Adjournment - some one help please?

[2boysnamedR]

Tribunal is days away - but not five days! My ep wants me to adjourn as I will have evidence on the day. Also my lea haven't done anything.

I want this hell to be over.

If I adjourn can the lea adjourn next time?

How long would a adjournment be?

[bjkmummy]

Keep going 2boys, it's nearly over now, this bit is the stressy bit but you are doing brilliantly.

[2boysnamedR]

I'm getting stressy now. I didn't realise this would freak me out so much.

I wish I could hide under a rock until I have the hearing.

Thanks for the help so far. It feels good knowing I'm not alone and others have walked this well worn path before me ;0)

[2boysnamedR]

I can live without my late evidence as I already have a indi salt report which was submitted in time. I don't know for sure anything will be accepted late - just been told by sendist it happens a lot so it's worth taking. If the lea refuse my late evidence I can refuse theirs - which would be all evidence from them. They can adjourn and get a slt in but if the adjournment period is four weeks they will find it hard as the nhs refuse to assess my son on the grounds he has no statement. They have no qualified slt at the school or working with my son in any capacity. He has also been assessed on quite a few speech scores this year so I'd be interested in what's left to use not breaking the six month / 12 month rule.

If they ask to adjourn to get time for reports surely a judge will see they have had six months and done nothing in that time? What would a extra month or so gain them?

If they do win a adjournment that will give me time to pursue his genetics and asd diagnosis so I will try to turn it in my favour what ever happens

I have wasted over two years of my life getting this far.

[Icimoi]

Who was it told you that late evidence would be OK? The tribunal clerks don't have power to allow it. You will have had directions right at the beginning of the process which told what all the deadlines were, and warned you that evidence lodged after a certain date (around 4 weeks before the hearing) might not be accepted. It is possible to get late evidence accepted after that date, but you have to lodge a Request for Changes applying for permission, or apply for permission on the day of the hearing.

If your SALT evidence still isn't ready, I see why your EP is concerned about this. If you produce it only a day or two before the hearing the LA might well object to it being admitted and/or ask for an adjournment to enable them to consider it properly and consult their own SALT.

That's not to say you should necessarily adjourn, but you need to think about whether you can do without the SALT evidence if the tribunal refuses to allow it, or will only allow it on condition that there's an adjournment.

[2boysnamedR]

Still heard nothing from school re who's going. It's parents Eve so let's hope no one has been asked and no one turns up as it's at 2pm in a big city 40 miles as the crow flys. They would miss school and be hard pushed to get back in time for parents Eve - in fact it would be impossible

[bjkmummy]

you can take the baby into the hearing - you could take her but would need someone to look after baby whilst in court. re what to wear - don't go in a power mum ie wearing a suit etc. I just work a skirt, top and a cardigan. my dh also went I think he just wore a shirt but he did wear jeans I think. it was good for us to go together as showed us as concerned parents and united rather than just a stressed out mum but it was good to have someone there to hold my hand and to listen as well and who afterwards could understand what I had been through. the hearing I have to say is the easiest part of this whole process - know it doesn't feel like that now but it is as you have such a big build up to it that its made into this terrifying thing with judges etc sat there but in fact the judges do everything to calm you nerves and as you are not legal represented they will do all they can to calmly guide you through it all

[2boysnamedR]

My ep has done many tribunals but I don't know her that well, she scares me :0/

What do you where to these things? Is it formal? I'm not very mumsy. But I have a new born, I could go covered in baby sick! I wanted to take bubs but I don't think I will able to take her in the hearing?

Possibly not a good idea to take my builder husband then.....

[bjkmummy]

and I agree don't go for the balls - on the day it is so hard not to be emotive and angry after everything you have been through but you must leave it at the door and at the hearing comes across as reasonable at all times. I had to sit there in the first tribunal whilst we accused of basically being crap parents - we just sat there and smiled, we didn't react at all. it was bloody hard but as soon as we went for a break we would let it all out in the room then put our 'tribunal' faces back on. I expected at both that the panel would throw the book at the LA - the reality is they don't, they allow the LA to have their say which is also hard to sit and listen to and they usually go first. but just sit, takes notes, look interested in what is being said and remember the 'reasonable' face

that said you do need to be prepared for whatever may be thrown at you - you have witnesses going with you so that helps - at my first tribunal my witnesses were fantastic as they were all tribunal savvy so were able to help me along - post it notes were definitely our friend on the day

[bjkmummy]

I think the above case sums up my case completely and how my LA have behaved - I fully intend to use it in mine. its also defiantely worth reading as it sets out the law quite nicely so shows what the tribunal will be looking at if you get to the actual hearing and there are also some excellent quotes to use from it - I best most LA wont have read or even are aware this case exists

[MeirAiaNeoAlibi]

Don't go for their balls though.
I did, and it was a mistake. Not mumsy enough, and we lost as a result

[MeirAiaNeoAlibi]

Go on, bring that case along as late evidence- having "helpfully" highlighted the above passages in all 15 copies

[2boysnamedR]

Even the school didn't get back to me. I won't be kind to who ever turns up in the day.

[2boysnamedR]

I'm not talking now. I have tried to fair and reasonable and to no end. Unless they telling me they conceed I don't want to hear it

[bjkmummy]

yes agree with fairgame - go under the radar now - they can email or wrote to you - I made the mistake before mine of taking a call a couple of days before and it was the LA solicitor and she was desperately trying to get me to agree to stuff that was completely wrong so in the end I just told her we are not going to agree, see you at tribunal and that call totally stressed me out - we were on our way to centre parcs as well! tribunal a couple of days later and they conceded everything they had been trying to get me to agree to just before we went into court so I would now not answer the phone - let them feel the pressure not you.

[fairgame]

Just leave it. If he really needs to get hold of you then he can email you (then everything is in writing). Make sure that you submitted the final evidence with the proper form so that they can't say you didn't do it properly.
Hang on in there, you've got this far!

[2boysnamedR]

I'm worried I shouldn't have called then maybe they wouldn't have turned up!

I'm not calling him back now. He knows what my late evidence will say. It's a life long condition. The lea assessed him - it's was 1% so what does he think will have changed? He hasn't read a word if the bundle

[bjkmummy]

well best he bloody concede then !!!! they do this in the final days really try to pressure you into their way of thinking - stay firm and strong - you have behaved impeccably throughout all of this and you now have them panicking and stressing about it all. I bet he had 'forgotten' all about you and now hes realised how majorly he's cocked up

[2boysnamedR]

Oh crap. He's sent me a shitty reply about my late evidence reminding ME of the evidence deadline!

I replied to him that sendist has ok'd it and now he's trying to call me. I didn't answer it

Cheeky £&@"!!

[bjkmummy]

I had late evidence allowed on the day - I did try to submit it early but it went to the bottom of sendist in tray so they just in the end returned it and said I could apply on the day which I did - I was savvy in that I gave it to the LA before the hearing so they couldn't say I had sprung it on them - it was my dd upto date levels so the panel needed it anyway and allowed it - just make sure you take loads of copies of any late evidence with you on the day as you have to hand one to each and every person who is there.

[fairgame]

Honestly you're not alone, we've all been through it as well.
Something seems to happen to schools as soon as you appeal. DS's school were always supportive and brilliant with him, i had a good relationship with them. However as soon as i appealed, and they knew i would and agreed with it was the right thing to do, they seemed to pretend i didn't exist. I asked them to attend the hearing and they refused, using the excuse that they had to be impartial. My solicitor said it was a ridiculous excuse and applied for a summons.
Throughout the whole 8 months, i can count on one hand how many times they asked how it was going. They seemed to avoid me in all honesty.
Once the LA and I had agreed to a placement i told DS's LSA straight away as was employed solely for DS so needed to look for a new job. He told the inclusion team that DS was leaving and they told him that nothing was concrete and it was all hear'say from me!! Cheeky bastards, as if i would make it up! The LSA hated the HT and inclusion team so he had no problem telling me what was said, especially as he was leaving anyway.
Even when i had the new statement with the new school named, they still didn't believe that DS was leaving because the LA hadn't phoned them and told them personally.
It was just bizarre behaviour and i don't know where it came from. For the previous 3.5 years we had all been working together, we agreed that DS needed a ss and they wanted him out so i don't understand why they were being like that.
The main SENCO was on mat leave during my appeal and she came back 2 weeks before DS left. She was lovely and asked how it had all gone and i think if she had been there then it would have been different.
My Mum used to worked in a school as an LSA for SN kids and she maintains that schools are most bizarre places with the most ridiculous politic ever and that's says a lot as she is a social worker now!

[2boysnamedR]

Can I just say this life and this process is so utterly crap. All other mums are worrying about if their child is going get first place in ballet etc and I'm down fighting at grass roots for my sons right to exist. I have to fight this totally alone because of others ignorance and refusal to accept his sen.

I am not ashamed of my boy. He has sen - I love him and I will fight for him until my last breath.

[2boysnamedR]

It's also just dawned on me how crap the school have been. We all know about the tribunal. But it's never mentioned. If I win and he gets a statement how can I work anymore with a school who are so blind and never supported me?

Your right I know I hold all the cards now. My evidence is 224 pages

[fairgame]

They might still concede and even if they don't you are better prepared for the hearing then they are.
FWIW my LA conceded at mediation on the Friday and the hearing was meant to be on the Tuesday (til we found out it was stayed ). It's a little game of who can hold their nerve the best. It's a horrible, shitty game but at the minute you have the upper hand. They don't seem to know who is even attending. Imagine them trying to scramble a few witnesses together last minute. These witnesses won't be very well prepared whereas you know your case inside out and back to front.

[2boysnamedR]

I didn't realise I'd feel so sick about this. It's really game over, they are not going to concede. They are going to shaft me on the day aren't they? I'm going out fighting. I have told them I tried to contact them to be reasonable but they never get back to me. That's it's been six months and I still haven't seen evidence or witnesses and I will object to adjournment. Going to phone deputy head now.

One last call then no more talking to anyone.

[fairgame]

That's good news that they will allow late evidence.
Don't chase the LA anymore, they know the deadlines. Hopefully the judge will hand them their arse when they turn up with no evidence and random witnesses.
Not long and it will be over