New rules now operate in matters concerning the Special Educational Needs and Disability Tribunal.

From Monday 3rd November, new appeals to the Tribunal will be ‘case managed’ by the Tribunal, and – in general terms – there will be a much more rigorous imposition of timescales for evidence, both from the LEA and from the parent. For parents, we think that these developments mean that legal advice may become even more important.

Clive Yeadon, joint Head of the Public Law Team says…”tribunals relating to special educational needs were always designed to be parent friendly. Many families found them to be formal, and legalistic, especially where the LEA was opposing the appeal in every conceivable way. The new rules are unlikely to change this situation, and although there are some very positive developments such as the Tribunal now having to register all the appeals it receives, (rather than insisting on having all the necessary documents before registration) other aspects are quite intimidating. The new timetable from registration to appeal hearing of 20 weeks is also welcome, but what happens within that period of time could be quite scary especially if the Tribunal holds direction hearings by phone or in person, or if certain reports, especially independently-commissioned reports, are not available on time.

Here at Ridley & Hall, we are fully up to date with the new procedures. We hope to be able to help families through the maze of the new regulations with high levels of professionalism”.