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

What Parents Need To Know

Here's a video where Douglas talks about:

What Parents 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" 
​ ​(4m 55s) ​ 

(read the transcript below)

Parents involved in SEND appeals or DD claims need to be aware of the following key requirements outlined in the Practice Direction:

General Responsibilities:

Cooperation:

• Parents must cooperate with the Tribunal and the Local Authority (LA) or Responsible Body (RB) to ensure compliance with the Practice Direction. ​

Submission of Evidence:

• Parents must submit all relevant evidence by the final evidence deadline ordered by the Tribunal. ​ Late evidence may not be accepted unless an application is made and approved. ​

Responsibility for Documents:

• Parents must ensure that any document they rely on is complete, legible, and relevant to the appeal or claim. ​

Preparing Evidence:

​Page Limits:

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

Chronological Order:

• Evidence must be arranged in chronological order within the relevant sections of the bundle. ​

What to Include:

• For SEND appeals:
  • Notice of appeal form and reasons for appeal. ​
  • Relevant documents such as the EHC plan, appendices, and expert reports. ​
• For DD claims:
  • Notice of claim form, identifying the alleged failure or unfavourable treatment, date(s), and disadvantage suffered. ​
  • Relevant correspondence, expert reports, and witness statements. ​

What Not to Include:

• Avoid including irrelevant documents such as email threads, blank forms, duplicate documents, or outdated reports (older than 3 years). ​

Late Evidence:

​Application Process:

• If parents 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:
Parents must explain why the evidence was not provided earlier and why it should now be admitted. ​

Working Document:

Purpose:
A working document is used to clarify areas of agreement and narrow outstanding issues in SEND appeals. ​ It shows proposed changes to the EHC plan and identifies issues for the Tribunal to decide. ​

Compliance:
The working document must not exceed 25 pages and must follow the Tribunal’s guidance (SEND23). ​

Case Review Form:

Final Submission:

• Parents must complete and submit the Case Review Form, which identifies the issues remaining for determination by the Tribunal. ​ This form helps inform the agenda for the hearing. ​

During the Hearing:
​
Oral Evidence:

• Parents may be required to provide oral evidence and answer questions from the Tribunal and the other party.

Focus on Issues:

• The Tribunal will focus on the issues listed in the Case Review Form and the working document. ​

Key Considerations:

Deadlines:

• Parents must meet all deadlines for submitting evidence and documents to avoid delays or sanctions. ​

Clarity and Relevance:

• Evidence should be clear, concise, and directly relevant to the appeal or claim.

Communication:

• Parents should maintain open communication with the Tribunal and the other party to resolve any issues related to missing or disputed evidence.

By following these guidelines, parents can ensure their case is properly presented and contributes effectively to the Tribunal’s decision-making process.

Further Info:

- What Experts Need To Know
- What Witnesses Need To Know
- What Local Authorities Need To Know
- What Parental Representatives Need To Know
- What Schools Need To Know

​T: 020-8349-7700 

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