Taking childs views for tribunal help needed ..... again!

[bjkmummy]

i know I should be old hat at all of this but yes after 4 weeks of silence and the LA doing nothing that they said they would today I got an email instructing me to contact PP myself and arrange a time and date for dd views to be taken - oh and I have to ensure all of this is done by 12 noon on Friday (they are not bitter are they about the judge ordering costs to be paid by 12 noon are they?)

anyway - I actually have a life and due to 3 kids with ASD, a husband who works etc I cant get her there between now and Friday.

the urgency is cos the LA have to respond by Monday and left it to the last possible moment - they've had weeks to do it and my hope of them actually working with us now out of the window as they clearly intend to fight it all the way.

in the last tribunal there were over 100 pages of her views, every report gives her views, what do they want her to say? how many times does she have to say it before they will listen to her ?

my plan is to get her to write her views using the heading from the template the LA use and email them to the LA cc in the tribunal saying to give me less than 72 hours to organise something you have had weeks to do is neither fair nor right but in the spirit of cooperation here are her views - again.....

I guess my concern is the LA will try and bleat to the tribunal that I am being unreasonable so please tell me that I am not being unreasonable.

Are her views now the same as they were last time?

HER views are for her only to give, and no-one has the right to 'take them'.
You could point that out.

You could also point out that despite her views, the LA paid no heed. You have the evidence.

You can say that you will ask her if she is prepared to repeat herself, or whether her views have changed, but if they have not, you expect the LA to accept the views she has already given, a number of times. If they have changed and she is prepared to 'give them' you will get her to document them and send them in.

thanks star and no her views have not changed and at the last tribunal her views easily ran into 50 plus if not more pages and already this time as we have kept her diary entries since the last hearing they are already running at about another 20 pages on top.

the letter says that the tribunal service requires the LA to seek the child views and then goes on to ask me to make the arrangement with PP for it to be done by Friday.

What letter?

The LA are expected to seek the views of the child. They are not expected to set the terms under which they are given. The views already exist. The LA already have them. You are happy to supply more if they want them.

Requiring you and essentially her, to dance to their tune to produce something additional to what they already have and what she has already provided is silly. You can ask them in writing, what exactly their issue is with the numerous views she has already given and why they aren't good enough.

It would seem reasonable to me, assuming her view haven't changed, to get her to write " my views have not changed" date this and send it in.

sorry star - the LA emailed me a letter demanding more or less that within 72 hours I present my dd to have her views taken at the local PP office as they have to send in their reasons why they are opposing the appeal on monday

Ah, just say that obviously you can't 'present' your dd within 72 hours but you will easily be able to resupply her views as she has made them so clear many times and you are sorry they appear to have mislaid their copy.

What you must do is make sure they don't have a reason to apply to the tribunal for an extension and blame you. Send them ample of stuff, plus written confirmation that they have ample stuff already, to head that off.

My only slight sympathy is that the dc's views are supposed to be taken by someone independent, so Action for Children do some, etc. Someone with skill in talking to children with SN is good practice

I would write back and say that you cannot get dd to pp, but it would be fine for pp, or action for children etc to come to dd. And say why you cannot do it

That gives a paper trail of you being helpful, and helping to give access to dd, just as a mum of many you cannot at short notice drop everything to get the LAs job done.

Good Luck

I'm not sure that's true Senvet. I know it has become standard practice in some places but I don't think there is anything that states this in the law, only that child's views must be sought.

I've always supplied my child's without bother, partly I assume, because it is the seeking that the LA is obligated to do, not the listening.

well I got her to do them at home and emailed them to the LA and also cc in the tribunal. also enclosed their letter of demand and also the previous 2 sets of views she has done.

had an email from the LA this morning gushing with thanks for me taking the time for them to be done. nothing to od with the fact they know I have copied the tribunal in then... don't think somehow this is the last I have heard of it though and tomorrow is Saturday...

Oh well thank goodness they have been accepted and you're over that hurdle. Plus you have the evidence that they have been accepted.

oh dear, it sounds really difficult. nothing constructive to add, but

carrot, don't you know, from carrots cut up into little batons, because that is oh so necessary