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Stalker Walk
Sheffield, England, S11 8JF
United Kingdom

07809387778

Helping parents, schools, and professionals to navigate the complex legal system of special educational needs and Education, Health & Care Plans.

Talking about Education, Health and Care Plans

Talking about Education, Health and Care Plans, and how to support parents and professionals through the complex process.

You are successful in Tribunal, but then what?

Bright Futures

It is becoming more and more frequent that whilst families are successful in tribunals, it can still take months on end for the local authorities to actually deliver their legal obligations and provide the provision that has been agreed.

I believe this is getting more and more common because local authorities are perhaps realising that there are few repercussions for missing deadlines.

What are the deadlines?

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Bright Futures’ experiences:

1) Plans not being issued in the timeframe

2) Moreover, agreed provision not being implemented e.g. iPads, SLT, OT etc.

What can you do?

Issue a Judicial Review letter. Here at Bright Futures, we can do Judicial Review letters for you. We then recommend you contact a legal firm to take you through the rest of the case, but sometimes a letter itself can do it. Let us know if you are having trouble, as we are really trying to prevent this problem from continuing to grow! Click below to generate your judicial review letter now!

A year of Tribunal hearings

Bright Futures

My experience to this point continues to grow, because every tribunal I go to, is slightly different!

The patterns I continue to see in 2018:

1) More adjournments

The reasons range from: not enough information from the LA on their school, LA witness not in attendance to working documents having not been been issued on time.

2) More mistakes

Ranging from, bundles not being sent to judges by SENDIST admin team, wrong versions of the working documents being used and LA’s and overbooking hearing dates (resulting in last minute cancelations)

3) Fewer repercussions for LA

Lenience is given constantly. If you submit a request for change for an LA to be barred, it can take weeks on end for the judges to consider your request. Normally by this time, the LA has submitted their information and the Judge rarely strikes them out.

4) No improvement on ‘child-friendly’ or ‘parent-friendly’ accessibility

Children are not encouraged to be in court. Even in a case where the child is over 16, they are normally discouraged. I would not want to put anyone through the attendance of a tribunal, but why is it not more child friendly? There is hardly ever any prep time for the parents involved in the case, let alone a child/young person with additional needs.

5) Increase in legal representation from the LA

LAs are increasingly spending the SEN budget on getting representation from solicitors. This makes the process feel alien and less accessible for families. It is difficult for a family to have to comprehend speaking and having ongoing discussions with a solicitor when they perhaps do not have one.

6) Two systems that do not talk

We have recently found out that SENDIST is operating two separate online systems for the education (B,F and I) appeals and a separate system for the national trials. Two-day hearings are logged on a completely different system which is causing some confusion up in Darlington, currently.

What I have to say is staff we ring, are as helpful as they possibly can be, but also powerless and obviously not allowed to give advice.

Find out more about how Bright Futures can help you get ready for a tribunal, here: