This article explores the Tribunal process in more detail. Tribunals make decisions about your child's EHCP, with the First Tier Tribunal (FTT) being responsible for SENDIST. A Tribunal can consider various EHCP issues, and the process is designed for parents to navigate. The hearings are less formal than court hearings, and attendees are expected to follow the procedural and Tribunal rules. You will be notified in writing of the hearing outcome within 10 to 14 days.
What are they?
Tribunals make decisions about your child’s EHCP.
They were formed in 2007 by the Tribunals, Courts and Enforcement Act https://www.legislation.gov.uk/ukpga/2007/15/contents
The FTT – First Tier Tribunal is also known as SENDIST.
Tribunals were set up to administer areas of law that were subject to change (for example, due to case law) and had the potential to be complex in content.
Members of the Tribunal have expert knowledge and experience on the subject being heard, and therefore, the process is designed for parents to navigate.
What EHCP issues are appealable to the First Tier Tribunal (FTT)?
A Tribunal can consider the following decisions if an LA:
• Refuses to carry out an EHC NA (Education, Health and Care Needs Assessment)
• Refuses to re-assess a child’s needs
• Refuses to issue an Education, Health and Care Plan (EHCP)
• Refuses to amend an EHCP following an Annual Review
• Decides to cease an EHCP
• Disputes the content of an EHCP once they have been finalised, Sections B (the child’s needs/difficulties), F (the child’s provision), Section I (the educational environment or institution)
• If no school or educational institution is named in Section I
• Failure to include a social care assessment
Failure to secure EHCP provisions or adhere to statutory time frames in Education and Health and Care Needs Assessments cannot be considered by a Tribunal but can be challenged through Judicial Review.
If you would like the procedural rules in full, see here;
If you would like to see the practice direction in full, see here: https://www.judiciary.uk/publications/practice-direction-first-tier-tribunal-health-education-and-social-care-chamber-special-educational-needs-or-disability-discrimination-in-schools-cases-practice-direction-revocation/
Tell me about the hearing.
Tribunals are not unnecessarily formal, but do expect attendees to follow the procedural and Tribunal rules. These include being appropriately dressed, not eating or drinking anything other than water during the hearing and being respectful to all concerned.
You must not record any part of the hearing; SENDIST themselves now records hearings to assist with the final decision-making.
Tribunal hearings are less formal than Court hearings and are being heard online using encrypted software at the time of writing. This helpful video (also available with BSL) will help ease any anxiety you may have surrounding what to expect and take you through;
• How to prepare for the hearing
• What will happen on the day
• How you should behave in the hearing
The Tribunal may still proceed if any party fails to attend the hearing.
When will I be notified of the outcome of the hearing?
You will usually be notified in writing as soon as is ‘reasonably practicable’. This can be as long as 10 to 14 days following the hearing.
When you receive the decision, read it through carefully. It is the final outcome of a very long journey, a standard to accept and move forward, especially if you are disappointed.
Should the Tribunal be in your favour – Congratulations! - Success is what we all strive for, and the relief can be overwhelming. Take some time to let this sink in and become a reality after all the hard work and commitments from everyone involved. You did it!
Should you have been unsuccessful, you must analyse the reasons and consider your expectations for success and the evidence provided. Success can only be achieved with evidence, no matter how much money you have spent on representation. Facts, evidence and high-quality assessments are key to success. Not having sufficient evidence and relying on your own personal views and disagreements will not be enough to ensure a successful result. Failure is also overwhelming and will require time to accept and consider the future steps you wish to take.
If you require support with the tribunal process, please feel free to contact us. We are always happy to help.
So where do I go from here, how can Empowering Families of Children with SEND Ltd help me?
We have put together a number of support packages to help you to navigate the Tribunal process.
Our blog library is a good place to start and includes blogs to help you to navigate the following:
My LA have refused an EHC Needs Assessment. What can I do?
My LA have refused an EHCP following an EHC needs assessment. What can I do?
Help! I am not happy with the contents of my EHCP. What can I do?
Help! I am not happy with the school named in my EHCP. What can I do?
Find our blog library here
The following easy-to-follow webinars will provide additional support. Anna and Sarah talk you through, step by step, providing scenarios and examples.
They talk you through the SEND law that supports your appeal and provide guidance and templates to support each step of the Tribunal process.
The accompanying support package gives you timelines, examples, and ‘fill in the blank’ templates to make the process as uncomplicated as possible.
Find our full webinar and the accompanying support packs here.
These are part of our not-for-profit Events Department, which aims to provide affordable support for upskilling. We Empower Families to have knowledge and thereafter the confidence with SEND and EHCP issues to advocate for their own children and young people.
Empowering Families of Children with SEND Ltd also provide fully bespoke 1:1 mediation and appeal support with Anna & Sarah as part of their professional service, for details click here:
Bespoke 1:1 support from Anna & Sarah
You can find testimonials to our bespoke service on our website and Facebook business page - here
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