Tribunal question

[KOKOagainandagain]

I have just found out that the head of my choice of school (indi ss) will not be available on the date set for the hearing as it clashes with a scheduled open day. The hearing is set for the begining of May. They have asked me to request a date change. IPSEA rep has suggested finding out availability dates (done) and then approaching the LA to try and get a date agreed with them and to then make the official request for changes to tribunal.

Has anyone done this? I am concerned that the LA would refuse and would think that gave them a better chance at tribunal and less likely to pull out. atm they have not listed legal representation and their witnesses are the head of the secondary school he has never attended, an lea learning advisor (without her written comments previously DS1 would not have a statement to appeal) and the lea (trainee) EP.

I thought that where there was an appeal of part 4, the heads of both schools had to be present?

My choice is an indi SpLD specialist school with 50% high functioning ASD with SpLD. I fear a 'Stanbridge Earls argument'.

Tried to find info but stuck so I thought I would ask the experts

TIA

Not sure if the heads being there is set in stone so to speak but obviously is beneficial and the tribunal would have someone there to ask any questions that they may have. I think it would be good if your head was there.

May is quite a way off so there is plenty of time to get it sorted out. I would approach the other side and see what they say. The tribunal rules say that you should try and agree things first but of course if you can then you would need to make an application for changes. I've got my telephone hearing later for something similar and I've got 2 weeks to go! At the moment the LA have made no move to try and bring the head of the school they are trying to name so I expect that could be something that may raise it ugly head today.

Good luck xx

bjk - I have seen your posts recently - I naively thought the run-up to Tribunal would be relatively quiet given the deadlines but the period of greatest activity seems to be after the deadlines have passed.

How would you suggest raising this with the LA in a way that does not give away my rising sense of panic? I do not feel they will be inclined to do me any favours and this feels like asking for a favour. I'm not sure how the costing of each option would be handled without the head.

I would just ask them - if they refuse then you make the request. I feel for you because I wouldn't want to ask them either even though you are meant to work together but it's like a horrible game of poker.

Think about the worst case scenario, you ask them which means you have to highlight an issue with your witness, however you are asking in good time and in theory they should try to come to some agreement. If they state no way, our witnesses are available then you ask for the tribunal to rule. So far have fond the tribunal people are very reasonable and have seen all of the games by the LA before. I have asked for 3 orders so far and each one has been awarded in my favour. IPSea are very knowledgeable so would follow their advice. Could you email your request re the changes to LA? Just that way you have a trail of when you asked and how reasonable you are being. Remember, they can refuse the change but it will be the tribunal who decide ultimately and they will want to ensure your child has a fair hearing.

Thanks - I didn't realise that if the LA refuse I can still put in the request for change to tribunal - I was assuming that I needed to LA to agree to changes. That makes me feel better as I feel the tribunal are more likely to agree to a change that is necessary for the panel to have adequate understanding.

I tried to get my LA to tell me if the autism outreach person was a qualified teacher and they refused to tell me twice so I asked for an order from the tribunal. As the LA had refused they were given an opportunity to respond why they were refusing but the tribunal made it clear i was making a reasonable request. The LA then backed down and released the info and lo and behold she wasn't a qualified teacher! Don't be intimidated, I know it is hard and it does feel like mind games a lot of the time but the tribunal are reasonable people and you are making a reasonable request

You can put in a note to tribunal or a request for changes and state that you will be working with the LA to agree a new date with 2 weeks of the old date. That way everyone knows the score.

Thanks bjk and star

I need to learn not to panic so easily

Aunt-in-law is a recently retired head of a secondary and is helping by playing devil's advocate to help us strengthen our defense but it is rather stressful. She has me almost convinced that we will lose - thank god for this board.

Just to reassure you re witnesses - today the LA announced that the only 2 witnesses that they were calling they are no longer calling. The judge said that they have no real issues re changes as witnesses as these things happen however it it simportant that both sides let each other know so there are no surprises . My witnesses were changed although I know your position is slightly different due to you needing a new date. I feel much more relaxed now I have spoken to a real life judge - they are pretty human and quite nice. She really out the LA solicitor in her place so get on with your request to change if you need to - it will be fine x

Thanks - I made the request to the lea - they wanted to know why - but since then there has been silence . I have said that I will make the request direct to tribunal if they can't agree.

Glad to hear that judges are human - all my evidence to the lea has actually been written for such judges - sad but I never expected the lea to listen.

Yes give them a definite time to come back and then make the application to the tribunal - it can take 10 days to turn it around so be prepared for a bit of a delay In getting it sorted.

We have a legal advocate handling things for us, but we had an issue with the initial date that was given and got the date changed. In our case the advocate mailed our witnesses to find mutually suitable dates and then mailed these to the local authority to check with them if any were suitable. Once a date had been mutually agreed the paperwork was submitted to tribunal to request the change for the specific agreed date and it was granted. It was simply explained that two of our witnesses could not make the original date but all parties had mutually agreed the new date.

So imagine our family's horror when we fought so hard to get our child into a Special residential school, as we are discussing here, we were so pleased, and then guess what , that school was Stanbridge Earls, through its own incompetence it has become a national scandal and around it has developed a storm of criticism and it is now to close leaving all of us high and dry. In fairness we pulled our poor child out the moment we could but it was a terrible stress on us all, and the school helped us not one bit, too busy defending itself. What a disaster for our child but hopefully issues of safeguarding will be tightened up elsewhere as a consequence of this terrible affair. So for us the trials and tribulations did not stop even after we found a funded placement and that makes us furious, furious that our child has suffered from the consequences of this mess at this school. We had to leave there, they started calling it in the press the "Rape-Row school", how dreadful is that as allegations of children being raped there terrified us and as a family we had no idea who to turn to for advice, so we left, it was awful for our child. Like many ASD pupils our child needs calm and order and certainty, don't we all, and we had none of that these past 6 months with this school. I feel so let down and hurt by it all. Our local Education Authority has been brilliant in their support for us these past few weeks helping us resolve the alternatives for our child, but what a summer, I will never want to repeat it for any of us. I dont drink but if I did i would be alcoholic by now!