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Original poster

another day another letter and on it goes......

41 replies

bjkmummy · 19/01/2015 12:27

so lodged my objections this morning about the barrister and the sen officer being an observer.

today we get a letter dated last thursday ( so deffo been held back) to say that they are now calling the LA eP so now they want 3 witness, sen officer and a barrister - now feeling slightly over the top the LA behaviour

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2boysnamedR · 19/01/2015 13:40

Sounds so much like my tribunal

WintersDayTOWIE · 19/01/2015 13:41

They're running scared. It's because you've got a track record of 100% success - they're panicking and throwing everything at you now.

Original poster
bjkmummy · 19/01/2015 14:00

I know towie but doesn't help me feeling slightly overwhelmed about it all - I know the evidence is good and he hasn't seen her since June so what is he going to say - how did his miss the dyscaulcia? he spent 30 mins with her and did 2 tests which showed she was only on I think the 2nd centile so he cant even argue academically she okay and his report is totally unspecified and unquantified.

if they are panicking my other fear as well is that the LA EP tries to see her again - im going to say no as she wrote a long note to be a couple of weeks ago how she wants no one else to come into school and see her as no one so far has helped her - heartbreaking stuff

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2boysnamedR · 19/01/2015 14:34

But I told my school no more assessments without telling me first. They ignored it. I had a legal right to be there so complained. La rep said I had no right to complain until ipsea quoted my legal rights. Be careful here.

A few days before my hearing I said I was going to loose. I told ipsea. This is what they told me ( virtual slap round the face with a wet fish ;0)

" this isn't about you, what you want, what you feel. This is about your dc. You will do this and you will kick butt"

Not sure if that helps you, but it's just saying the la are putting pressure on YOU. You can choose to laugh at their pathetic tactics as all you need to do is close your eyes, picture your dd letter in your hand.

You can do this. You WILL do this

another day another letter and on it goes......
2boysnamedR · 19/01/2015 14:40

Visualise this.....

another day another letter and on it goes......
2boysnamedR · 19/01/2015 14:41

Sorry for lowering the tone on here. Childish thoughts kept me smiling on my big day

WintersDayTOWIE · 19/01/2015 14:46

2boys - I love what IPSEA told you!

Even if they (attempt to) do another assessment in the remaining time, it'll only show up what you've been saying all along. DD is not making progress - it fact it'll probably show up worse than ever because of her unmet needs.

Keep going - the final days are the worst.

billiejeanbob · 19/01/2015 14:59

Keep going BJK! The final days are the worse! I think their antics are a result of them panicking and knowing they don't have a case!

AgnesDiPesto · 19/01/2015 20:47

All seems fairly typical. Why do they always change their witnesses in the last week. Is it because someone senior (or the barrister) picks up the file and realises the case is crap? Or just to annoy and stress?
It can often backfire.
I really really hope the Judge denies the LA rep being in the room - or even the building!

Ineedmorepatience · 19/01/2015 22:01

They are trying everything to stress you out bjk Angry

Try to stay strong says the person who fell apart the week before tribunal Flowers

Icimoi · 19/01/2015 22:59

Agnes, I'm sure that's exactly why things change in the last week. Whoever has been landed with representing the LA suddenly realises it's their neck on the block and there's a frantic burst of activity.

senvet · 20/01/2015 00:15

If she was assessed last June she cannot be assessed again. She can be observed in class and the playground but not formally assessed.

If you are very nicey nicey, they may tell you or DC when the EP is coming.

May be an idea to book some dentist and eye tests to keep the time table erratic - any observations will be distorted by changes to routine???

How many days to your tribunal?

Also the fact that you have that note from your daughter is reason enough to query the usefulness of the EP observations,

Definitely get an email off copied to the tribunal saying that you have only just got the letter saying dates whatever saying that they are calling the EP. And could they please email future letters as well as sending them by post, as reliance on the post risks impacting on the fairness of your hearing

Do you have a full list of witnesses now?

BlackeyedSusan · 20/01/2015 00:24

I have no advice, but felt the need to get out the pom-poms and cheer you on.

Cake to fuel the fight.

senvet · 20/01/2015 00:26

...got the letter saying dated whatever which said they are calling the EP

sorry

Original poster
bjkmummy · 20/01/2015 06:48

my dd is unwell at the moment - she came home last night and went straight to bed so there is a likelihood she wont now be going to school. I have a meeting with her class teacher this afternoon.

I have emailed the tribunal again yesterday - the LA just sent a letter stating the EP whereas the tribunal had said any changes needed a request for changes form. ive got a really strong chance now of getting the sen officer out of the hearing.

everyone is saying they are on the run - I just have to stay strong - the case is strong , I have been here before and won so I can do it again.

they now have 3 witnesses, the sen officer and a barrister!

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Original poster
bjkmummy · 20/01/2015 06:50

oddly as well the letter yesterday came with a normal postage stamp on it rather than the usual franking machine - anyone would think they were up to something

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Ineedmorepatience · 20/01/2015 08:10

They are as slippery as a bucket of eels bjk!!!

2boysnamedR · 20/01/2015 08:20

It should have been sent recorded delivery. Sounds weird!

AgnesDiPesto · 20/01/2015 08:52

They won't be allowed 5 people in the room (or shouldn't!)

Hope your DD is feeling better (but at least she is out of reach of last minute observations!)

Original poster
bjkmummy · 20/01/2015 09:27

well it carries on - teacher last week said there had been developments and was winking at me and asked to see me today - school phoned to say the teacher has suddenly had to go to a meeting somewhere ( I wonder where???) anyway its been put back now to later today after school so babysitter organised - will be interesting to see what now the teacher will say - are we going to have bets on that she will be gushing what absolutely amazing progress she has made???

dd is at home today as well and I think we will keep it that way now.... if she is at a meeting today she can hopefully feed back that dd is ill. dd said she doesn't want to go to school as its too noisy in her class - part o fme is tempted to throw in the towel and home school her but I wont - ive come this far

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2boysnamedR · 20/01/2015 09:58

I kept ds off before the tribunal as has was assessed by la three times in three days.

My la had four witnesses plus rep and they asked for another. Six in total. It happens

WintersDayTOWIE · 20/01/2015 12:41

Don't you dare throw in the towel! You know what she needs ultimately so go for it!

They are on the run. It's ridiculous to have a barrister for a NIL - I can only guess that the SEN office is feeling very intimidated by you (good!)and has chosen to hide behind a barrister.

Without a doubt the teacher will be nobbled (sp?) by the time you meet with her. So just smile sweetly and tell her "see you in court"

Original poster
bjkmummy · 20/01/2015 12:48

no theres no way I would ever throw in the towel - that's just me having a moment of stupidity - no one who knows me in real life would allow me to do it as well as clear this case is overwhelming - even MS emailed me last night and said they are clearly worried. sendist are now showing their teeth and making it clear that an observer is not there to instruct counsel and the LA cannot have 2 representative effectively at the hearing. so will she grow a pair and change herself from observer to witness??? will she dare put herself in the firing line of a judge - we will wait and see

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senvet · 22/01/2015 00:51

You have a right to object to her as an observer. If you don't ask, you won't get.

If she has been closely involved in the case and there is any risk that she will put you off then say so.

The barrister doesn't need her support to keep help keep his nerves under control, and she can go and get experience in a tribunal where she is not so involved that she could put you off.

Just tell the tribunal that she is a shiver looking for a spine to go down

Original poster
bjkmummy · 23/01/2015 10:52

came back from school to find a package from sendist in the post box - its a further order now they received my objections saying that first order stands in the sense they will decide the observer issue on the day. nothing wrong with the LA instructing a barrister so late in the day, nothing wrong with the LA changing witnesses left right and centre as they said they were calling 3 (albeit one was tbc) when the case was listed they did it on the pretext LA were calling 3 witnesses so enough time for the case to be heard.

La now been sent my objections which I knew they would - also shows the LA emailed sendist last Friday morning re barrister but send mine by post so I wouldn't get it until Saturday - not sure when they have let them know about their other witness change but clearly its allowed so need to just 'let it go'

it just as a bystander feels wrong that the LA are perfectly allowed to instruct counsel so late. I accept they can do it but to do it so late feels wrong but the order makes it sound that nothing wrong at all in doing it which concerns me as this will no doubt be the tactic every time now my LA goes to tribunal - to move to call counsel at the last possible moment and knowing it will be fine to do so

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