I registered an appeal in October 2024 against LA's refusal to reassess speech and language needs of my DC. I was given a date in October 2025 for Tribunal hearing. During this time, I was able to fund an independent SALT assessment and needed to change the grounds of appeal. I emailed Request for Change form to the LA in July 2025 with my reasons along with the evidence. After waiting 5 working days, I sent my completed form to the SEND Tribunal together with the LA’s response.
Tribunal sent an email in August 2025 stating that the appeal is already registered as a B and F appeal. I completed SEND 35 form online when I registered my appeal the first time and I may have somehow put this as my appeal reason in addition to/instead of refusal to reassess (I don't know how to access the form as I completed and sent it online). This still benefits my situation as I wanted to change the appeal anyways.
Tribunal sent an order letter in September stating that they have received a request from me in July to amend the grounds of appeal to refusal to amend section B, E and F of the EHC plan following the annual review. They also stated that based on the contents of the LA's decision letter, the Tribunal noted on registration of the appeal that the LA's decision was a refusal to amend the EHC plan following annual review and the appeal was registered against the decision accordingly. The Tribunal then asked if any of the parties object on the directions should let them know by x date September.
One day before the hearing, the LA emailed Tribunal stating that they will not attend hearing due to staff shortage. In the same email, they attached all the evidence, including independent reports, school reports, working document and also the decision letter clearly stating that they do not consider the independent reports and refuse to amend EHC plan. They also confirmed they will not attend hearing due to staff shortage. They emailed the decision letter to me in July 2025 following the annual review, so I was completely aware of their decision and it was obvious that the reason for hearing is the appeal against amending EHC plan.
On the day of hearing, Tribunal said the appeal is refusal to reassess SALT, not the contents in section B and F. I explained them and read out emails with dates I sent out to Tribunal, but they said they can't locate them at that point and that LA also stated refusal to reassess in the appeal information they have sent to Tribunal. They asked me to resend the emails I received from Tribunal along with my responses during the session. Tribunal took a break to discuss whilst I sent the emails. Upon returning, tribunal said they will have to adjourned the hearing as they think there is conflicting information. They did say that it seems like the tribunal team might have missed some emails as they are overwhelmed with appeals, but I did not find this acceptable reason to adjourn the hearing for 3 weeks when I waited one year for the hearing. I explained them again and referred to the order letter and emails I received from Tribunal. But they refused to consider my explanation and told me the decision has been made. I also told them I had to move my scan appointment for the hearing, but there was no empathy shown. Instead I was given a date for hearing and asked to confirm my availability on the spot, which I believe is inconsiderate.
Does tribunals normally do that? This experience caused me immense stress and I want to just cancel the appeal. I am highly disappointed.