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LA application to adjourn/postpone the tribunal is ......

41 replies

bjkmummy · 01/05/2014 15:52

Refused Smile thanks guys - couldn't have done without you guys..... Now the hard work begins in getting ready. So all the LA have now is the sen officer and that's it, no reports nothing.

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ouryve · 01/05/2014 16:02

Nice one!

StarlightMcKenzie · 01/05/2014 16:03

but of course. Now you know at least you've got a sane Judge!

StarlightMcKenzie · 01/05/2014 16:05

For sure the LA will concede.......and then issue a NIL Sad

They will claim they were forced do an unnecessary SA due to insane judge.

StarlightMcKenzie · 01/05/2014 16:08

It's not guaranteed that you'll have the same judge btw, but it is likely.

SpringTOWIEDaffs · 01/05/2014 16:10

Yay! Common sense has finally prevailed! One nil to you, BJK

Star - the judge who refused the adjournment might not be the same judge on the day of the Tribunal. They tend to grab whichever judge just happens to be kicking around.

Did the judge give their reasons for not allowing it?

StarlightMcKenzie · 01/05/2014 16:13

They do Towie but the closer to the tribunal date the 'request' the more effort they put into assigning said request to the judge who will be overseeing it. Plus at this short notice they actually know which judge it will be.

bjkmummy · 01/05/2014 16:16

I've not had the order yet, just phoned them and they've told me. The order is waiting to be issued so will probably get it tomorrow. My LA probably know already as bet they've been phoning on the hour every hour. They did say until the order is offically issued it could be changed but i expect that would be very unlikely now. I know that this is going to be a nil and even if it isn't no doubt any statement issued would need to be appealed but its one more step forward. Just makes me mad that they've caused all this chaos. The LA now I suppose need to decide whether to continue without her or put pressure on her to attend which is going to be interesting as its an academy plus its not even in the home LA so in reality the LA don't have a stick to beat the school with - oh dear Smile

However we all know my LA , I expect there's one more roll of the dice coming my way........

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StarlightMcKenzie · 01/05/2014 16:21

Aw, - so sorry you're going through this stress.

AgnesDiPesto · 01/05/2014 16:24

Hurrah!! I bet they try and call a late witness - probably the Head of something…SEN, Head EP…Head dyslexia services… to talk about what their mythical service can offer.

AgnesDiPesto · 01/05/2014 16:25

Oh! just read its not in their LA, so they can't even call the head of service of that LA, ha

StarlightMcKenzie · 01/05/2014 16:27

Ha!

What about headteacher of the school?

StarlightMcKenzie · 01/05/2014 16:27

Has there been a secret assessment (or will there be?)

bjkmummy · 01/05/2014 16:35

Head teacher off sick, my LA don't have any specialist teachers , the other LA does but the school has so far chosen not to call them in but then I do have my own specialist teaching reports from someone who has taught her. Other LA specialist teaching cost £95 per hour, school whole sen budget 5k per year so she can't access it without an assessment /statement.

The only person my LA could call in would be the LA EP but they would have to get my permission to do that and he has never seen her before and again she's out of county and as I've 'refused' to allow the school to call in their LA EP until after the hearing (stil awaiting them to send me the permission forms 6 weeks later) can't see the school EP going in either, my daughter has been briefed as well .

In one of the emails re the application to postpone they did copy in the LA EP so that makes me curious, they called him to my last tribunal even though he hasn't seen my son for a year. I guess they could call the head of sen but this is now so late in the day and would be interesting to see one of the LA directors at the hearing. They are now in a difficult position but I bet you they still do not concede.

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StarlightMcKenzie · 01/05/2014 16:39

Okay. I reckon either their EP (most likely) to whinge about how you didn't give access, or their own EP to do some similar whinging.

bjkmummy · 01/05/2014 16:48

Well the letter I wrote about school LA EP has never surfaced or been out into evidence so don't think my LA are even aware that the school offered to call in the EP form their LA. will take the letter with me just in case though.

I think what will happen is that the home LA EP will try and see her - there has been no mention ever made to date that he wanted to see her. I expect a flurry of calls tomorrow and on Tuesday to get my permission - I won't be answering my phone!

The teacher could still go , they could get her to write another report i guess but given she has only just done one not sure what else she could say that could damage us in reality.

I honestly think my LA is that bloody minded that they just expected that it would be adjourned and I bet the sen officer has already pencilled something else in her diary for next weds! They are in for a shock if she has!

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pannetone · 01/05/2014 16:56

Glad to hear you have a small 'victory' today bjkmummy - hope it will be the start of many victories against your bonkers LA Grin!

nennypops · 01/05/2014 17:19

Hooray!

I'm sure they'll try to pressurise the SENCO, but if it's not an LA school they've got problems, as it's too late to apply for a witness order.

They don't need your permission to call the LA EP as a witness but, as you say, it sounds like it would be a waste of time if she's never seen ds. If they had any sense they'd concede, but it doesn't sound like your LA has any sense.

bjkmummy · 01/05/2014 17:46

the tribunal people said earlier in the week that they would email the order as so late but no sign of it yet so im guessing it will come in the post tomorrow so that when the LA will get it as well, Monday is a bank holiday which then leaves Tuesday although I do have a feeling my LA will have been on the phone to the tribunal chasing it as much as I have so may well be already aware of the decision that has been made

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StarlightMcKenzie · 01/05/2014 18:21

I don't think your LA will have been chasing the tribunal bk. Don't think for one minute that any of this is as important to them as it is to you. This is one of the reasons why they waited so late and got into such a pickle about SATS etc.

2boysnamedR · 01/05/2014 19:39

Horay! Don't worry to much about getting a nil, it's just time wasting. It's a step closer. Like climbing Mount Everest! Refusal to asses, nil, crappy statement, final assent.

Keep climbing! You will reach the top, I still don't even have a appeal date, sendist leter went in two weeks ago

AgnesDiPesto · 01/05/2014 21:48

forgot it was Bank Hol, thats one less day for them to plan anything. I wasn't thinking the EP would actually see your child just that they might try and apply for someone to talk about services avail mainstream schools generally. My LA started with the Lead EP and Head Autism Service to come and talk about how wonderful their service was - neither of whom seen DS. They then tried to call the Head SLT too but tribunal refused on basis she had never met DS. They then realised their error and replaced witnesses at last minute with ones who had seen ds. You should be notified any applications for changes but don't count on it.

bjkmummy · 01/05/2014 21:57

i have in writing from the LA that they have no dyslexia teachers. all secondary schools are now academies - they don't know if any of the secondary schools employ a dyslexia teacher so theres not a lot the EP could say really - he would I guess avoid the question that specialist teaching would benefit her but as he has never even met her he is going to be very generic and if he has time to sit and waste sitting in a tribunal all morning surely would be better spent agreeing to assess and then as well know they will issue a NIL anyway but this is my LA

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KOKOagainandagain · 02/05/2014 06:54

Good news bjk. Smile

DS2 also has a different home LA. When I didn't consent to a change of date for hearing the LA conceded. Might still issue a NIL but talk since has been about the timeline for the proposed, final etc. They seem to have changed their mind since their own EP assessed for SA and now say he was only refused because the school painted such a positive picture in their reports.

Keep going, you'll get there in the end. Smile

nennypops · 02/05/2014 07:45

Where is your hearing happening? I heard about a case recently where the LA tried desperately to get a Londonhearing adjourned because of the tube strike. I think the tribunal told them to get lost.

bjkmummy · 02/05/2014 09:20

I'm in the midlands so no tube here :-) nice try by the other LA though!

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