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Here you'll find advice from parents and teachers on special needs education.

Do we need witnesses for a refusal to assess appeal?

4 replies

SpaceInvader321 · 15/12/2023 17:22

We're putting together our final evidence for our appeal against the LA's refusal to assess our child.

Do we have to include witnesses? DC's senco has quit and is leaving the school next week. We don't really have anyone else we could list. Is that a problem?

The LA said they'd consent to the hearing on papers, so am I right that witnesses would not have to physically attend a hearing? Would they even be contacted by the tribunal? Is the LA likely to have its own witnesses?

Thanks.

OP posts:
KeepGoingThomas · 15/12/2023 18:15

No, you don’t. Written evidence will be enough.

SpaceInvader321 · 15/12/2023 20:22

Thank you.

OP posts:
SpaceInvader321 · 15/12/2023 20:56

Sorry, now that I've looked at the form more closely:

If the school's SENCo sent a witness letter to the LA, then am I supposed to list them as a witness? The Senco is leaving next week, so won't be around when the case is heard and the school has not appointed a new one, so we have no idea who our point of contact with the school will be after Xmas.

I guess I could explain this in the 'do you want to add anything else?' box?

Or can I leave it blank?

Thanks.

OP posts:
KeepGoingThomas · 15/12/2023 21:16

Professionals providing reports/statements to the LA don’t need to be listed as witnesses unless they are attending the hearing too.

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