Q:
Section E Outcomes
I am going to tribunal shortly for B, F and I. I know section E outcomes are not appealable per se at tribunal, but is it possible to submit them and get them updated? If not when would this happen?
The AR is due about 3 weeks after tribunal, but I’m hoping just to roll the rulings of the tribunal over, rather than have a proper annual review and risk the LA trying to remove them!
Thank you!
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 24 Oct 2024
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Yes
Simple
When appealing to the First-tier Tribunal (FtT), you cannot directly appeal the contents of Section E (outcomes), as you are clearly aware. However, the Tribunal has the power to make consequential amendments. The following parts of the Noddy Guide explain this:
12.09 Can the FTT order changes to sections other than B, F and I?
That said, not all Panels are willing to consider Section E. The following suggestions may help persuade the Tribunal to make consequential amendments and amend the outcomes in the EHCP:
a) At the start of the hearing, request that they consider amending Section E.
b) Clearly indicate in the working document the proposed amended outcomes, and reference the evidence you are relying on.
Regarding the review meeting, which I understand is scheduled to take place three weeks after the Tribunal, the Tribunal has a service-level agreement stipulating that there should be no more than a 10-working-day delay in issuing the decision. However, delays in meeting this deadline are common, and there is also the possibility that the hearing may be part-heard. After the Tribunal’s decision, the Local Authority has five weeks to issue the amended EHCP. Therefore, when the review meeting takes place, you may or may not have received the Tribunal’s decision, and it is unlikely that the EHCP under appeal will have been amended by then.
How you choose to approach the review meeting is entirely up to you. However, in similar situations, some parents have treated the meeting as a ‘non-event’, particularly since their appeal has recently been heard, and the Tribunal, acting in place of the Local Authority, has made a very recent determination regarding the contents of the EHCP. These parents tend to dismiss any attempt by the Local Authority to undermine the Tribunal's decision, focusing instead on ensuring that the Tribunal's decision is implemented effectively.
If, however, you do not agree with the FtT decision, you will, of course, be given another right to appeal.
I hope this is helpful, and I look forward to reading any contributions others may offer.
Sean Kennedy
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