The Decision

How will you come to a decision?

The tribunal panel makes the decision by considering all the evidence. This includes the documents you and the LEA send before the hearing and also what is said at the hearing. Whatever the tribunal decides, you and the LEA must accept this decision.

When will I know your decision?

We aim to post our decision and the reasons for that decision to you and to the LEA within 10 working days of the hearing. Some cases need a little more time before we can send out the decision. We cannot tell you (or the LEA) our decision over the phone.

Can I ask you to reconsider

You and the LEA can ask us to review our decision if you think there is a technical problem with the decision or the way it was made. We will not review our decision simply because you are not happy with it. We must receive your request within 10 working days of the date we issued the decision. That request must give all your reasons. A review does not replace an appeal to the High Court.

Can I appeal against your decision to the courts?

Both you and the LEA can appeal to the High Court against our decision but only on points of law. If you need advice about this, a solicitor or a voluntary organisation will be able to help you. You have 28 days from the date we issued the decision to appeal to the High Court.

How long does the LEA have to put in place your decision?

When we have decided on your appeal, unless there is a review or an appeal to the High Court, the LEA must follow the decision within a fixed period, beginning with the date we issued the decision. Depending on the type of appeal, the LEA should follow the timescales below:

• To start the assessment or reassessment process - 4 weeks;
• To make a statement - 5 weeks;
• To change a statement - 5 weeks;
• To change the school named in line with parents' wishes - 2 weeks;
• To continue a statement - immediately;
• To cancel (cease to maintain) a statement - immediately.
  

These timescales also apply when the LEA tells us that it does not oppose the appeal.

What if the LEA doesn't carry out your decision?

By law, the LEA must carry out our decision. If the LEA has not done this within a reasonable time, you can write to complain to the National Assembly for Wales.

Will I have to pay any costs if I lose the appeal?

You and the LEA will not normally have to pay each other's costs. In very rare
circumstances, if we think that either you or the LEA have acted unreasonably, or deliberately wasted our time, the LEA may have to pay your costs, or you may have to pay theirs.