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Adjournment - some one help please?

59 replies

2boysnamedR · 11/10/2014 16:53

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?

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bjkmummy · 14/10/2014 00:07

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

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bjkmummy · 14/10/2014 00:13

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

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2boysnamedR · 14/10/2014 00:36

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.....

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bjkmummy · 14/10/2014 06:50

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

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2boysnamedR · 14/10/2014 18:47

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

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Icimoi · 14/10/2014 19:04

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.

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2boysnamedR · 14/10/2014 21:51

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.

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2boysnamedR · 14/10/2014 22:57

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)

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bjkmummy · 14/10/2014 23:43

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

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