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Tribunal help. SEND45 form not sent, advocate didn't mention it. Is it too late?

randomtoni

Hi,

I am currently appealing a refusal of EHCP for my son.
I have advocate support but I cannot get through to her and I'm seriously panicking!!

I didn't realise I had to get the SEND45 form in by a deadline. I only realised once the LA sent there's through to me.
This is now late, 1st Feb.

My last meeting with my advocate was about gathering evidence and this form wasn't mentioned.
I'm supposed to have witnesses too which I didn't realise.

Am I in serious trouble here and its too late?

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Albus_Alumni

Hey there @randomtoni and welcome to the community.

I'm sorry to hear you're struggling with the right information, I'm afraid I don't have the answers for you here as this isn't in my area of expertise, but hopefully a regular will be along soon to give you some support. I'm just editing your title as well so more people will be able to spot if it's something thy can help with. I hope that's ok?

cornishmummy

randomtoni said:

Hi,

I am currently appealing a refusal of EHCP for my son.
I have advocate support but I cannot get through to her and I'm seriously panicking!!

I didn't realise I had to get the SEND45 form in by a deadline. I only realised once the LA sent there's through to me.
This is now late, 1st Feb.

My last meeting with my advocate was about gathering evidence and this form wasn't mentioned.
I'm supposed to have witnesses too which I didn't realise.

Am I in serious trouble here and it’s too late?

Has anything actually been agreed via you and LA , I wouldn’t worry yourself to much the LA broke every deadline possible and breached the court orders on my 3 tribunal cases but they still got to submit their evidence.

Best I can suggest is ring the tribunal they are and can be very helpful if you get the right person!

Witnesses are not ness if you have good paper trail . You find LA will say they have two witnesses turning up or similar but on the actual day will just be the legal team! This process is overwhelming and Google can be a great help .

randomtoni

cornishmummy said:

randomtoni said:

Hi,

I am currently appealing a refusal of EHCP for my son.
I have advocate support but I cannot get through to her and I'm seriously panicking!!

I didn't realise I had to get the SEND45 form in by a deadline. I only realised once the LA sent there's through to me.
This is now late, 1st Feb.

My last meeting with my advocate was about gathering evidence and this form wasn't mentioned.
I'm supposed to have witnesses too which I didn't realise.

Am I in serious trouble here and it’s too late?

Has anything actually been agreed via you and LA , I wouldn’t worry yourself to much the LA broke every deadline possible and breached the court orders on my 3 tribunal cases but they still got to submit their evidence.
Best I can suggest is ring the tribunal they are and can be very helpful if you get the right person!
Witnesses are not ness if you have good paper trail . You find LA will say they have two witnesses turning up or similar but on the actual day will just be the legal team! This process is overwhelming and Google can be a great help .

Thank you very much for your response.

The LA have completely refused everything. It took tribunal to even be assessed for an EHCP. They have submitted the Senco as a witness who is also very negative.

I have done everything with the school via written form so I have 3 years worth and obviously want to submit that as evidence.
We have Ed Psychologist, speech&Language, Occupational health, private paediatrician and community paediatrician assessments all are for an EHCP.
We also have pending appointments with Physio, incontinence team and genetic specialist.

I'm going to start getting as much together as I can this weekend and hopefully my advocate will be in touch Monday, if not I'll try and give tribunal a call.

I've had to fight for 3 years now so had a major panic I've screwed it up at the last hurdle.

cornishmummy

Sadly advocates have case loads and sometimes they over look things, this happen to myself . You can always contact SENDIASS! Just don’t tell them you got advocate

. Also as nothing has been agreed via your working document ! Assuming you have one , then just send the send 45 form back with letter explaining why it’s late . Obvs send to the LA at the same time like with all the correspondence! Happy to help you as the council tried this on my daughter for years and now going through same battle with my 5 year old son.

When is your court date ? Sometimes council fold at last hurdle . If this happens still got to court and let the judge see what was offered .