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What is submitted at final evidence deadline?(2 Posts)
submit everything and anything that supports your case. do not rely on the LA to submit it. the tribunal should be all cards on the table and the LA should disclose everything even if it undermines their case, they are not allowed to cherry pick the evidence and there is case law on this. I found when final evidence had been submitted that the LA had rewritten certain reports so be aware of that as well as it really did happen! thankfully I had an inkling of what they were up to so submitted the version I had and was then after final submissions able to inform the tribunal what underhand tactic the LA had done as both reports had been submitted.
My LA got a report from my school saying they could meet his needs but chose never to share it with me as it blew their case out of the water which was not very good really.
The stuff I got back from the LA at final submissions was pants - no case statement just his statement with appendices and that was it! just over 100 pages whereas mine was over 1000 during the course of the tribunal - i had sent a lot at the beginning and had submitted other reports prior to final submissions. I also wrote a case statement as well.
as you know i changed my witnesses post the final submissions and teh judge was fine about it - he was more concerned that there were 'no surprises' so wanted the witnesses to be named as soon as possible but in reality that turned out to be that everyone had until the week before tribunal to name their witnesses. mine named teh SEN officer very late on and although the tribunal allowed it they were not impressed that they had left it so late.
you may also get an email asking for a telephone hearing - thats what happened to me after the final submissions date past and this is to check taht everyone is ready and if there are any outstanding issues etc etc
I intend to submit independent EP and OT reports, request that EP report of visit to school is accepted as late evidence (given that tribunal had to direct LA to name their school and the late naming) and an updated attendance form. I have the 'A' team for tribunal - including FS as advocate plus SALT, EP and head of ss.
Have I missed anything?
The LA sought my consent for further assessment by their EP, community paed and SALT. The EP assessment was horrible - I found it really distressing to be asked what DS1 contributes to the family because parenting a child with challenging behaviour is so bloody unrewarding a lot of the time and a real test of the unconditionality of parental love. I fear that the LA parental smear campaign pending tribunal is that I am negative (Mrs KoKo struggled to find anything positive to say..) and that I am exaggerating DS1's needs because I want an out of county special school to get rid of him This was recorded in emails from his previous EOTAS tutor - thank god we had her removed - that were copied out of that dept to the bods dealing with the tribunal.
My providing the tutor with feedback is reported as a breakdown with the parents. Unfortunately the neighbour verbally racially abused her, I was a witness at the time and spent over an hour giving a statement to the police. She on the other hand suggested he had a gun in the house and the police wanted to know if I would recognise a gun-bag. Given that they were going to arrest him I had a sleepless night imagining an angry crazed gun man across the street. She had of course made it up. The email exchange from the county head of SEN and the inclusion officer says that she is refusing to teach DS1 because she believes that she is being racially harassed and that the NUT are concerned about other teachers engaging with the family. WTF - am I being paranoid or does that suggest that the family is racially harassing the tutor?
Do the LA have to submit the additional assessments? Tribunal are aware of them as they ruled that the LA had to give information. The comm paed report is fantastic and they couldn't get an NHS SALT in the timeframe so I can't see that she will disagree with our indi SALT. The LA have also asked the current EOTAS tutor for a report. She was asked to draw up a reintegration package but she said she ignored the pro forma and wrote that m/s was not suitable in her opinion. If I were the LA I would not want to submit reports that back the parents. I have been given copies direct by the authors (not the EP!) - can I submit them to tribunal if the LA do not?
Sorry for all the questions and TIA
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