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How do you lodge an Appeal?

Appeals Procedure

The parent must start proceedings for the Tribunal by sending an application notice to the Tribunal within two months of the letter or within one month of the mediation certificate (whichever is later), this letter is known as a SEND35 (or a SEND35A if this is an appeal against a refusal to complete an EHC Needs Assessment).

Once your appeal has been received by the Tribunal, they will issue a listing order to the parent and to the Local Authority setting out key dates such as when your evidence is due and when your hearing date is.

The Local Authority must respond to your appeal by the date outlined by the Tribunal, explaining their position and why they disagree with what the Appellant has said.

Following this, further evidence will be submitted as well as the parties’ updated position or reasoning for their positions.

If you are appealing the contents of your child’s EHC Plan then a working document will be passed between both parties. At the hearing, the Judge and Panel will go through the Working Document and any issues that remain outstanding, will be decided on by the panel, after the hearing.

Witnesses

Both parties can bring up to four witnesses to a hearing. These witnesses will be professionals that have written reports for your child such as an Educational Psychologist, a Speech and Language Therapist or an Occupational Therapist, or a professional from the proposed school you are appealing for your child to attend.

Bringing a professional witness to your hearing allows them to speak on the evidence they have provided with regard to your child and answer any questions the Judge, Panel or Respondent may have for them. This will aid the panel in making their decision after the hearing.

If a person refusing to come as a witness, the Judge may summons them to attend, summons them to answer specific questions or summons them to provide documentary evidence they hold in regard to the child/appeal.

If you would like more information with regard to an appeal you are thinking of lodging then please contact me on fscott@rebeccawhippysend.com for a free chat.