Q:
where the Parents and the LA have been in Sendist Tribunal for nearly two years , the reports are outdated . The LA have had over 7 extensions of time , Can I appeal this with a JR ?
first tier tribunal but reports outdated by 2 years , no support from health or education during that time
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 13 May 2024
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Other
Simple
Can't answer yes or no.:
Ms. Lough,
It's important to clarify that a Judicial Review differs from an appeal. Here's a resource outlining the purpose of Judicial Review: https://www.judiciary.uk/how-the-law-works/judicial-review/
If the parents are contemplating a Judicial Review seeking legal advice is strongly advisable. To inquire about public funding availability, the parents can call 0345 345 4 345 or they can contact a firm that specialises in public law. As I am sure the parents are aware, regardless of the Tribunal proceedings, the NHS's and LA’s obligations towards a child or young person continues and if this is not happening, it is reasonable to take appropriate action.
As far as the Tribunal proceedings are concerned a party can request a Case Management Hearing (CMH). This can be done by completing a Request for Changes Form:
https://www.gov.uk/government/publications/form-send7-request-for-change
During the CMH, parties can propose any directions they believe would serve the interests of justice. Any such application would need to be substantiated with reasons.
Alternatively, parties may prefer to request the necessary directions by submitting an RFC, though some find it easier to put their requests in person to a Judge at a CMH.
I trust this information proves useful. Please indicate if it is by pressing the thumbs up button. Nevertheless, I am eager to read any additional input regarding the questions raised.
Further, if you have any more queries, please raise them and we will see if we can assist.
Best wishes,
Sean Kennedy
Sean Kennedy
Talem Law
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