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EHCP appeal - paper vs oral hearing

2 replies

HorrorFan81 · 08/07/2025 21:23

Any opinions on whether there is a disadvantage of having a paper hearing vs oral? Im assuming paper would be quicker but does it decrease our chances?

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perpetualplatespinning · 08/07/2025 22:19

It depends on the type of appeal. Refusal to assess appeals are heard on the papers unless there is a very, very compelling reason for needing an oral hearing. For refusal to issue appeals and content/placement, I would want an oral hearing because it enables you to argue and defend your case in person (and have witnesses attend if necessary). That applies even if you can construct a good written case, especially for content/placement appeals, but, yes, they take longer.

HorrorFan81 · 08/07/2025 22:55

perpetualplatespinning · 08/07/2025 22:19

It depends on the type of appeal. Refusal to assess appeals are heard on the papers unless there is a very, very compelling reason for needing an oral hearing. For refusal to issue appeals and content/placement, I would want an oral hearing because it enables you to argue and defend your case in person (and have witnesses attend if necessary). That applies even if you can construct a good written case, especially for content/placement appeals, but, yes, they take longer.

Thanks. Its refusal to issue. Think we will go for the oral and ask for an earlier hearing due to phase transfer, hopefully that will help

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