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What Schools Need To Know

Here's a video where Douglas talks about:

What Schools 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 57s) ​ 

(read the transcript below)

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

General Responsibilities:

Cooperation:

• Schools must cooperate with the Tribunal and other parties (e.g., parents and Local Authorities) to ensure compliance with deadlines and procedural requirements. ​

Providing Evidence:

• Schools may need to provide relevant evidence, such as consultation responses, witness statements, and reports, to support the case. ​

Preparing Evidence:

Page Limits:

• Schools 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, schools must work with the Responsible Body (RB) to make a ‘request for change’ application explaining why additional pages are necessary.

What to Include:

• For SEND appeals:
  • Relevant educational information, such as annual review reports, expert assessments, and witness statements. ​
  • Placement information, including consultation responses, SEND policies, and cost evidence.
• For DD claims:
  • Evidence related to the alleged discrimination, including the specific failure or unfavourable treatment, date(s), and disadvantage suffered. ​

​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 schools need to submit evidence after the final deadline, they must coordinate with the RB to 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:

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

Specific Requirements for DD Claims:​

​Core Tribunal Bundle:

• Schools must ensure the RB includes:
  • Notice of claim form, identifying the alleged failure or unfavourable treatment, date(s), and disadvantage suffered. ​
  • Relevant correspondence, Tribunal orders, and attendance forms. ​

Supplementary Evidence:

• Schools may need to provide additional evidence, such as:
  • Consultation responses. ​
  • Witness statements from the Head Teacher or senior leadership team. ​
  • SEND policies and placement cost evidence. ​

Adjourned Hearings:

Updated Bundle:

• If the hearing is adjourned, schools may need to provide updated evidence or remove outdated documents as part of the revised bundle prepared by the RB.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

Key Considerations:

Accuracy and Legibility:

• All documents provided by schools must be complete, legible, and free of duplicates. ​

Communication:

• Schools must maintain open communication with the RB, parents, and the Tribunal to address any procedural issues.

Compliance with Tribunal Orders:

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

​By adhering to these guidelines, schools can ensure their role in the case is properly managed and contributes effectively to the Tribunal’s decision-making process.

Further Info:

- What Parents Need To Know
- What Experts Need To Know
- What Witnesses Need To Know
- What  Local Authorities Need To Know
- What Parent Representatives​ Need To Know

​T: 020-8349-7700 

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