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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1080
Experience:  Dual qualified Solicitor and Attorney
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It's a family law question Assistant: Where is this? It

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It's a family law question
Assistant: Where is this? It matters because laws vary by location.
Customer: Lancashire
Assistant: What steps have been taken so far?
Customer: We are at pre proceedings
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I have 3 expert reports done and just want some advice regarding me havibg these assessments done and the local authority knew I had dyspraxia and they haven't took that into account
Customer: replied 2 months ago.
I have had a cognitive assessment, physciatric assessment and physocligist assessment. The physocligist hasn't took it into account about my dyspraxia even though the local authority funded the assessments it turns out the expert doesn't have any expertise in dyspraxia , where would I stand if it went to court?

Hi thank you for your message, you would be able to argue that as the reports have not taken into account your disability they could be inaccurate. In addition, this could also be discriminatory practice under the Equality Act, if you were minded to do so therefore you could possibly use this to undermine the validity of the assessments. I hope this helps, if you could accept the answer and rate me 5 stars Just Answer will credit me for helping you today.

Customer: replied 2 months ago.
I have to be supervised with my children at the moment whilst assessments were undertaken, the physciatric expert is saying I'm not risk and I can care for my children she has said it's part of my dyspraxia but physocligist is saying I am a risk and doesn't mention my dyspraxia, the local authority have gone back to the experts to ask more questions and for each expert to see each others report. What sort of questions would they ask them
Customer: replied 2 months ago.
Both experts do mention dyspraxia but not in depth
Thank you for your message they would ordinarily ask clarifying questions about their respective reports so in this case for example in what way does your dyspraxia affect your ability to care for your children if at all? The experts might also compare reports and reach a joint conclusion. I hope this helps if you could please accept my answer and rate me 5 stars Just Answer will credit me for helping you today.
Customer: replied 2 months ago.
My solicitor has asked the question to the expert with what measures did she set out with regards ***** ***** dyspraxia diagnosis, and also what experience does she have with people with dyspraxia, if it turns out she isn't trained up what will happen?
Customer: replied 2 months ago.
Thank you for your message, if she isn’t trained up or has not taken this into account they may need to obtain a new report. I hope this helps if you could please accept my answer and rate me 5 stars Just Answer will credit me for helping you today.
Customer: replied 2 months ago.
Would they have the right to take me to court for care proceedings even though she isn't qualified and not taken into account how my dyspraxia could of player a part in what has gone on?
Thank you for your message, in relation to care proceedings Social Services have wide powers they could attempt to take you to court on the basis of the report regardless but that does not mean they would be successful. The fact there expert has not taken account of your dyspraxia would discredit the report. I hope this helps if you could please accept my answer and rate me 5 stars Just Answer will credit me for helping you today.
Customer: replied 2 months ago.
I could fight that in court ? Would they not get done for knowing I have dyspraxia and using one who isn't qualified in it or had experience.

Let me look into the implications for you in the interim could you please accept my answer and rate me 5 stars so that Just Answer will credit me for helping you today?

You could fight if into court it would be down to the judge to determine how much weight to give it but in my view it is a significant point in your favour. hope this helps could you please accept my answer and rate me 5 stars? In this way Just Answer will credit me for helping you today.
Customer: replied 2 months ago.
It could be my dyspraxia what is actually causing the incidents to happen in the first place. Basically when there is acute stress I behave and don't know how to show my emotions properly. They have put it down to stress but they wanted each expert to look at each others report. How long is pre proceedings normally allowed till?
I understand, there is no particular timeframe on pre-proceedings, by which I take it that no court order has been made to place the children in care. I am happy to respond to follow up queries but as I have responded to your original query and follow ups could you please accept my answer and rate me 5 stars? In this way Just Answer will credit me for helping you today.
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Customer: replied 2 months ago.
They wanted to take me to court back in January this year and then suddenly they said they was going to step it down to pre proceedings.
Customer: replied 2 months ago.
I have been at pre proceedings since 30th January
Can I check who downgraded to the pre-proceedings?
Customer: replied 2 months ago.
Local authority
I understand, yes unfortunately there is not a time limit on pre-proceedings and it can take awhile. You can make representations to the local authority about the length of time it is taking but there is no time limit.
Customer: replied 2 months ago.
How long does it normally take an expert to answer more questions
Well this should be set out in the document to the expert with the questions but it should be closely controlled weeks not months generally speaking.
Customer: replied 2 months ago.
It's been three weeks and my solicitor hasn't heard from the local authority regarding any questions yet
Ok, I would advise you to speak to to your solicitor about following up.
Customer: replied 2 months ago.
My solicitor has emailed the local authoritys solicitor today regarding what is happening and she is blatantly ignoring her!
Thanks for your message, the local authority will be extremely busy and unfortunately at this stage in the matter there is no opportunity to force them to respond.
Customer: replied 2 months ago.
They have just said they are sending me to court for care proceedings. They are applying to court. What can this mean out of the blue?
It would appear they are looking to take things further maybe apply for a care order but this is conjecture at this stage. I would advise you speak to your solicitor. As we have discussed you have a basis to discredit there experts report.
Customer: replied 2 months ago.
Can they be rejected by court? They haven't even sent the questions to the experts and contacted our solicitor today to say applying to court for my partner to have the children

Yes that is a possibility however, you should discuss this with your solicitor.

Customer: replied 2 months ago.
Okay I will do. On what terms do courts normally reject cases

If there is no basis for the case. As I have now answered your initial query and several follow ups, if you would like to follow up with me then please post a new query requesting me and I will respond.

Customer: replied 2 months ago.
How can they suddenly change there mind after telling me last week that they their questions ready for expert. And how do I add you in another query?

Hi thank you for your message, you should be able to post a new question when you login. if you search for me when you post the question you should be able to request me.