The Hearing
How much notice will I have of my hearing?
When we write to tell you that we have accepted your appeal,
we will ask you and the LEA to tell us the dates when you
would be available for a hearing. You should speak to your
witnesses and your representative to make sure they are free
on the dates you give.
We will then fix a date. If we do not hear from you, we will
go ahead and fix a date.
When do I need to say who my witnesses are?
We will let you know your hearing date as soon as we fix it,
and we will send you a form to fill in to provide details
of who you will be bringing to the hearing. If you do not
give us this information by the time we ask you to return
the form your representative or witnesses may be prevented
from coming to the hearing. If you cannot tell us who you
will be bringing to the hearing by the date we ask you to
let us know, we may be able to give you more time. If you
change your representative or witnesses, and you have returned
your attendance form or given us these details, you should
tell us about the
changes as soon as possible.
We will write to you around 10 working days before the hearing,
to confirm the date, time and place of the hearing, and let
you know who will be coming from the LEA.
Where will my hearing be held?
We hold hearings throughout the country and we will try to
hold your hearing as close as we can to where you live. We
aim to limit your travel to the hearing to no more than one
and a half hours.
What time will the hearing start?
We usually hold hearings within normal working hours. We will
fix your hearing for a specific time and will normally book
it to last half a day. Most hearings start at 10 am. We will
do our best to make sure that the hearing starts on time but
there will sometimes be delays.
Who will hear my appeal?
A tribunal panel made up of three people will hear your appeal.
One person on the panel is a lawyer who will chair the hearing.
The other two members will have knowledge and experience of
special educational needs.
Will the hearing be in private?
Hearings are normally in private but you can ask (on the attendance
form we send you to fill in) for your appeal be heard in public
and say why it should be. You and the LEA can agree that the
hearing should be in public.
Do I have to come to the hearing?
It is important that you come to the hearing but you do not
have to. We will want to hear anything that you have to say
and may want to ask you questions if something in the documents
you have sent is not clear. You may want to ask questions
yourself. You will probably find it useful to make a list
of the points you want to make and bring them with you to
the hearing.
If you decide not to come to the hearing, or decide to send
a representative, you should tell us on the attendance form.
In this case, you can send a letter to support your appeal
but we must receive it at least 5 working days before the
hearing.
Can I have a representative at the hearing?
You can send someone to the hearing to represent you whether
or not you come yourself. If you do, you must put your representative's
name and
address on the attendance form we send you. If you have had
someone helping you with your appeal, they do not need to
be the person who represents you at the hearing. If you decide
to send a representative after you have returned the attendance
form, you should write separately to tell us so.
Can my representative be a solicitor?
You can bring a solicitor or barrister to represent you but
you will not get public funding for this. You will need to
tell us about your representative on your attendance form.
Do I have to answer questions at the hearing myself?
Even if you bring a representative to speak for you about
your reasons for appealing and to help you put your point
of view, the tribunal members may still want to ask you some
questions. For example, they may want to ask you about your
child's needs at home. You do not have to answer these questions
if you do not want to.
Can both parents go to the hearing?
Yes. Anyone who has parental responsibility for the child
concerned may go to the hearing. If a parent who has not sent
us the appeal comes to the hearing, we may allow him or her
to give their view at the hearing.
Can my child go to the hearing?
Your child can go to the hearing and give evidence. However,
you should remember that it is unlikely that your child will
stay for the whole hearing. You should arrange for a friend
or relative to come as well as we will not be able to look
after your child.
Can I bring anyone else to support my case?
You may bring up to two witnesses to the hearing. You must
provide their details on the attendance form. In very rare
circumstances, the president may give you (and/ or the LEA)
permission to bring more than two witnesses. You must ask
for permission for this (in writing or on your attendance
form) well before the date of your hearing, explaining why
you need more than two witnesses. If it is impossible to write
to us before the hearing, you can ask the tribunal panel at
the start of the hearing. The LEA will be able to do this
as well. The panel will only rarely allow extra witnesses.
You may also bring two other people with you for support but
they will not be able to take part in the hearing. You must
tell us who they are on the attendance form. The president
may decide that someone you name cannot go to the hearing.
What if a witness refuses to come to the hearing?
If someone you have asked to be one of your witnesses is unhappy
about coming, you can write to the President explaining why
you feel it is important that the person is at the hearing.
You should write as soon as possible if you want to ask for
a witness summons. We will need at least 8 working days before
the hearing to handle your request. If the President agrees,
he or she will send you a witness summons that you should
give to that person. That person must then come as a witness
unless there are strong reasons
why they cannot.
Who will be at the hearing?
The following people may be there:
- You, and possibly your child;
- Any other parent of the child who wants to go;
- Your representative, if you have one;
- Your witnesses, if you have any;
- Anyone else you want to be there, up to a maximum of two
people, who will not be taking part in the hearing;
- The LEA's representative;
- The LEA's witnesses, if there are any;
- The three members of the tribunal;
- The tribunal clerk, who will show you where to go, explain
briefly what will
happen, and give any help you may need;
- Any interpreters or signers, if these are necessary.
There may also be someone there to watch how the tribunal
is run, or someone who is being trained by the tribunal.
What happens when I get to the hearing?
You should aim to get to the hearing in good time. Our clerk
will meet you about 10 to 15 minutes before the start. They
will explain what will happen, where things are and will answer
any questions you have. They will tell you where to wait and
if there is going to be any delay to the start of the hearing.
What happens during the hearing?
Our clerk will take you into the hearing room. In most cases,
all those taking part will sit around a table. The chairman
will explain the procedure to you before the hearing begins.
The members of the tribunal will want to find out the following
from you and the LEA:
- What you think the relevant facts are;
- What conclusions you think the tribunal should come to;
- What you think should now be done for your child.
The chairman will try to make the procedure as straightforward
as possible so everyone can give their point of view. The
tribunal members will ask questions without using legal or
educational jargon. If their questions are not clear, you
can ask them to explain what they mean before you answer.
The chairman will suggest that different parts of the case
are dealt with one at a time so you will not have to make
a single statement about the whole of the case. This will
give everyone the chance to look at the points as they come
up, without getting muddled.
How will my witnesses give evidence?
Witnesses will be able to give evidence on each point. Both
you and the LEA will be able to ask them questions. Witnesses
will normally stay for the whole hearing.
Will I be able to ask my own questions?
The discussion at the tribunal hearing is not limited to the
points the chairman raises. You will have the chance to add
anything you feel is important but has not been mentioned.
It may be a good idea to make a list beforehand of what you
would like the tribunal to consider. You can then tick the
matters off as they are discussed. At the end you can bring
up any which were left out.
At the end of the hearing the chairman will tell you that
you will receive our decision by post. You will usually get
our decision about two weeks after the hearing.
How long will the hearing last?
The hearing will normally last up to three hours, but there
is usually a short break. If you need other breaks, you should
ask the chairman. There may be cases when the hearing lasts
longer than this.
Very occasionally the tribunal members may need more evidence.
If this is the case, the chairman will explain what the tribunal
needs and will ask you to come back another day. This will
give you and the LEA time to produce the evidence.
What expenses can I claim?
You will be able to claim travel expenses for you and your
child, if they come to the hearing. If you bring along a relative
or friend to look after your child, you will be able to claim
travel expenses for them as well.
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