Judge Jane McConnell June 2019 SEND Tribunal Update Judge Jane McConnell June 2019 (c) SEND Tribunal 2019

The numbers: appeals decisions registered issued 2014 4108 768 2015 3126 883 2016 3863 1599 2017 4988 2298 2018 6023 2500 (calendar year) (c) SEND Tribunal 2019

Top issues in appeals Wrong legal test applied EHC assessment not adequately completed Lack of specified evidence – needs, provision, outcome expected Lack of up to date evidence LA case not well prepared – missing evidence Incomplete evidence of comparative costs (c) SEND Tribunal 2019

Introduced over the past year to use resources effectively Procedural Changes Introduced over the past year to use resources effectively We are operating in a climate of increased demand – procedural changes adopted to try to use limited resources effectively (c) SEND Tribunal 2019

Increased use of paper hearings R to A appeals automatically listed as paper hearings Increase in other appeals decided without an oral hearing Either party can require an oral hearing (c) SEND Tribunal 2019

Bundle Guidance Capping of number of pages of evidence each party can automatically submit in an appeal Core bundles + Any issue raised by a party concerning number of pages will be dealt with at the hearing (c) SEND Tribunal 2019

Case Management Review After the final evidence deadline Review by a Judge or Registrar Is the case ready to be decided? yes - what priority for hearing X No – hearing vacated – directions ordered (c) SEND Tribunal 2019

5-day rule Enforcement of existing rule No requests will be dealt with within 5 day of a hearing Requests to be decided at the hearing Will be required to attend a hearing even if agreement reached Exceptional reasons will be considered (c) SEND Tribunal 2019

Standing cases down Reallocated a hearing date as soon as possible “lack of judicial time” – no Judge/ Panel or no venue for the hearing Reallocated a hearing date as soon as possible 5 working days before – new hearing date assigned Parties offered a TCMH If stood-down once an appeal will automatically become a priority hearing (c) SEND Tribunal 2019

Possible developments to come … (c) SEND Tribunal 2019

Directions issued when an appeal is registered More bespoke Refence to the law which the LA, and the Tribunal on appeal, will be applying concerning specification and educational placement (c) SEND Tribunal 2019

Setting of a “hearing window” – not a set date “Hearing window” would be a two-week period On attendance form parties would indicate if they consider the appeal is ready to be heard, if not why not, and mutually agreed hearing dates in hearing window After bundle deadline (week 9) Case management review to identify; If ready Priority to be heard Set hearing date or issues case management directions (c) SEND Tribunal 2019

Further paper hearings List “single” issue appeals as paper – Section B & F or just Section I Not suitable for R to Issue appeals (c) SEND Tribunal 2019

Guidance to Professionals giving evidence to the Tribunal Evidence MUST specify: Need Provision required to meet need Outcome expected if that provision is put into place (c) SEND Tribunal 2019

Attendance form List the outstanding issues between the parties which the Tribunal are being asked to decide – include copy of the latest working document/ list of issues Does the party consider that the appeal is ready to be heard? If not, why not Do they consent to the outstanding issues being decided following consideration of the written evidence only Is the child/ YP currently attending school or college (c) SEND Tribunal 2019

Any suggestions are welcome! Come and join a user group meeting (c) SEND Tribunal 2019

National Trial (c) SEND Tribunal 2019

1025 NT appeals registered (as of today) Of which: 792 Child The numbers … 1025 NT appeals registered (as of today) Of which: 792 Child 233 Young People (c) SEND Tribunal 2019

Requests for Recommendations … 582 Health & Social Care 205 Health 184 Social (c) SEND Tribunal 2019

Social Care (c) SEND Tribunal 2019

Issues raised – social care Failure to carry out SC assessment Failure to specify SC need/ provision Request for a personal budget/ direct payment for SC provision SC funding for a residential educational placement (c) SEND Tribunal 2019

Decisions – Recommendations in social care That the LA assess SC needs Specification of SC needs/provision Support to attend clubs Direct payment for support social activities (c) SEND Tribunal 2019

Health (c) SEND Tribunal 2019

Failure to specify health needs/ provision Issues - health Failure to specify health needs/ provision Health care provision should be special educational provision CAMHS/ CBT specification Continuing Care Funding to meet health needs (c) SEND Tribunal 2019

Decisions – Recommendations in health Specification of CAMHS Specification of CBT Nursing care support Traci-training Removal of OT, physiotherapy, speech and language therapy (c) SEND Tribunal 2019

At the hearing (c) SEND Tribunal 2019

Education issues considered first – then Health/ SC A three person panel – Judge, specialist SEN/D member, specialist Health/SC member Usually a 1 day hearing of oral evidence + further day of deliberations Automatically 3 witnesses allowed per side – applications for a further witnesses are likely to be looked on favourably Education issues considered first – then Health/ SC (c) SEND Tribunal 2019

Usually issued within 10 working days Order re educational issues Decision Usually issued within 10 working days Order re educational issues Recommendations re Health/SC issues LA must supply contact details of relevant CCG to the Tribunal when attendance form is returned (c) SEND Tribunal 2019

Responding to Recommendations LA must respond to SC Recommendations CCG must respond to Health Recommendations If not adopting the Recommendations they must state that and give reasons why (c) SEND Tribunal 2019

We are always seeking to improve ... (c) SEND Tribunal 2019

Questions??? (c) SEND Tribunal 2019