Looks like we are really going to Tribunal

[theDudesmummy]

I was really hoping to avoid this eventuality but looks like it is going to be happening (date in 2 weeks). LEA are pretty much ignoring us, filed no updated evidence and have ignored our working doc so far. I am fine for the battle with the LA, but what really worries us now is: They have listed as their witnesses: an EP who last saw DS a year ago, the school head and the school SENCO.

I really really do not want to have any beef with the school, we are really happy with them and I do hope the adversarial nature of the tribunal process does not do anything to damage our relationship with them. The only issue we are going to tribunal for is the funding of the home programme. DH and I feel very anxious to ensure that our relationship with the school is not harmed, but seems a really difficult position for them to be in, as witnesses for the "other side" as it were, especially when the LA's case is that no home programme is needed (despite it being in the Statement! Go figure!), whereas the school are fully supportive of the home programme.

The school will not support the home programme at tribunal. They will say all that it offers can be done in school by them.

Well that is not what they said in a recent meeting (minuted by my advocate), and they also allow the TA to come to the workshops at our home, and our lead tutor to send a session a week at school with the TA. The reason I chose this school in the first place was because they were very accepting of the idea of integrating with the home programme.

I just really really don't want the fight to be with them!

They can change their tune... But I had similar with
preschool stuff who were forced to attend and I have stressed several times how wonderful they are with ds and thanked them profusely at the hearing - at one point the teacher and I were almost crying :) so you will see how it goes and you can ( if they don't change their tune) make it obvious that your issues is with LA and not school.

Yes, I have voiced our concerns to our advocate too, and she assures me we will be lovely to the school at the hearing.

Could you be very upfront about it?

Go in and say you know they will be under massive pressure. That the LA rep may ask leading questions. That you don't expect them to put their jobs at risk. That they may well be forced to volunteer massive extra provision, whether or not the LA's promised resources appear.

But you do expect them to remain professional despite this. That you have confidence in their ethics and judgement. That you anticipate they would resist any attempts to involve them in outright lies, personal attacks, or making any statements based on supposition rather than observation. And if that did occur, you would be speaking to the governors, contacting the council's educational committee chair, and reporting them to the GTC.

Because if you gave false evidence against your child's interests, even because of external pressures, you would expect school to report you too, albeit to social services/safeguarding, rather than the GTC.

I have stressed several times how wonderful they are with ds and thanked them profusely at the hearing - at one point the teacher and I were almost crying

I did exactly the same - although my DS had never been to the school the LA were trying to place him in. But I had previously met with a senior teacher and really liked her and thought her highly professional and diligent. I said as much (and much more about her) to the judge. It had a couple of effects - firstly the judge could see that I totally and utterly respected this teacher and her professionalism (in the Judge's written formal Decision after the hearing, the judge commented heavily on my praising of this teacher), so it was clear to the Panel that that my rejection of her school was not personal from my side. Secondly, it relaxed the teacher during the hearing so despite her appearing for the other-side, she was relaxed enough to give evidence that undermined the LA's position.

As well as stating in the Judge's Decision how much I commended this teacher, the Judge herself personally praised this teacher as being a highly commendable witness (the fact that no-one else on the LA's side was praised in such a way was glaringly obvious to me - but probably went straight over the heads of the LA bods!).

Fortunately, the Tribunal went our way so my DS never did end up in this school, but if it hadn't and DS ended up in her school, because of the way I treated her during the Tribunal, I'm sure her and I could have had a half-way decent professional relationship with regards to my DS.

With your advocate saying that you'll be lovely to the school during the hearing - that's all the better if any praise comes directly from your mouth, not the advocates.

I fully intend to open my oral evidence with my support/praise for the school and some kind of indication that our appeal has nothing to do with not being happy with the school.