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• 05 Aug 2024

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  Simple

  Too fact specific, I can't generalise.:

  I will address this question in terms of varying the directions, as the issue of securing a preferred placement has been discussed elsewhere. Additionally, Chapter 9 of the Noddy Guide provides excellent guidance on this matter.

  Navigating this situation can indeed be challenging. Rule 5 of the Tribunal Procedure Rules endows the Tribunal with extensive case management powers, including the authority to amend directions. These Rules are accessible here: Tribunal Procedure Rules.

  Requests to vary directions outside a hearing should be made using a SEND7 form, available on the Tribunal's website. The procedure for this is detailed in Rule 6. When sending the completed SEND7 form to the Tribunal and the Local Authority (LA), along with any supplementary documents if necessary, the applicant must:

  a) Provide the rationale for making the application (often referred to as a request for changes). 

  b) Confirm that they have consulted with the other party – in this case, the LA – and include the LA’s response to the application. (a requirement contained in the SEND7 form)

  It is crucial to present clear and coherent reasons that persuasively justify why the request should be granted. Given the current very high demands on the Tribunal, the reasons must be compelling to expedite a hearing and any related directions. For instance, minimising the delay for a child to attend an appropriate school may be a significant factor that the parent could elaborate on.

  It is beneficial if the LA concurs with the request. If they do not, it would be prudent to comment on any potential detriment to the LA  should the application be granted and compare this to the benefits to the CYP if it were granted. Often, it is difficult to identify a tangible detriment to the LA if the application is granted, though LAs can frequently be supportive.

  When requesting a variation of time limits and/or the date on which a hearing is listed, it is advantageous to submit draft directions agreed upon with the LA alongside the request and ask for them to be considered.

  The Tribunal will review the application to determine if granting it serves the interest of justice. This "interest of justice" is a broad and adaptable standard that permits courts to make decisions to ensure fairness and equity within the legal process. Specifically, the Tribunal will assess whether granting the request aligns with the overriding objective, which is detailed in Rule 2.

  I trust this information proves helpful and look forward to reading further contributions.

  Sean Kennedy.

  

  Sean Kennedy
  Talem Law

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