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

2. The numbers: appeals decisions registered issued
(calendar year)
(c) SEND Tribunal 2019

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. Possible developments to come …
(c) SEND Tribunal 2019

11. 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

12. 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

13. 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

14. 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

15. 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

16. Any suggestions are welcome!
Come and join a user
group meeting
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17. National Trial
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18. 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

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

20. Social Care
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21. 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

22. 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

23. Health
(c) SEND Tribunal 2019

24. 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

25. 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

26. At the hearing
(c) SEND Tribunal 2019

27. 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

28. 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

29. 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

30. We are always seeking to improve ...
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31. Questions???
(c) SEND Tribunal 2019