've pursued this further.
What a horrible stressful thing to go through, it's taken it out of me:(
Please keep us updated,will be thinking of you.