Q:
What's the next step if a local authority agrees to name the parents school preference? Does the appeal get cancelled in light of LA's decision?
The final appeal date is near.
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 28 Oct 2023
-
Yes
Simple
The principle is that when you appeal to the FtT, and you want something to happen either one or both of the parties have to ask for it.
Firstly, if what you have said is indeed the case, that is certainly positive news. In terms of moving forward, if there are no other areas of disagreement between the parties, I would recommend agreeing a final version of the working document. This version should include, among other details, the school that should be named in Section I of the next EHCp to be issued. Subsequently, send this document along with a draft consent order which makes reference to the mutually agreed-upon version of the working document to the FtT. Both parties should sign the draft order that is submitted to the Tribunal.
The LA should be able to draft the consent order. That said, if you contact the Tribunal, they might be able to provide you with a template consent order, which you can easily complete, sign, and return. In summary, the draft consent order should state that the parties have agreed on a referenced working document, and the LA will produce the next version of the EHCp based on its contents by a specified date. On this basis, the proceedings are brought to an end, albeit this is at the discretion of the Tribunal.
I trust that this guidance proves helpful. Naturally, I am keen to read any alternative suggestions.
Sean Kennedy
Talem Law
|
Comment