EHCP tribunal bundle

[Ohduckcake]

Hello, we have had our first stage appeal turned down and I'm starting to prepare for tribunal. I can't afford a solicitor but don't qualify for Legal Aid.

I'm trying to work out how much of my bundle that I'm due to submit should be different to the pack I used for appeal 1. I'm still focusing on the same things but with the addition of a private EP report as the LA one had 29 points of issue, a private Autism diagnosis and a report from the school SaLT.

I'd be grateful for any advice, general or specific. Thanks in advance

Can you explain more? When you say your first stage appeal was turned down, do you mean your appeal to the First-tier Tribunal was not upheld and you are now either appealing to the UT or FTT’s original decision has been set aside and is being remade by the FtT? Or do you mean you informally appealed to the LA and they did not overturn their decision? Or do you mean mediation wasn’t successful?

First tier tribunal was unsuccessful I think?

We had Refusal to issue - asked for mediation - LA failed to organise - so we went to first stage appeal (is that first tier tribunal?) and has been turned down. Now we have a tribunal date.

Sorry I am not understanding where you are in the process.

so we went to first stage appeal (is that first tier tribunal?)

This is what I am trying to establish.

Do you mean mediation was unsuccessful and you submitted an appeal to SENDIST. That went all the way to a hearing but SENDIST did not uphold your appeal? And now you have an ongoing appeal to the upper tier or the original decision has been set aside and is being reheard by the first-tier tribunal.

Or do you mean mediation was unsuccessful and you submitted an appeal to SENDIST. And you haven’t actually had a hearing yet/SENDIST hasn’t ruled on the case but the LA has now opposed the appeal (and the LA opposing the appeal is what you are describing as the first stage appeal)?

I'm not explaining very well, sorry.

After the initial refusal to issue we asked for Mediation via Global Mediation but the LA failed to set a date. So we progressed to (what is called on all my paperwork) Appeal because otherwise we'd have run out of time as per the deadlines set on the letter.

I then submitted to Sendist a massive pack about our reasons and evidence for appeal in November 24 and the LA response we got last month says it opposes - and on their paperwork they're calling that First stage tribunal.

We've had no hearing, that's set for November 25 - but according to the paperwork I have to submit a 'bundle' by early March.

This may well be wrong, but I'm copying what's on the papers I've got. I'm struggling a bit, but having to do it myself - apparently school can't help with the appeals and tribunals.

Got it. So you haven’t had your first stage appeal turned down. The LA opposes the appeal, but the appeal itself (to SENDIST the First tier Tribunal) hasn’t been turned down. It is all still the same appeal.

You don’t need to resubmit any evidence you have already submitted to SENDIST. But you should submit any other evidence that supports your case that you haven’t already submitted.

You don’t produce/submit the Tribunal bundle. The LA produces the bundle later down the line by the deadline given. The dates for you to act on will be for the final evidence deadline and the case review form. Although it is possible to request late evidence is admitted.

Thank you! That makes sense. So I can add in the additional reporting and some examples of his work demonstrating progress since the school funded 1-1. But fundamentally I don't need to re-do the massive pack I've already done, that's what I was confused by as the paperwork makes it look like it needs doing all over again. Brilliant.

Thank you so much

No, you don’t need to resubmit everything. Some people wouldn’t be able to resubmit everything anyway because of e page limit (although it is possible to go over that and have more evidence accepted too). It can be a good idea to write a position statement when submitting your final evidence. This brings together all your evidence and key points.