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Original poster

Do there have to be witnesses at the tribunal?

34 replies

babiki · 22/01/2013 20:25

Or is it possible to win without them, just presenting their reports? I just can't get any witnesses..preschool teachers altough lovely don't want to come, private OT and psych edu. could come but cost SO much money, I would have to borrow them, NHS team woudn't come and wouldn't be helpful..

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StarlightMcKenzie · 22/01/2013 20:29

It's possible but I wouldn't do one without an independent EP.

cansu · 22/01/2013 20:37

I think it is possible. It depends whose views will be most crucial to your case or if the LA will dispute any one persons report. I think having someone who actually knows your ds well and who works with him could be an advantage as long as they a able to stand up for themselves. Someone who feels threatened by the LA won't make a good witness as they may back down under pressure. It may also help you to have someone else on your team so to speak. I had a salt with me for ds case and she totally swung the case as she was not paid by me and they seemed to view her evidence as being much more reliable for that reason.

Original poster
babiki · 22/01/2013 21:56

Thanks guys. Starlight, yes I thought we should use the EP, she was really good, and LA are using EP as well. Now just get the money..
Cansu, sadly except for the teachers nobody really knows him that well, he is just at preschool now..both EP saw him for few hours.
I will have solicitor there (managed to save for that with little help from my darling sisters :))..
What about our tutor, she sees him once a week for 3 hours, but not sure if tribunal would see her as relevat witness; altough she did visit him at preschool and chatted to teachers etc.

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bochead · 23/01/2013 02:25

So long as you have an independent EP report that supports your argument, you should be OK.

I had no witnesses and my Mum arrived with me but couldn't hang around to hold my hand through the actual hearing as someone had to go pick up DS lol! I won. I won't lie and say I didn't find five of "them" versus one of me intimidating. I did win though Wink.

Just be very clear what your key points are, and don't let the other side go off on random tangents or intimidate you in the loos during the break. Wink

You should be fine. I just had faith in the fact that my DS needed everything I asked for just to be able to access the national curriculum, so and get the education most familes take for granted.

Original poster
babiki · 23/01/2013 15:13

Thank you Bochead, and well done for being assertive. I have to learn to be tougher, it's not in my nature.

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cjn27b · 23/01/2013 20:26

Is it possible to have witnesses summons? While you'd still need to pay independent experts I think, you should be able to summons pre-school staff. Are any supportive and would back you up?

StarlightMcKenzie · 23/01/2013 20:36

Yes, I would take the tutor if she is willing to attend. She'll know ds best and is independent from his mother.

Original poster
babiki · 23/01/2013 20:36

cjn27b, I'm going to ask the staff again tommorow and suggesting the summons..don't have too much hope though..

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StarlightMcKenzie · 23/01/2013 20:45

bab. It might be worth asking the staff how they would feel about a summons.

They might be less worried about attending if they could shrug their shoulders at the LA and say they were forced to attend.

steelev48 · 23/01/2013 20:47

Hopefully the LA will back out before tribunal. Good luck.

Original poster
babiki · 23/01/2013 21:00

Starlight, I will try asking them tommorow, thanks.
Steelev48 thank you, that would be the best, I didn't actually realise they could still back down!!

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StarlightMcKenzie · 23/01/2013 21:42

They can back out in the foyer of the tribunal room, and sometimes do! Hmm

Original poster
babiki · 23/01/2013 22:15

Starlight that's just unreal, don't know whether to laugh or cry over this all sorry system..

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marchduck · 23/01/2013 23:00

babiki, good luck for tribunal

Original poster
babiki · 23/01/2013 23:30

Marchduck thanks, it's on the 15/2, on my birthday out of all days :))))
How are you and your little one doing?

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bjkmummy · 24/01/2013 00:01

Mine is 12/2 which is my husbands birthday - good luck x

marchduck · 24/01/2013 00:12

Thanks babiki, DD doing well - she is a wee darling. Hope your DS is well, and you.
Looks like it will have to be tribunal for us too though...
So sorry yours is on your birthday - I'll have my fingers crossed for you!
b
bjkmummy, fingers crossed for you too!

Original poster
babiki · 24/01/2013 07:40

Bjkmummy, thanks and fingers crossed too - at leat it will be very memorable birthdays :)

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Original poster
babiki · 24/01/2013 07:42

Marchduck I think it's really common to be refused at first now :( it's great your dd is settled at preschool. Will reply on your threat regarding the statement.

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Original poster
babiki · 24/01/2013 12:36

So the preschool said no :( the've been getting calls from Education asking them too, so far managed to decline... So now can hope they won't come as witnesses for the other side.

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inappropriatelyemployed · 24/01/2013 12:40

Have pre-school written something? A statement or report? Woudl they? If they would, will they add to it that they do not wish to attend?

Original poster
babiki · 24/01/2013 12:43

They said they are happy to do a report... Do you think it would be helpful to put in they don't wish to attend?

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Veritate · 27/01/2013 11:46

I think it can be quite dangerous to get school staff as witnesses if it's a local authority school or nursery. No matter how lovely or well-intentioned they are, they do sometimes get pressurised by the LA and they go along with it because they need to keep a reasonable relationship with the LA for the sake of the other pupils.

inappropriatelyemployed · 27/01/2013 12:58

Well, it might be better than nothing babiki, particularly if they are prepared to say why they don't want to get involved.

I know Agnesdipesto did a post a while back about a Tribunal she had been to where the Tribunal panel insisted on hearing evidence from those involved.

It is very hard when you don't get that support.

Original poster
babiki · 01/02/2013 10:11

Bloody hell, just got the last attendance froms and teacher is going to be a witness for the LEA :( didn't want to be involved my ass :(

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