The Tribunal will register the appeal in around 20 working days.

The parent/carer or young person will then receive a pack of information (usually an email) detailing:

• Date of hearing

• Case Directions (timetable of what will happen when)

• Right to request your appeal be actively case managed

• Case review form

• Request for Changes Form (SEND 7)

It is really important that the parent/carer or young person make a note of the dates in the case directions, these dates will be important and will tell the parent, carer or young person when certain things have to be done by.

 

Witnesses

The parent/carer or young person can request a witness attends the hearing.

If the parent/carer or young person would like a witness to attend it is important to know that the Tribunal normally limit the number of witnesses to 3 and will expect any witness to write a statement that will be submitted with the evidence

Witnesses need to be able to help prove a point that the parent/carer or young person are trying to make at the hearing

The parent/carer or young person can ask a witness to be summoned by the tribunal. Summons is sent to parent/carer or young person to serve to the witness.

 

Working document 

If the parent/carer or young person is appealing Sections B and/or F they will receive a Working Document.

This is a Word version of the EHCP being appealed. The LA will provide this once all evidence has been submitted.

The parent/carer or young person then mark up suggested amendments using the key and send it back to the LA.

The LA will then come back to you accepting what they agree, and they may suggest other amendments

This can happen numerous times, the idea is to agree as many amendments as possible before the hearing.

The tribunal will ask for the latest version of the working document before the hearing.

 

Working document key –

Normal type – original EHC plan

Underlined type/ Underlined strikethrough – Amendments agreed by both parties

Bold type – parents’ proposed amendments

Bold strikethrough – Parents’ proposed deletions

Italic type – LA’s proposed amendments

Italic strikethrough – LA proposed deletions

 

The outcomes for the tribunal are - Concede, withdraw or consent

Concede - LA can concede an appeal before their response date, this means they do not contest the appeal and the changes that the parent, carer or young person wanted are made to the EHCP.

Decision by tribunal – this is when the appeal is heard by the tribunal and a decision is made following the hearing.

Withdraw - Parent/carer or young person withdraws the appeal with the tribunals consent, this would be done by a SEND8 form.

If the appeal is withdrawn after the response date, then the LA will not be held to the time limits of completing the agreed actions so parents/carer or young person should ask for a consent order from the tribunal rather than withdraw.