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Judicial review of SENDIST tribunal - oral hearing, any experiences?

(3 Posts)
babiki Tue 14-May-13 21:13:44

Next Tuesday...Apparently it is quite rare to have an oral hearing, I can't really understand what is the judge's agenda here - it will be in front of the same panel.

Tribunal was against decision not to asess. I can't work out if the judge wants to cover his ass (we applied to Upper Tribunal as well as he declined it) and will argue his decision stands or if he thinks he might have made an error of law and wants to fix it..

The contestation is around funding (preschool) and O.T provision.

So bloody confusing.

I'm not even sure if the judicial review finds there was a mistake, does it go back to SENDIST, with THE SAME PANEL? Or can they change the decision?

inappropriatelyemployed Tue 14-May-13 22:54:22

Is this a judicial review at the High Court or a review of the decision by the panel at SENDIST?

The latter is not a judicial review but a review by the Tribunal to see if they need to alter their judgment.

But you also say you have had an appeal to UT declined. So I am not sure what the purpose of this review is?

babiki Wed 15-May-13 09:01:33

IE, exactly -I don't get it either. It is review by Tribunal - sorry for the confusion.

The judge asked LEA for more evidence in written form and then decided to do oral hearing...Really weird.

We have still applied to UT for permission to appeal, altough the original judge declined at First Tier level.

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