Q:
When it mentions parties, I assume this includes me as the appellant in a case? And I've been asked to complete the exchange of evidence in regards to the school I'd like my child to attend, with details of the cohort, timetable and support he will get. I'm advised it should be in a witness statement. I'm confused about how to proceed. Should my information be documented in the RFC form?
These instructions are set out before a court hearing date.
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 15 Jul 2023
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Other
Other
Can't answer yes or no.:
In a SEND appeal being heard in the FtT, there are two parties involved: the applicant (this is as the correct name, although people often say appellant) and the respondent. Typically, this would be a parent and the local authority, respectively. So, YES, you are one of the parties. The Tribunal rules can be found here, and they clarify this terminology:
When it comes to the exchange of evidence or any other directions, it is important to adhere to the specified deadlines if you can. Evidence submitted by a parent or young person should be sent simultaneously to both the Tribunal and the local authority; these days this is usually via email. Usually, evidence takes the form of documents, which has a broader definition than one might initially assume and could include film, audio etc. Specifically, evidence, apart from oral evidence given at a hearing, is presented in paper form and may include witness statements, professional reports, and the like.
Without reviewing the directions issued in your appeal, it is not possible to to provide further commentary. My previous statements made in response to an earlier post were intended as general observations that may prove useful.
If you contact the Tribunal by phone, a member of the secretariat may be able to assist you in understanding how to comply with a specific direction, although they are unable to provide legal advice. Nevertheless, it is worth noting that if you are not represented, the Tribunal should consider this factor and I am sure they want to avoid parents being confused.
I hope this clarifies the situation to some extent, though I very much look forward to reading other contributions. Please post again if you have any additional questions.
Many thanks
Sean
Sean Kennedy
Talem Law
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