Does anyone know what the legal position is in relation to costs in the SEND Tribunal?

Just spoken to the officer at the LGO who made the decision referred to in this question: https://supportsendkids.org/question/1681234603118

He said one of the reasons the LGO doesn't have jurisdiction is because the SEND Tribunal has the power to award costs. He said he doesn't recognise my assertion that the general rule in the SEND Tribunal is not to award costs. He said this would surprise him if it was indeed the case.

Does anyone know what the legal position is in relation to costs in the SEND Tribunal? Has the SEND Tribunal issued any guidance on this point? I was advised by our solicitors when appealing our child's EHCP that the general rule in the SEND Tribunal is that there should be no order for costs. We therefore made no such application. The officer from the LGO said he believed the SEND Tribunal did make orders for costs and that therefore the LGO couldn't look into recompense of legal fees because it would involve stepping on the toes of another body. My point is that if the other body - i.e. the SEND Tribunal - isn't using its powers and is in fact actively encouraging claimants not to - then where does that leave claimants - other than in debt if they've had to instruct a solicitor to try and obtain justice?

I asked the LGO officer if he knew what proportion of cases that came before the SEND Tribunal resulted in a costs order being made. He said he had no idea. Obviously, it his not for him to know this but I just left wondering if this information is readily available or if it's worth me making a FOI request? The officer did say there is lacuna in the law in relation the LGO's jurisdiction ending when appeal rights become available, but he assured me the LGO had fully and properly considered R (ER) v Commissioner for Local Administration & Anor [2014] EWCA Civ 1407 (Hillingdon) and applied it correctly in my case. Have I reached a dead end with this or are there cases pending that might make me making an application for judical review (to be put on hold pending such a decision) worth while? Many thanks.

EHCP was issued with no school named. Initially mainstream but now agreed mainstream is not appropriate. The LA have consulted for a school place with incorrect diagnosis, stating that my daughter has MLD social and behavioural needs when she is SpLD, intelligent and has no social or behavioural needs. Are they breaking the law in doing this?

Interim Provision

The YP has been out of school for two years and the LA have not provided any educational provision. The Tribunal has been adjourned for the third time and the LA are supposed to provide suitable interim provision in the meantime. The YP has ADHD and the LA are proposing online learning which he cannot engage in. His assessments and EHCP note he struggles to remain seated for longer than 10 minutes and cannot concentrate for more than 2-3 minutes. A practical course that allows for movement is recommended. The YP wants a construction course (14-16 years) with functional skills maths and English. A local learning provider have offered a place using their own funding for the YP up to the date of the Tribunal providing an interim measure for the YP. The parent would like to accept this but the LA have cited section 42 (5)
The parent is not however suggesting that they wish to electively home educate at any point - in fact quite the opposite. They want to use this as an interim measure up to Tribunal where the placement is to be defined as sections B F and I are disputed and under appeal. The LA proposal for online learning does not meet need or provide the current provision listed in the EHCP and to date the LA have failed to provide any provision at all since June 2022. If the parent sends the child to the construction course in the interim given that there is no provision in place from the LA making it clear that this is simply an interim arrangement just until Tribunal and not elective home education can the LA cute section 42(5). Please consider that they are failing under section 42(2)

We have EOTAS following tribunal, with provision specified in section F. It is now five weeks since we received the tribunal order and the provision ...

... is not in place - ie we haven't received the personal budget. We have received a pb contract, but it doesn't include all the provision in section F. Some of which is really clear (eg 38 weeks instead of 39) and some I think the LA would consider open to interpretation, though seems pretty clear to me. I don't want to sign a contract that isn't correct, but I do need the money ASAP to pay the providers. Is my best option just an official complaint? Is there any wording to quote to potentially speed things up? Thank you

Phase transfer - negative consultation mainstream

Our preferred mainstream has responded to say unsuitable due to aptitude, ability. The reasons they have provided are nothing that can’t be overcome and would be applicable to the school the LA have named too although their school responded to say “may” be able to meet need. What I’m struggling to understand looking at sections 33 & 39 is how parental preference & mainstream school being made suitable doesn’t support our choice for a particular mainstream.

Is it legal for the LA to enrol my child in a school without my knowledge ?

I am going to tribunal to appeal most of my son’s EHCP including the school named by the LA in section I.

He was on roll at a primary school till the end of year six but hasn’t attended for four years.

I’ve just found out by chance (I wasn’t notified of this by the school or the LA), that my son has been put on roll at the school named by the LA.

My son and I have been very clear that there is no intention or expectation from us that he would be able to attend this school as it can’t meet his needs and is completely unsuitable.

I’m concerned that the school may be receiving funding whilst my son is receiving no education from the LA.

Also, I’ve been told that if a child is on roll at a special school (which this school is), the parent had to ask permission if they wish to deregister to EHE.


Thank you

I don’t want school to attend mediation. Refusal to issue. The school see no issues, whereas my daughter is in the verge of EBSA. They have never ...

... supported any referrals, despite my persistent requests since reception. I finally paid for a dyslexia assessment in Y3 which identified moderate dyslexia but recommended SALT & ASD assessment. The ASD referral was refused at triage as school information said she was fine. So I paid for those assessments too. She was diagnosed Autistic & SALT highlighted language difficulties, following instructions 0.4 percentile, her other scores were 2 percentile or below apart from 1 which was 40 percentile which is how SALT thought her lack of understanding was being missed. I have seen via SAR school stating my child has no issues & that it is me. The mediation company have invited the school and the Headteacher & SENDCO are attending. I really don’t want them there but the Mediation company said they have to. I also asked for just one decision maker from the LA attend but I have been told the manager & case worker have to attend. I have also been diagnosed Autistic & I feel intimidated. I thought it was up to the parties in the mediation to request who is invited, not the mediator.

Can my child be placed enrol if Sections B&F are still outstanding but I is agreed?

Appeal against B, F & I. The LA have conceded on I. Placement is a non s41 school which my son started last week. The LA have updated their position to tribunal & placement is agreed in the working document. We are not yet agreed on B & F but the outstanding issues aren’t going to result in huge changes to provision however the school have now informed me that until the plan is finalised he can’t be placed enrol, so can’t attend full time and his place is at risk as he can’t be in transition for this length of time. With the appeal date so far away surely I can’t be forced to agree B & F or lose the school ?

If a school states that placing your child in their school renders the efficient education or use of resources. Is a judge still likely to overturn this if witness statements and evidence from the schools support their view point. What evidence can I bring to challenge this?

I will need to submit further evidence before the hearing.

I have received the consult response from SEND schools from the local authority Solicitor. When I respond back with my evidence /comments do I include all parties involved in the case and report back on which school I want named?

My child's case is at the tribunal as the local authority wants to place my child at a school 1 hour away outside of the local area. All other schools in our local area have reported being oversubscribed, not able to meet his needs. Additionally some state that my child would impact negatively on the needs of other existing students due to lack of resources and capacity.