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Special Educational Needs and Disability Tribunal Service Updates

July 2006

 

Pilot Project: Early Evaluation of SEN Appeals

 

From August 2006 the Tribunal Service will be conducting a pilot project to improve the quality of evidence available at tribunal hearings in an effort to reduce adjournments.

 

Shortly after the end of the case statement period a tribunal chairman will assess whether the hearing can go ahead on the basis of the evidence available at this point.  If not the parties will be directed on the information that the chairman considers necessary to decide the case.

 

Ref:  Kevin Mullany, Tribunal Secretary 21st July 2006

 

Attendance at Hearings:

 

Tribunal President, Rosemary, Lady Hughes,  issued a statement in July which replaces guidance issued by Trevor Aldridge in 1996 regarding the interpretation of the various discretions given in the Special Educational Needs and Disability Regulations 2001 as amended by Special Educational Needs and Disability (Tribunal) Regulations 2002.  The four basic principles remain the same, however there is clarification of various issued on:

 

  • Representation for parents and Local Authorities
  • Witnesses
  • Observers
  • Disability Discrimination Claims

 

It is noted that the issue of inequality of representation has been broached. That is where two professionals from the Local Authority may confront a single parent representative.  Lady Hughes has stated that in future she will not normally allow a local authority officer to attend with a legally qualified LA representative other than as a witness.

 

Ref:  Kevin Mullany, Tribunal Secretary 24th July 2006

 

www.tribunals.gov.uk



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