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What Local Authorities Need To Know

Here's a video where Douglas talks about:

What Local Authorities Need To Know

regarding:

 "The Practice Direction On Procedure For
The Preparation Of Bundles In The Special Educational Needs And Disability
And Disability Discrimination In Schools
Jurisdictions Of The Health, Education And Social Care Chamber" 
​ ​(5m 23s) ​ 

(read the transcript below)

Local Authorities (LAs) involved in SEND appeals or DD claims must adhere to the following key requirements outlined in the Practice Direction:

General Responsibilities:

Bundle Preparation:

• The LA is responsible for preparing the Tribunal Bundle, which must comply with the Practice Direction and its accompanying schedules. ​
• The bundle must include all written evidence to be considered by the Tribunal. ​

Cooperation:

• LAs must cooperate with the Tribunal and the other party (e.g., parents) to ensure compliance with deadlines and procedural requirements. ​

Deadlines:

• The Tribunal Bundle must be submitted electronically by the deadline ordered by the Tribunal. ​ Late submission may result in sanctions, including barring the LA from further participation in the proceedings. ​

Preparing the Tribunal Bundle:
 ​
Format:

• Bundles must be produced electronically in PDF format. ​
• The file name must include the appeal number, the child or young person’s name, and the hearing date (e.g., EH123.23.00123 Jane Smith FINAL BUNDLE 21.1.2024). ​
• All pages must be OCR-enabled (word-searchable), use 12-point font (preferably Arial), and be correctly oriented for on-screen reading.

Indexing and Bookmarking:

• The bundle must include a comprehensive index. ​
• All significant documents and sections must be bookmarked for ease of navigation, with appropriate descriptions, including date and author. ​

Contents:

• The bundle must include:
  • Core documents (e.g., notice of appeal, LA decision letter, Tribunal orders). ​
  • Relevant evidence submitted by both parties by the final evidence deadline. ​
  • Documents arranged in chronological order and paginated sequentially. ​
• Avoid including irrelevant or duplicate documents (e.g., email threads, blank forms, outdated reports). ​

Page Limits:

• SEND appeals:
  • Core bundle: 100 pages. ​
  • EHC plan appendices: 150 pages.
• DD claims:
  • Core bundle: 100 pages. ​
  • Additional evidence: 200 pages per party. ​
• If more pages are needed, the LA must make a ‘request for change’ application (SEND7) explaining why additional pages are necessary. ​

Late Evidence:

Submission Process:

• If the LA needs to submit evidence after the final deadline, an application must be made electronically, and a copy must be sent to the Tribunal and the other party. ​
• The Tribunal will decide whether to accept the late evidence at the hearing. ​

Explanation Required:

• The LA must explain why the evidence was not provided earlier and why it should now be admitted. ​

Missing or Disputed Evidence:
​
Resolution:

• The LA is responsible for resolving any issues related to missing or disputed evidence brought to their attention by the other party or the Tribunal. ​
• If necessary, the LA may be required to prepare a revised bundle containing the missing evidence. ​

Adjourned Hearings:

Updated Bundle:

• If the hearing is adjourned, the LA may be ordered to provide an updated bundle containing additional evidence or removing outdated documents. ​

Sanctions for Non-Compliance:
 
Consequences:

• Failure to comply with the Practice Direction may result in:
  • Rejection of the bundle.​
  • Vacating the hearing date. ​
  • Striking out the LA’s response to the appeal. ​
  • Barring the LA from further participation in the proceedings. ​
  • Costs orders in limited circumstances. ​

Key Considerations:

Accuracy and Legibility:

• All documents in the bundle must be complete, legible, and free of duplicates.

Communication:

• The LA must maintain open communication with the Tribunal and the other party to address any procedural issues. ​

Compliance with Tribunal Orders:

• The LA must ensure all Tribunal orders are followed, including those related to evidence submission and bundle preparation. ​

By adhering to these guidelines, Local Authorities can ensure their case is properly presented and avoid procedural issues that may impact the Tribunal’s decision-making process. ​

Further Info:

- What Parents Need To Know
- What Experts Need To Know
- What Witnesses Need To Know
- What Parent Representatives Need To Know
- What Schools Need To Know

​T: 020-8349-7700 

E: [email protected]
​
Or: Make An Enquiry Online