The hearing
The SEND Tribunal is currently receiving more appeals than ever before. As a result, hearing dates are being set very far in advance. In some cases, 50 weeks away.
When you are sent the SEND Tribunal’s registration letter it will contain details of the timetable for your appeal.
The registration letter should inform you of:
- the hearing date
- directions for when you and the local authority need to submit your evidence and any other important steps, such as the deadline for sending out the appeal bundle
- the fact you have a right to request the appeal be actively case managed by a member of the judicial team
You should read these very carefully and note the important dates.
Preparing for the hearing
At least 10 working days before the hearing you will be informed of the venue and exact time of the hearing. Be aware that hearings will not necessarily be held in a venue which is local to you so do check the location and travelling times.
The hearing bundle
You will be provided with a hard copy of the bundle in advance of the hearing (the deadline for preparing this will be included in the initial registration letter). The hearing bundle is a copy of all of the documents relevant to the appeal – all of the forms and evidence sent in by you and by the Council, along with any Tribunal orders or other relevant documents. You should carefully check it through to ensure that all of the evidence is in the bundle and no relevant documents have been missed out.
It is best to check the SEND Tribunal guidance on their website for the rules about what should be in the hearing bundle and how it should be prepared.
You should bring the hearing bundle with you to the hearing. Work out where key documents are within the bundle, so that when you’re talking to the judge you can tell them where to look for particular evidence.
Writing the ‘working document’ (SEND23)
A working document is the final statement written by the local authority and the parents or young person before they go to a special educational needs (SEN) appeal hearing.
It shows:
- changes to the wording of an Education, Health and Care Plan that each side wants or can agree
- any issues that the tribunal must decide at the hearing
No time is set aside for the parties to negotiate on the day of the hearing so the working document must be considered, prepared and distributed before the day of the hearing. The sooner the process starts the better.
The hearing
The hearing will be led by a ‘panel’. For most hearings, this will be two people – a judge and a specialist member with substantial experience of SEN and disabilities. In some cases there may be a third member of the panel, but this is not typical.
In the case of an appeal about a child being brought by a parent, the child is entitled to attend the hearing and the SEND Tribunal may permit the child to give evidence and to address the SEND Tribunal. The parent must inform the SEND Tribunal in advance that they intend to bring their child. Usually the child will come in and see the panel with one person from each side for a chat prior to the hearing. The panel probably won’t want to discuss the case with the child in attendance. The SEND Tribunal does not have facilities to look after children so parents must make arrangements for the child to be looked after or taken home once they have met the panel.
After the hearing
Very occasionally the SEND Tribunal may give a decision orally at a hearing, but generally they provide it in writing later. Either way, the SEND Tribunal must provide the parties with:
- a decision notice stating the SEND Tribunal’s decision
- written reasons for the decision; and
- notification of any rights of review or appeal against the decision; and
the time within which an application must be lodged
as soon as reasonably practicable after the hearing.
Generally you will receive the decision and reasons in writing within ten working days of the SEND Tribunal considering your case.
When the SEND Tribunal decides that the Council needs to amend an EHC plan, it will often order the Council to issue an amended plan in the form of a working document enclosed with its decision. If there appears to be a mistake in the working document write to the SEND Tribunal and ask them to correct this as an accidental slip or omission.
If the SEND Tribunal orders the Council to carry out an action (such as start an EHC needs assessment or issue an amended EHC plan), the Council must do so within the deadlines set out in Regulation 44 of the SEN and Disability Regulations 2014.
If the Council does not comply with these deadlines, you can use our model letter to complain.
If you are unhappy with the outcome, in certain limited circumstances you can appeal the decision of the SEND Tribunal.
Help you can get
You can also get free help and advice from the Independent Parental Special Education Advice (IPSEA).
Get in touch with us
If you can't find what you need, feel free to get in touch with us. Our opening hours are:
- Monday to Thursday from 9.30am to 3pm
- Friday from 9.30am to 2pm
We aim to respond to all enquiries within 3 working days.
Other sources of help and support:
Hertfordshire Local Offer
The Local Offer lets parents and young people know what special educational needs and disabilities services are available in Hertfordshire, and who can access them.
Visit the Local Offer →
Contact
A charity for families with disabled children offering information and advice.
Visit Contact →
HPCI
An independent parent carer organisation ensuring family voices are heard.
Visit the HPCI →
IPSEA
Independent information, advice and support, with free guides, resources and template letters.
Visit IPSEA →