Introduction of the National Trial

What is the National Trial all about? Additional powers via statutory regulations to allow the Tribunal to make recommendations relating to: Social Care Health in Education, Health and Care appeals

When did the National Trial begin? Appeals can be registered under the National Trial against LA decisions dated 3 April 2018 onwards NT will run for a period of 2 years until April 2020 As of September 2018 – about 250 NT appeals received

Tribunal powers Decision on all special education issues Plus Recommendations on Social Care & Health issues

What types of appeals? All rights of appeal except against refusal to assess/ reassess decisions Parents/YP must register an appeal against an educational decision The request for recommendations in respect of health and/or social care issues is in addition to such an appeal Tribunal has the power to add educational appeals to the National Trial at any point in the appeal process

What is new in Tribunal process? Revised guidance and form to register an appeal Dedicated Tribunal Case Worker (TCW) recruited to co-ordinate

Case management Stage One - Initial on registration: to identify the issues & any additional evidence required Stage Two - After final evidence deadline: to identify if appeal is ready for a hearing & estimate duration of hearing Telephone Case Management Hearing or review of papers

Tribunal Panel + hearing Tribunal panel comprised of; Judge Specialist Member special educational needs/disability Specialist Member Health/Social Care The length of hearing will be determined during case management – usually 1 day but listed for 2 days at the outset Educational issues to be decided first – then NT issues

Types of issues already noted Social Care: Lack of social care evidence – no SC assessment Lack of specification in SC evidence re identified need or specification of support Need for residential care based on social care grounds

Types of issues already noted Health: Reluctance to specify current health provision in Section G of the EHC Plan Special Educational Provision in Health not Section F Need for Cognitive Behavioural Therapy Identification/evidence from CAMHS

The position so far…..? Appeal hearings have started and are gathering momentum No decisions issued yet