Q:
Is there a standard of behaviour that the LA must adhere to during the appeal process?
My Tribunal Officer is using obfuscation to cause delay and avoid answering my queries. She has also promised that to remedy communication delays, the LA have approved to commence 1:1, as a 'goodwill gesture', however this hasn't happened. Is there anything that I can do besides complaining, which has had no effect? Thanks
A: SenseCheck
- 1 Yes
- 0 No
- 0 Other
- 06 Dec 2024
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Yes
Simple
Ms Huguet
Although an appeal in the First-tier Tribunal (FtT) is, in part, adversarial, it is expected that the parties will cooperate with each other and with the Tribunal to ensure that the proceedings are fair, just, and effective.
The "Noddy Guide" outlines the standards expected of the Local Authority (LA):
Q: 12.10 Does the LA have to ‘play fair’?
It is important to note that not all LAs deviate from the expected standards, though unfortunately, some do.
If matters are not progressing as expected due to the approach taken by the LA, a parent or young person can make a Request for Change (RFC) asking for a case management discussion (CMD). The CMD will allow the parent or young person to ask the Tribunal for any assistance they need to conduct their appeal effectively. The SEND7 form which is used to make the RFC should give details of the problems that have arisen, objectively describe their cause and what the parent or young person would like the Tribunal to do to resolve them.
Closer to the hearing date, the parent or young person can also raise any such issues in the SEND45 (case management form) that must be submitted to the Tribunal. In this form, they can request directions to resolve any difficulties that have occurred as a result of the approach taken by the LA.
I hope this is of assistance. It is understood that this is a very general answer, and I hope others can add to it.
Sean Kennedy
Sean Kennedy
Talem Law
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