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Original poster

PANIC!!! the LA have lodged their application for an adjournment

31 replies

bjkmummy · 23/04/2014 11:50

same grounds as before - witness cant attend due to the SATS etc etc.

application handwritten as sen officer cant use email. they've done it yesterday and then by the looks of it they have posted it (note they've sent it second class to me! thankfully it came today!)

no mention on it at all that they have spoken to me or that I have objected.

just spoken to the tribunal service and they say that when they get it they would not adjourn it without speaking to us first to get our views then a judge would then decide.

they've adviced me to email my objections to them so I need to do that although I guess I don't need to panic as nothing will happen until the tribunal service contact me but guess I need to get on with it.

deffo cancelling the social worker visit now...... but will wait a few days so they don't try and immeadiately connect the two and think im panicing - which I not (well maybe a bit!) its now just the blooming uncertainity of it all that's stressing me out

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EasterTOWIEbunny · 23/04/2014 12:10

Lodge your objections asap. Don't wait for the tribunal services to get back to you. Request that your objections are placed before the judge as soon as possible.

If you wait, they may decide without you because they won't realise the stength of your objections.

Original poster
bjkmummy · 23/04/2014 12:24

im just having a huge wobble that my reasons for objecting will be enough - my worryis that the LA will argue that the teacher is needed to attend so that she can answer the tribunals questions etc although they haven't put any of that in the application just that she cannot attend

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pannetone · 23/04/2014 13:15

How stressful bjkmummy - yes, I agree get your objections in to the tribunal ASAP. Your objections include that it's not in the best interests of your DD to adjourn, don't they (as well as the obvious difficulties for you)? Because my application (to withdraw my request for a later date) was allowed because the judge decided it was in my DD's best interest for it not to be delayed. It should be the child's needs that 'trump' other considerations.

StarlightMcKenzie · 23/04/2014 13:17

Oh ffs!

Your email needs to be non-emotive and clearly set out the ridiculousness of the situation.

Make sure the tribunal understand that the LA are only clutching at straws at this late stage, as a direction to do an assessment is inevitable given their lack of evidence, lack of reasonableness, failure to plan, disorganisation. This chaos only furthers your case for a full assessment as they cannot possibly know your child's needs next week if they completely missed SATS for an entire year group.

StarlightMcKenzie · 23/04/2014 13:18

One reason a judge will rule in their favour is to ensure that any decision to order an assessment cannot be challenged in law by the LA for not doing their job properly.

Original poster
bjkmummy · 23/04/2014 13:19

hmmmm the social worker has just emailed me and asked if she can change the date to the day before the tribunal hearing............... I think I will be unavailable..........

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StarlightMcKenzie · 23/04/2014 13:24

The tribunal judge can summon her to attend. That is something you can mention, though do it lightly rather than demandingly.

StarlightMcKenzie · 23/04/2014 13:25

wtf?

StarlightMcKenzie · 23/04/2014 13:25

Who does the social worker want to see?

StarlightMcKenzie · 23/04/2014 13:30

It is stressful because the judge 'could' agree to the LA, but the reality is that it is unlikely and the LA are just trying it on.

Original poster
bjkmummy · 23/04/2014 13:40

the thing is star that the LA in their case progression form I think it was stated that they would be happy for the tribunal to be hear on the papers only so in fact they would have been happy for no witnesses to attend anyway - plus the teachers latest report which im trying to submit as late evidence clearly shows she has regressed

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Original poster
bjkmummy · 23/04/2014 13:41

my worry is that the delay will be used for the LA to get an EP report - but then I need to take a deep breath as I would go for an indie EP report but if the delay is a month or so then I could be screwed although I could get her straight back to dyslexia action and do another updated report

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Original poster
bjkmummy · 23/04/2014 13:44

sorry star - the social worker - I have two sons with ASD who get direct payments for respite. im due my 6 month visit from her to see how things are going etc. she contacted me yesterday and I emailed her and she was coming next week. shes now emailed saying can she change it to the day before my hearing - she works in the same office as the SEN team. last time I saw her at a transitions thing for my elder son I was really cheerful etc knowing it would go straight back - the next day I would get one of my little 'visits'

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Original poster
bjkmummy · 23/04/2014 13:46

in my eemail to la last week saying I objected I mentioned that they could witness summons here . in my email now to the tribunal Ive copied in the LA email and my response last week so ive kinda covered the witness summons issue lightly and carefully and will leave that for the judge/la to decide if necessary.

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bochead · 23/04/2014 13:47
  1. The social worker can be politely asked to come the day AFTER the tribunal hearing as you will be preparing your notes. Do apologise sweetly in writing and ask her if she's able to be a witness on YOUR side (on the original day - being called on your side should make her run for the hills!)
  1. Email the Tribunal directly - point out the school has had months to organise a supply teacher to cover, that if they delay it's only giving them opportunity to pull the same stunt in a couple of months. Also point out it's a tribunal to assess only - any further delays are causing a direct loss of education for the CHILD as it's a further delay until she can expect any actual educational support. Request most grovellingly that she is summoned to attend.
StarlightMcKenzie · 23/04/2014 13:49

Just put in your reasons. Say you are happy for the tribunal to be done on papers only if that makes things easier for the LA.

Keep it simple and do bullet points of your reasons.

I wrote to the tribunal judge and gave my reasons for not doing a nonsensical telephone hearing about irrelevant stuff, called for by the LA and very willingly agreed by my solicitors and barrister Hmm.

The judge agreed with me. (In my case the LA said they weren't sure if I was living where I said I was Hmm and they wanted to ask me directly. I pointed out that unless the judge was going to do the hearing in my house his presence during this 'dispute' wouldn't contribute, and that if the LA were unclear about anything they could try calling me or writing to me at my address'.

Original poster
bjkmummy · 23/04/2014 13:59

as I was drafting it star I did think should I just go for a hearing on the papers...... that kinda fills me with panic I guess as I suppose it put things out of my control and I think the deep rooted fear is that this has been to the magically panel before and they said no and I fear the tribunal would do the same. the logical part of my brain of course says don't be so bloody stupid but does anyone know how successful a case on the papers alone would be?

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Nennypops · 23/04/2014 14:23

You need to emphasise that they asked you about this over a week ago and have delayed in putting in their application, and the fact that they've left it to the last minute makes it all the worse. You could also refer to the second class post issue which is really very unimpressive when it's such a short time to the hearing.

You should definitely point out that they were happy to deal with this on the papers so can't have been that bothered about having their witness there.

Otherwise - what everyone else says, plus the fact that the teacher would only have to be out of school for half a day or even less (maybe her evidence could be taken right at the beginning so she can go back early?) and the school must surely be able to function without her for that length of time.

Original poster
bjkmummy · 23/04/2014 14:53

ah well nothing more I think I can do or say now after taking all of your advice on board - time to hit the send button as I need to go out and wont be home now until 9pm

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StarlightMcKenzie · 23/04/2014 16:36

I think (and hope) that this is all but tedious admin!

Good luck.

Hope you are off doing something nice.

AgnesDiPesto · 23/04/2014 18:56

Don't worry I'm not going to say I told you so. They can do a refusal to assess without the teacher as they can explain what provision is available without a statement in all their schools, an EP can give this evidence if necessary. Besides the whole point of refusing to assess is that the LA is so certain about your child's needs and that they are being fully met there is no need to investigate further so they should be able to point to the evidence they relied on when making that decision Wink. Just email the sw some dates that are convenient for you.
Always reply direct to tribunal don't assume they will contact you or LA will send you a copy of application, we found out about several applications because our advocate kept ringing up and checking - the LA made about three and didn't send us any!

Original poster
bjkmummy · 23/04/2014 21:22

ive done my response - just got back in - my daughter been to a siblings group at her twins indie school so been a manic evening dropping two asd boys off with a carer then and hour and 15 mins drive to the school to wait for 2 hours to travel back, pick up the boys and finally home. im exhausted - just sat and ate the biggest cream donut you have ever seen and now for the can of lage

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StarlightMcKenzie · 23/04/2014 21:31

Mmmm, a can of lage

Original poster
bjkmummy · 23/04/2014 21:38

whoops lager even although ive not made it to the fridge yet to get it......

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Original poster
bjkmummy · 25/04/2014 21:05

I phoned the tribunal service today - they have received the LA application and my response but no decision has been made yet so another weekend of waiting ahead for me

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