a small update on my tribunal

[bjkmummy]

no sign of the order in the post so phoned them - its not been sent out yet - however now a note on that the LA has contacted them and have asked that it is emailed to them so the LA do now know - its now flagged as urgent so we should get the email soon - im hoping sometime today so the waiting contuines - they are now also going to email it to me as well

bleugh. How to ruin a day with waiting....

Why does the LA want it? Are they thinking they can challenge the wording or sommat?

Surely however it is said it is still 'no'.?

Ime I have heard from the LA following meetings. Evidence has been known about for days, then meetings and then you are advised of outcome if necessary. But they can still concede on the day - I have heard of them conceding on the steps. At least it wouldn't cost you 5K for them to concede on the day at this stage. That still pisses me off

Even if LAs aren't made to pay costs to the parents (under the whole pretence that children can always get justice without any independents/advocates etc.) then they should still be required to pay costs to the tribunal service for their waste of public funds.

okay now received it - was emailed earlier and sent to 2 people at the LA - both admin peeps as the sen officer is hopeless with technology, just before it was emailed to me the tribunal service phoned and confirmed that the hearing is going ahead next week.

can anyone make sense or read between the lines here:-

the hearing is listed for a half day and is capable of being dealt with on the papers by a LA. in fact this is common practice for these type of appeals. Should the LA intend to rely on the evidence of the witness ten school will need to manage their staffing resources. in the alternative the witness can file a statement in writing or participate in a telephone call with the panel if required.

balancing the interests of both parties I do not consider that a delay of the hearing would be in keeping with the overriding objective. the problems faced by the LA are not insurmountable and the evidence can still be received. for these reasons I am refusing the LA application.

it goes on to say if anyone objects they must do it by 6th may but don't give a time so could be 5pm then on the day before the hearing.

Hmm I think that's a good notice and v favourable to you.

If the LA still try to object, then the judge has already said that the panel can do a telephone call with the witness. So the excuse that she's needed in school because of SATs really doesn't wash - she can give evidence via telephone from the school.

The LA should have come up with a stronger reason!

Stop messing about and get on with it?

I'd be very upset to receive that if I were a "professional", as the tone is rather harsh. (Or is it just us parents who go to great lengths to make all correspondence soft and fluffy).

I read it as 'ffs, it's only refusal to assess and hardly needs a Oscar performance from an A list Teacher who can give evidence in a whole range of other ways in any case'

It would be like a parent asking to adjourn because she has a job interview that day, or might miss a looked forward to episode of Jeremy Kyle.

it also commented on that I had said that the hearing was in the week before the sats as well and that we had two asd sons and had had to make arrangements for their care plus taken time off work.

the ironic thing for the LA is that the tribunal have basically taken everything that I have suggested they could do instead of adjourning it (which were all suggested by you on this board )

if the LA had just taken notice of what I had said in my response to their first email 3 weeks ago they would have had plenty of time to go and get things sorted with the teacher ie get another written report done or even attempt to get another witness and now they have run out of time.

there is of course still the teachers report that I need to get permission for to be put before the panel and I have a feeling if the teacher is asked for a report she will just regurgitate that.

but that all said anything could happen on Tuesday.......... and I truly believe something is going happen and its not going to be pleasant

nothing to read into it, bjk - it pretty much says tough shit, you should have sorted out staff cover sooner, so put up or shut up.

have missed my vocation in life

If there wasn't a vulnerable child at the heart of all of this, then it would be a comic farce!

Was the order signed by a tribunal judge or a registrar?

I doubt that the LA will try to get it adjourned again. That order really seems to cover all the bases and I don't see why another judge would say anything different, especially if it's only one day before the hearing.

just double checked it was a registrar rather than a judge - does that make a difference?

I suppose being a registrar, a judge could be more inclined to overturn a registrar (as opposed to a fellow judge).

I had the LA request a 4th witness 48 hours before Tribunal. Registrar refused LA request less than 12 hours before Tribunal. Judge overturned Registrar on the day of the Tribunal and allowed the 4th witness "in the interest of justice" what justice

So it could be overturned. But how? On the day? Oh you're all here but we're not going to run the Tribunal because the LA has objected? They could object, but, as the notice says, it could be done via telephone.

Now if the LA had said something like the witness as at a funeral or something, then it is more of a possibility. But being that the witness will be in school and therefore near a phone - highly unlikely!

I don't think a registrar would be quite that stroppy unless they'd run it past a judge for advice. Suspect the exact words wd've probably been more like ouryve's version.