1. Introduction of the National Trial

2. 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

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

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

5. 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

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

7. 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

8. 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

9. 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

10. 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

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