can a recording be used a evidence ?

(15 Posts)
brumdad Fri 25-Mar-16 01:18:47

Dear all

We are in a tribunal situation. LA EP's position is that parents are to blame for current school unable to meet needs. Therefore school could meet needs if it was not for constant amendments to provision forced by parents.??? A change of placement is recommended but parents are to blame. Therefore LA are not obliged to pay transport costs to the new school as it is further away.

My mobile phone has an app that records call conversations and I have a recording saved between myself and school head, where he makes it crystal clear that parents were not to blame for the school not being able to meet needs. He goes on to say that he would be informing the LA of the same view.

I do believe but I can not be 100% sure, that school may have informed the LA of their views as stated above but the LA EP report offers a different opinion. Or school are upfront and honest with us in person but behind our backs they are working with the LA to support the LA agenda not needing to pay transport costs to new school.

I have been informed that I could not use the taped recoding as evidence at the tribunal because I did not seek the other parties permission. The recoding is damning for the LA case and will leave us vindicated but how do I use it?

Tia

VertigoNun Fri 25-Mar-16 01:21:14

Check with the ico, I think you can share a transcript of the conversation as you are a private citizen, not a professional so different rules.

VertigoNun Fri 25-Mar-16 01:24:46

I record all sorts and I have had many an outraged professional go irate partly why I started recording

I have the additional reason of using recordings as a disability aid and one headteacher checked with a solicitor when I said it was against the equality act to prevent me making recordings. I explained refusing me a recording is the same as refusing a deaf person a hearing aid.

harribo16 Fri 25-Mar-16 01:26:16

Isn't that some form of entrapment? Find out officially where you stand before offering it up as evidence as it may be dismissed if it is viewed as being obtained "illegally" I.e the other person didn't know they were being recorded.

VertigoNun Fri 25-Mar-16 01:32:44

If you recall a Tory MP made a covert recording of his meeting with police and the transcript was allowed in the pleb gate fiasco.

VertigoNun Fri 25-Mar-16 01:35:50

www.bbc.co.uk/news/uk-24537521

If professionals didn't lie nobody would need to make recordings would they?

Flanks Fri 25-Mar-16 07:49:36

Please contact the head in question first. Find out what they submitted, get a copy of it. If it does not match then you need to talk to them urgently.

Your first concern must be for your child, but the head's career is also at risk in this situation, so if you can be open with them and discuss it it would perhaps be advisable.

brumdad Fri 25-Mar-16 17:15:24

Thank you all for the replies. I have tried in vain to get written confirmation of HT's views but they seem reluctant to provide it. I have asked the HT to be transparent as possible as our son's provision is at stake.
Also I feel I have given the HT ample opportunity to share his views openly but it has not worked.
I am considering getting our MP involved.

lem73 Fri 25-Mar-16 17:22:38

I don't understand. The head has told you he will be supportive of your position to the LA. It is only right that you seek his permission to use the recording. He is not the cause of the problem and if he feels uncomfortable I don't know why you'd push it.

brumdad Fri 25-Mar-16 21:19:18

lem73. The head has informed us that school have been tried but have been unable to meet our child's needs, and that parents should not be blamed. However, the LA EP report concludes that according to school feedback, it was the request to amend provision by parents as the reason why school has been unable to meet needs.
So either the HT is telling us one thing and informing the LA EP another. Either way, the recording contradicts the EPs version of facts, I suspect an element of collusion between the two.

BigHairySpider Fri 25-Mar-16 21:34:21

Have you obtained a copy of your child's records at the LA? The records I obtained about my ds contained a lot of hand written notes of conversations held between the school staff and LA staff. It was difficult seeing some of the things that had been written about ds but it proved very helpful at tribunal.
School were unable to deny certain things had been said or they would have had to imply the SEN Manager was a liar grin. They seemed pretty unhappy that we learned what had been going on but obviously didn't consider that we might request the files at any point.

AugustaFinkNottle Fri 25-Mar-16 21:43:02

My understanding is that you are entitled to have recordings admitted as evidence if it is in the interests of justice see www.lindsays.co.uk/news-and-features/news/item/can-covert-recordings-be-used-as-evidence/ . Have the school or LA actually objected? If not I think you should probably just file copies of the recording (on CDs) and, if they do object, say that you felt it was in the interests of justice for the tribunal to have the head's view on this issue which the LA has made central to the case and you have tried and failed to get confirmation from the head of her views.

I agree with Spider, you need to get copy records from the school and LA.

brumdad Fri 25-Mar-16 22:16:39

AugustaFinkNottle. Thank you, that is the information is was searching. We have surpass our deadline for final evidence so my only hope is to take the recordings to the hearing and seek permission for the recording to be included as evidence in the interest of justice. You are absolutely right that the school views are fundamental in this case.

mum2anxious Sat 26-Mar-16 00:19:01

brumdad Ive pm you

AugustaFinkNottle Sat 26-Mar-16 06:42:48

You need to serve the recordings on the LA and tribunal anyway, OP. The more notice they've had, the better chance you've got of persuading the tribunal to admit them. I think you have to send three copies to the tribunal.

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