Telephone hearing at SENDIST

[cornwallia]

Hi, we have a case listed for hearing later this year on an appeal against provision in Pt3.

We have suggested expediting the hearing date and LA have suggested a telephone hearing which they say can resolve outstanding issues or mediation.

I understood that this type of hearing is just for directions and that the case can't actually be decided by telephone which is what they appear to be suggesting.

Has anyone any experience of this?

Snap! I have just started a similar thread .

Is this a new trend?

What's in it for LAs do you think?

Now let me see, cost saving, parents who may not be as articulate as Lea who are experienced, tribunals less likely to be influenced emotionally than if meeting face to face, etc. Those are just my immediate thoughts.

I'm wondering if I should agree to this telephone conference. Is yours at your instigation?

No, theirs. I think I would rather take my chances with the Tribunal but I wasn't sure whether this was supposed to be a proper hearing of the issues or a directions hearing. They seem to suggest it was a proper hearing but that seems really inappropriate when you're dealing with expert evidence.

It obviously saves them the cost of going to Tribunal

I too had the impression this was supposed to be a proper hearing.

Hopefully somebody who knows will come along [hopeful emoticon]

It is directions only. It will be a judge who does the tel hearings. The tribunal is a panel of a legally qualified chair, a lay person and professional usually ep. The tribunal rules are on send website. The tel hearing is just to deal with your application. If the la agree to expedite you don't even need a hearing but just send a copy of letter agreeing to judge to deal on the papers. I would ring the sendist clerk to say what you are being told. The la may intend to aak for mediation but you don't have to agree and that would involve a formal mediation with an indep mediator. If they raise new issues say you have not been notified of any requests for changes to directions and ask for an adjournment on those issues.

Thanks for that. The LA were definitely suggesting that outstanding issues could be resolved by way of a telephone hearing with the S&LTs present too if required.

I had thought that this was only for directions too. I have applied to expedite but they don't agree and want mediation.

I meant to add though - didn't the rules change in 2010?