Tips for upcoming SEND Tribunal hearing

[Iwanttobreakfree2]

I have an online SEND Tribunal hearing for a Section I appeal happening next Monday.

Firstly, I have not yet been informed of the exact start time of the hearing and I have not yet received any joining instructions either. Should I be chasing these up do you think, as the hearing is getting ever closer?

Secondly, does anyone have any useful general tips for the hearing? It would also be helpful to know how much I may be expected to speak and the general agenda for a Section I appeal hearing. Many thanks.

Me posting on here about lack of communication from the SEND Tribunal seems to prompt them to contact me. I have received confirmation of the start time of the hearing and the joining instructions since I posted earlier. The Tribunal also registered my appeal a few months ago, shortly after I had posted on here about how long registration was taking!

Make sure you know your way around the bundle. If you want anything repeating or clarifying, don’t be scared to ask. Similarly, if you need a break, ask. You will get the opportunity to cover your case. Different judges prefer different structures to the hearing. For example, some will give the opportunity to make an opening statement, but not all do all the time. It can help to have some notes in case, and a bit about DC. It can help to have notes for a closing statement, too. If you &/or the LA have witness, it can think about questions.

Are you appealing B&F as well as I?

Thank you for your reply with the useful tips, @perpetualplatespinning. I am already happy with Sections B and F, which is why I find it surprising that the LA named the mainstream setting in Section I that it did.

It is usually advisable to appeal B&F too because B+F=I. The placement named in sI is the logical conclusion of sB&F and if the LA has named a mainstream in I, it is likely they have written B&F in a way that supports the naming of mainstream in I.

Expect them to make it as awkward as can possibly be. My brother (who was 11 at the time - secondary placement) had his provision changed from his specialist cerebral palsy school to an autism based school. LA was eventually barred from the court and my mother won. Granted the LA did use a sports law solicitor….

Sending so much luck your way 🤞

How did it go Iwanttobreakfree2 ?

Thank you for thinking of me, @mollyminniemo Unfortunately, I lost the appeal. I was in a rather precarious situation as my 16 year old son wanted to return to mainstream education and was taking the side of the local authority, whereas I very much wanted him to remain in specialist education where he has been thriving for the past few years. Obviously, they decided that his views prevailed over mine and dismissed my appeal.

I have serious concerns that the mainstream establishment now named in his EHCP is unable to fully provide every single aspect of provision stipulated in Section F of his EHCP. I also maintain that he was unable to make an informed decision about his Post-16 education as he was heavily influenced by his father to return to mainstream education and the transition programme offered by his future mainstream college was verging on the non-existent, with the college having a preference for conducting transition sessions on days when the college was practically empty, thereby not giving a true impression of real-world conditions!

I am in contact with SENDIASS to see what can be done.

Oh no Iwanttobreakfree2 sorry to hear that. Extra complicated when his father is bending his ear about things too. Well done you for fighting for what you know is best for him. All the best x