"The hope you give parents ​is nothing short of a miracle"
[a previous client]

What Do Parent Representatives Need To Know?

Here's a video where Douglas talks about:

What Do Parental Representatives 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 51s) ​ 

(read the transcript below)

Parental representatives involved in Special Educational Needs and Disability (SEND) appeals or Disability Discrimination (DD) claims need to be aware of the following key requirements outlined in the Practice Direction:

General Responsibilities:

Cooperation:

• Parental representatives must cooperate with the Tribunal and the Local Authority (LA) or Responsible Body (RB) to ensure compliance with deadlines and procedural requirements. ​

Providing Evidence:

• Representatives must ensure that all relevant evidence is submitted by the final evidence deadline ordered by the Tribunal. ​

Responsibility for Documents:

• It is the responsibility of the party seeking to rely on a document to provide a complete and legible version. ​

Preparing Evidence:

Page Limits:

• Representatives must adhere to the page limits for evidence:
  • SEND appeals:
    • Core bundle: 100 pages.​
    • EHC plan appendices: 150 pages.
    • Additional evidence limits depend on the type of appeal (e.g., 75–100 pages per party for specific sections of the EHC plan). ​
  • DD claims:
    • Core bundle: 100 pages.​
    • Additional evidence: 200 pages per party. ​
• If more pages are needed, representatives must make a ‘request for change’ application (SEND7) explaining why additional pages are necessary. ​

What to Include:

• For SEND appeals:
  • Notice of appeal form, reasons for appeal, and relevant evidence (e.g., expert reports, witness statements, annual review reports). ​
  • EHC plan and appendices relevant to the issues in the appeal. ​
• For DD claims:
  • Notice of claim form, identifying the alleged failure or unfavourable treatment, date(s), and disadvantage suffered. ​
  • Relevant evidence supporting the claim.

Expert Reports:

• Expert reports must comply with Tribunal guidance:
  • Include an executive summary (max 2 pages). ​
  • Be no longer than 15 pages. ​
  • Be grouped by specialism and arranged chronologically. ​

Witness Statements:

• Witness statements must be signed, dated, and divided into numbered paragraphs.
• Statements should not exceed 10 pages unless justified with an accompanying note. ​

Late Evidence:

Submission Process:

• If representatives need to submit evidence after the final deadline, they must make an application electronically and send a copy to the Tribunal and the other party. ​
• The Tribunal will decide whether to accept the late evidence at the hearing. ​

Explanation Required:

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

Missing or Disputed Evidence:
 ​
Resolution:

• Representatives should use the bundle index to check that the bundle contains all submitted documents. ​
• If evidence is missing or disputed, representatives must raise the issue with the Tribunal or the LA/RB. ​

Adjourned Hearings:

Updated Bundle:

• If the hearing is adjourned, representatives may need to provide updated evidence or remove outdated documents as part of the revised bundle prepared by the LA/RB. ​

Key Considerations:

Accuracy and Legibility:

• Representatives must ensure all documents submitted are complete, legible, and free of duplicates. ​

Communication:

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

Compliance with Tribunal Orders:

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

Working Document:

Purpose:

• Representatives may use a working document to clarify areas of agreement and narrow outstanding issues in SEND appeals. ​
• The working document must comply with Tribunal guidance and not exceed 25 pages. ​

Final Case Review Form:

• Representatives must ensure the case review form is completed and submitted with the bundle. ​ This form identifies the issues remaining for determination by the Tribunal. ​

​By adhering to these guidelines, parental representatives can effectively support their clients and ensure the case is properly presented to the Tribunal.

Further Info:

- What Parents Need To Know
- What Experts Need To Know
- What Do Witnesses Need To Know
- What Local Authorities Need To Know
- What Schools Need To Know

​T: 020-8349-7700 

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