Dyslexic son failed 11+ (BUCKS) Please see enclosed details

Post by **Etienne** » Thu Feb 04, 2010 7:45 pm

Hi, Sugar

Did we mess up at the appeal?

No, I can't see that you did anything wrong.

I would suggest you ring the appeals team to ask if they would be kind enough to explain to you what the letter means (the 'justified reason' bit). If you don't get a clear answer, you may need to request a copy of the clerk's notes including the disability flowchart (Â£10).

Sugar · Post by **Sugar** » Thu Feb 04, 2010 8:12 pm

Hi Etienne,
I will do this tomorrow.
What can I do going forward? Is it over? Or do I still have a chance? If My DD has not been treated fairly as a result of his disability who do I go to and can this change anything?

I think it is not unreasonable to be expected to be treated fairly!!

Thank you for your help yet again

Post by **Etienne** » Thu Feb 04, 2010 9:17 pm

What can I do going forward?

First we have to establish all the facts.

Can I just double check that you submitted no new evidence at the hearing with regard to dyslexia?

Sugar · Post by **Sugar** » Thu Feb 04, 2010 11:02 pm

No we did not.

flossie · Post by **flossie** » Fri Feb 05, 2010 10:07 am

Sugar, I'm so sorry to hear the result of your appeal.

Good luck with your investigations - sounds like you've got a case there to me. What a strange response from the IAP, they don't make their reasoning clear at all.

Sugar · Post by **Sugar** » Fri Feb 05, 2010 1:42 pm

Hi Etienne,

I called the office of the IAP and the person I spoke to was very helpful. I asked the question but she could not answer it and said she would look into it. I have requested the clerks notes and DDA flowchart (in the post today).

Good luck to everybody who is still waiting and thank you for all your kind words it really does help

X

Milla · Post by **Milla** » Fri Feb 05, 2010 2:03 pm

I'm sorry to hear your sad news, Sugar, a distressing thing to be pursuing justice in this way. Good luck with your continued efforts and all the best to your boy. He's got a great mum!

Sugar · Post by **Sugar** » Fri Feb 05, 2010 2:20 pm

Thanks to your kind words. Yesterday was not a good day!!!

Sugar · Post by **Sugar** » Thu Feb 11, 2010 3:41 pm

Hi Etienne,

You arr no going to believe this but just I just got a letter from the IAP with the offer of a new appeal. This has made me feel physically sick(could not find appropriate emotion face).

What should I do?

Post by **Etienne** » Thu Feb 11, 2010 4:36 pm

Hi, Sugar

It's what I was privately thinking the outcome might be.

The 'justification' can be a valid reason in some specific instances. For example, if the LA hadn't had all the information about dyslexia at the time they took their decision, they couldn't be held responsible, and they would have been justified in not making reasonable adjustments.

They did know about it, however, and I checked with you above that no late evidence was submitted.

The IAP disagreed with the LA in deciding that the dyslexia was significant enough to count as a disability. All credit to them for asserting their independence. Where they went wrong was in coming up with an invalid justification for the lack of reasonable adjustments. I think it was a genuine mistake, but it's surprising that no one spotted it.

The appeals team must have realised, as soon as you phoned them, that the decision letter didn't look quite right. They have investigated, and acted very properly. The only remedy they can offer you in this situation is a fresh hearing with a completely different panel and clerk.

I'm afraid you face all the stress of another hearing, and the possibility that you could lose again (though if that were to happen, it would be for different reasons).

If you can summon up the strength, I think you should seriously consider going through the ordeal again - but only you can decide.