TPC

Dear Parent Carers

The Tribunal Procedure Committee (TPC) is consulting on a proposed rule change to the First-tier Tribunal that hears appeals about SEND. The change would give the Tribunal greater powers to make a decision without a hearing. This will shorten the time families wait for a decision (currently around 11 months) and would only apply to appeals about a Local Authority’s decision not to complete an EHCP Needs Assessment.

Rule 23 states that for the Tribunal to make a decision without a hearing (or based just on the appeal documents) both parties have to agree. There are two different proposals suggested by the TPC:

Proposal 1. Leave to judicial discretion. The tribunal will decide if a hearing is needed, even if the family or the Local Authority don’t agree.

Proposal 2. Remove the need for Local Authority consent. Families would still need to agree to a decision being made without a hearing.

This is a subject that effects many parent carers, further details can be found on the link below and the deadline for responses is 11:59 pm on 05 December .