Will a school be named in this tribunal?
With appeals that involve section I, most of the time the Tribunal will Order which placement and type of placement should be named in the EHCP. However, there are occasions when SENDIST will Order just a type of placement be named. This is more likely when the type is special/specialist. That is because where mainstream is named as type, case law dictates a specific placement normally be named. It doesn’t sound like it applies to your case, but there are also times SENDIST will Order section I remains blank for EOTAS/EOTIS/C. There is also the chance the hearing will be adjourned and you will reconvene at a later date.
Will there be some pressure on the council to complete this in a reasonable time?
The council must comply with the timescales in Reg 44. So for section I appeals, the LA must finalise the amended EHCP within 2 weeks of the Order.
Will there be any kind of acknowledgement to how the council has behaved?
There may or may not be either at the hearing &/or the Order. That will depend on the judge. But even where it is acknowledged, it won’t be to the level you are hoping. Tribunals are forward looking so the main focus is moving forward.
I do have a complaint written up (about 5 pages long!) If I could please have any advice on if I send this before or after the tribunal? Or if it would not matter either way?
I would wait until the hearing. Right now, I would focus on preparing for the hearing.
Make sure the bundle is accurate. Familiarise yourself with it so you know your way around the bundle. Whatever works for you - annotation/bookmark/sticky tabs/your own index/colour code/your own summary document. Work out whether you find an electronic or paper bundle easier to work with.
Have some notes for an opening statement (hearings don’t all run the same. The structure depends on the judge. Not all hearings have opening statements, but it is worth being prepared. This is the opportunity to let everyone know about DS, bring him to life rather than just a name. Some show a photograph.)
It can help to have a summary of the outstanding issues in bullet points or a table, including references to the evidence and their place in the bundle.
If there will be witnesses attending, it can help to have some questions prepared.
Also, a closing statement. This is usually more formal. Summing up your position, case law, etc.
Even if the LA plays dirty on the day, don’t rise to it. You don’t need to stoop to their level and you don’t want to get the panel’s backs up. Even if the judge doesn’t say anything, they will see it. Don’t interrupt even if the LA does.
Don’t panic. If you need a break, say so!
Double check B&F are definitely right. The placement named in I is the logical conclusion of B&F. If B&F are poor, you risk a school that can’t meet needs being named. B + F = I.
After the hearing, try not to second guess the outcome. Lots feel it hasn’t gone well but are successful.