SEND TRIBUNAL

[Hep26]

Completed SEND35A form and submitted 27th
August.

looking for current timelines etc?
My daughter was refused to assess because her support plan hadnt been updated by school. Seems so unfair. Provided lots of evidence

Any successful stories?

LAs lose over 98% of appeals so you have every reason to be positive about the appeal. I don't know timelines for paper appeals sorry.

Most people win refusal to assess. I'm not sure if current RTA timelines but LAs often concede as soon as soon as the appeal goes in.

Full ehcp appeals are out of control at a year plus these days if you need to appeal the final plan later.

the LA will latch onto any old excuse. Doesn’t matter, because the tribunal will only apply the legal test. There’s a good chance the LA will concede before you even get to tribunal. I submitted my daughter’s refusal to assess appeal in March and we were given a hearing date of late July but LA did concede. Good luck

RtA are currently taking 3-4months which is lightening fast compared to 18months for contents/placement appeals..

Thankyou all, the LA applied their own policies. Wish I skipped mediation- total waste of time!

Its awful having to wait about. Have to apply for secondary school soon 🤢

LAs often use mediation as a delaying tactic.

Don’t worry about the LA’s unlawful reason for refusing, SENDIST will apply the correct test.

You are looking at about 4 months.

How long did it take for LA to concede after submitting the form?

@Hep26 with my first child 3 years ago, must have been as soon it was received. This year with my second child - they actually opposed the appeal at the last minute, I spent a stressful 10 days getting additional evidence and writing a statement which I submitted as final evidence. At that point I thought we would get to tribunal hearing. I sent the LA a very strongly worded email about the strength of the evidence and they took it back to panel, formally conceding after about a week. So it was much harder the second time round. But the legal threshold is low, and they knew they wouldn’t win the tribunal. It was all about delaying. Good luck with your appeal xx

It is very stressful. I am pleased you was successful. Fingers crossed we get the same outcome. Thankyou