HELP - 3 weeks to tribunal and LA are trying to seek an adjournment

[bjkmummy]

just had the email - the reason is the only witness is the senco who is also the sats co ordinator so she cannot attend our tribunal as she needs to be in school - the head teacher is off sick - the only other teacher has just left and a new one starts after easter - the teacher was asked to be a witness on 26/2 so has known for a long time when the date was - I can evidence this as well plus when the LA sent in their response to tribunal they named the witness so she has known a long time - I think the witness just doesn't want to do it - understandable I know. the witness wont be available until after 19th may - so in all likelihood this isn't going to get to tribunal until sept 2014 .

I am going to oppose it obviously but not sure how to word it the LA say they have only found out today which is strange as the school is on holiday now but guess they school sent a letter on Friday on the last day of term and the LA now only just read it. im mad at the teacher as well but my main concern now is where will I stand? she is the only witness so the LA will I guess have a strong argument for her attendance but she is giving evidence against us.

im sooooo stressed - got myself geared up for the final fight etc - got two boys with asd so changes is not easily ie childcare etc to cover it and what excuse will it be next time

my other thought is that if the LA are so reliant on her to attend then why not just witness summons her??? if anyone can help me word a response I would be really grateful. its also strange how they now do this on the day I have asked for late evidence re the letter from the class teacher which shows how far behind my daughter really is.

Don't panic both sides have to agree and then it is submitted to tribunal. The courts service won't be able to use the allocated resources this late in the day. It is not unusual for school staff, who are the main witnesses to be 'unavailable'. This is a good sign.

Just say you have already made work/child care arrangements and can't change them at short notice.

it makes sense now why school offered the EP the other week now - think they hoped that if I took it then I would back down over the tribunal as if I was only doing it to get an EP assessment done which is not the case. I will oppose it obviously as its just not fair - this isn't as such a valid reason. the senco could have said in feb yes I will be a witness but sorry those dates not good not wait until now 3 weeks before. you are right keep - the senco has cold feet and at the end of they day this is a different LA to the one the school is in. its a refusual to assess so she could just come give evidence and be excused if needs be

How many staff are there in this school? It seems incredibly short-staffed. Is there a deputy head? I don't understand why the school is totally unable to release her before 19th May - I know she's SATs co-ordinator but surely it's not that massive a job; what would they do if she was off sick? It's only going to be half a day, FFS.

I'm afraid it's not the case that both sides have to agree, the tribunal can still make the order if one side doesn't. However, I agree they won't be keen on adjourning at this stage.

I think you need to make quite a big deal about how your child will potentially be prejudiced by any delay. I think if this was adjourned they would try to make the hearing this term, but it is always difficult for the tribunal to juggle this term because they are so busy with change of phase appeals. But even if it is the end of May, if you got a decision in your favour in, say, mid June, they still have to do the assessment which will be extended by the summer holiday so there would be considerable delay before any statement is issued, if in fact they go for that. You can therefore say that it is really urgent that your child's SEN are properly assessed and provided for and he will be prejudiced if that doesn't happen ASAP.

You could also suggest that, if it's really that much of a problem, the teacher could submit her evidence in writing and/or they could take it by phone. Sometimes they will set up speaker phones for that purpose.

the school is tiny - there is a head who is off on long term sick, there is my daughters class teacher who holds the senco/deputy head/ class teacher and teaches year 3 - 6 - then there is the infant class - that teacher left last Friday with a new one starting after half term so there are only 2 teachers . like you say what would happen if she was sick - reckon that could actually happen on the day - I think the LA are also playing a game as well by doing it just as the schools close so will argue they are unable to contact the school etc. the class teacher has submitted written evidence already

also just too clarify my tribunal date is the WEEK BEFORE the sats date so isn't on a sats date - they are saying she needs to be 'in school to deliver SATs preparation during the week prior and during the week of the hearing'

Then like I said the SATs take place the week AFTER my hearing

Fgs!! Its only 1 morning or afternoon. The poor yr2's and yr6's will have been rehearsing for sats since september anyway so I expect they will be glad of the rest!!

I would say no due to the arrangements you have made!

They've known what the hearing date was for ages and can get a supply teacher into cover her for that afternoon in school. For such a small school with so few candidates, she doesn't have THAT much sats prep to do! Nobody in any job is totally indispensable ffs (unless the co-pilot has just has a heart attack on a mid-atlantic flight).

Just say moving the hearing date back merely delays your daughter's support being in place in a timely manner and that you have made arrangements already for childcare etc for that day. If you agree to this ludicrous request, you'll only have to listen to some other silly excuse come September. It's not your fault if the silly sausages didn't realise you were serious about seeing this thru' to the end, despite all the home visits .

The tribunal have the right to refuse a request to delay or to accept it from either side. They are busy professional people, and expect to grant a delay only in the event of something awful happening to a participant like a genuine bereavement etc, the facility was never intended for silly buggers. Let the powers that be ask the school why they didn't make provision for someone to attend months ago as imho this comes under the banner of "not Mum's problem actually".

Hang in there as the barrel really is being scraped now!

FFS what is wrong with these people! They really are scraping around for excuses!

Agree with the others.

State about childcare - and stress that your other two children have severe SENs so swapping childcare days/providers etc is not an option.

State that if the teacher can't attend in person, she can submit a report. You've had to submit reports and are relying on written evidence, so they can to.

State that this delay is unacceptable to your DD because your indie reports have highlighted several areas of severe difficulty, indicating that she needs proper provision asap. State that the gap between your DD and her peers is widening. State that an adjurnment would have a detrimental impact on her education.

They are a nightmare!

so I guess I respond back to the LA and tell them no way am I agreeing - I guess then the LA will make an application to the tribunal - just wondering at what point I will see the application and at what point I need to address the tribunal as well or I could respond to the LA email and CC in the tribunal - I just don't know what the right protocol is. the La haven't mentioned anything about me serving late evidence which ironically is a report from the class teacher!!!

How have the LA notified you? Is is just an informal email or is at an official Tribunals Service "Request for Changes form". Who else was copied into the email?

Hmmm inTeresting towie. It's just an informal email from the LA but interestingly they have copied in the EP - the EP who has not seen her and somim wondering why at this late hour is he now being copied in .......

If it's an informal email, then I would totally ignore it for the time being - don't reply. The minute it becomes an official "Request for Changes", then you'll have to respond very very quickly to get your counter-argument into the Tribunal before they consider/allow the LA's application.

By ignoring this unofficial email, you might gain a bit more time before the LA have to do it officially. By which time, hopefully the Tribunal will see sense because it's too short-notice and so will not allow it.

They've asked that I respond as soon as possible - by ignoring them am I leaving myself open to being criticised as the la are going to say they have emailed me and left messages on both my home and mobile number. I'm intrigued now why they are copying in the EP

Hmm. Yes, I agree, you'd better respond. But take your time - I'd time it to go Thursday evening at about 5pm. You need that time to write a considered response and to have time to state your reasons for objecting.

well ive drafted the email - now to see how long I can get away with delaying pressing the send button - and here's to tomorrow and how many phone calls I get about it whilst im trying to look after the kids - heres hoping they don't try and 'pop' round.

it doesn't add up about the teacher to be honest - I wouldn't be surprised if she told them weeks ago - this is exactly what they did last time and they sat on a letter for a month before serving it on final evidence day - doesn't add up that they are saying they have only found out this afternoon

Could you suggest to the LA that they get a witness summons? Then, if she bemoans the fact that she has to spend time out of school, you could subtly point out to her that one way to get out of it would be to tell the LA that she's changed her mind and she now really supports your appeal.

i did think about suggesting a witness summons nennypops - the email from the LA seems to be taking on board on the teachers reasons for refusal - whether the tribunal would accept that is of course a different matter - its frustrating as the teacher has known the date all along and staffing always going to be an issue when 2 teachers only in the school - the teacher really should tell the LA the truth and stand up to them - im also confused why the LA have suddenly decided to copy in the EP. in my email I have offered them solutions that others have suggested ie teacher submit her evidence in writng. im just frustrated that the LA seem absolutely determined to not back down given all of the evidence against them

well drafted my response but then been a manic day with the kids and getting ready to go on holiday that I didn't send the email today. obviously its of vital importance to the LA as well as heard nothing from them either and received nothing formal from the tribunal yet either that the LA have made the request. I know they maybe waiting on my response but im really surprised they haven't chased me given the absolute harassment I got about taking her views. I will send it though tomorrow morning as have had 24 hours to consider things now. I have spoken to ipsea as well and they think it is unlikely an adjournment will be given but of course no one knows which way the tribunal will ultimately rule. people are now getting dates for towards the end of Sept so I definitely don't want an adjournment

You would hope that, if an adjournment was granted (though you're perfectly reasonable for not wanting I to be), they'd use one of the numerous dates freed up by people pulling out of the process for one reason or another, rather than going through the whole 4-5 month cycle again.

well the bundle came today - the hearing is in the next city so its about half an hour away - and starts at 10am so teacher could go into school first come and give evidence and then leave. my evidence is 373 pages longs - LA is just under 100 pages and most of that is the school prospectus and Ofsted and their sen policy - evidence wise there is nothing in their part.

looks like the bundle has gone out before the tribunal have looked at the late evidence I sent so looks like that will have to be an application on the day.

I emailed the LA this morning - to the sen officer and also to the person who wrote the email. person who wrote it off until the end of april = heard nothing from the sen officer so doesn't look like any application will be made today which takes un now until next tues and just 2 weeks before the hearing. need to go through the bundle carefully at some point. can see some of the LA stuff is missing - wonder if the LA will even realise! but its also been sent by me as well as it was a letter I wrote and their response

Your LA are bonkers!

They are disrespectful of you, of the process and importantly your child. The amount of effort it must have taken to engage in their charade must by now have exceeded the cost of a SA.

Only a VERY dim judge woukd agree to an adjournment (sadly there are some) and in that case a simple letter from you telling them not to be silly will sort it.

You are right star, I did get a private OT report but saw the nhs one this week. Gave them my private report and they've agreed with everything the report says. They then discharged us! But then had a phone call today to say actually they want to do some work with her so I think they have more time to consider things so she has another appointment booked. The OT also made recommendations at the appointment which is good but the twist was that they said the referral had come from the Senco which was odd as I know she didn't do the referral - I have a feeling that at some point she has finally done it albeit very late after she said she would. Makes sense as we got two lots of OT appointment which confused me but now makes sense if there's been 2 referrals after all. We are all off on holiday tomorrow for the bank holiday so I am going to switch off, eat lots of chocolate and drink lots of alcohol and then see what ridiculous things happen next week as this soap opera continues.

I actually also think they may not make the application to adjourn - knowing how my LA they would have done it by now but then I could be wrong. They will also get the bundle today although that will be sat in a post room somewhere.....