Other Types of Hearings

The tribunal will list certain types of appeals for a Case Review Hearing (CRH). These will be cases which involve appeals against the contents of an EHCP and also Extended Appeals where the Tribunal are asked to decide and make recommendations on issues concerning Health and Social Care.  

The purpose is for the Judge to consider whether the appeal is ready to be heard and decided by the Tribunal. It is also their job to deal with any outstanding issues between the parties and estimate the amount of time required at any oral hearing for parties to present any additional evidence.

These are held by video and on the return of the Case Review Form (CRF) and evidence bundle deadline. They will last about an hour.

It will rely on the responses to the Case Review Form to do this and the Bundle.

A Local Authority Tribunal Officer will attend.

If there is an appeal that involves Section I (educational placement) of the EHCP these could be listed to include a JADR.

The purpose of the JADR hearing is to support the parties to resolve their disputes by agreement and to ensure that both parties are on an equal footing. At the hearing the judge, who has been trained in judicial mediation, will consider how to assist the parties to reach an agreement.

When you are given notice of a JADR hearing you are required to attend. A parent may be accompanied by a supporter.

The JADR hearing should be listed approximately two weeks before the date of the final hearing. It should last up to 1.5 hours and will have a judge, parent/carer and representative from the Local Authority that can make decisions in attendance.

At the JADR hearing the Judge is likely to provide a view as to whether either party is being unrealistic, either in respect of the evidence provided to support the placement they propose or the grounds of appeal or response.

In some cases, it may be possible for the judge to express an opinion as to the strength or weakness of the appeal or response (or parts of them).  These views can be expressed to both parties and it is hoped that it will help the parties to reach an agreement.

JADR’s are private and confidential hearings, the judge who conducts the JADR hearing will not conduct the final hearing.

Anything said at the JADR meeting should be kept confidential and not referred to after that hearing. There will be no recording of the hearing.

The Judge may issue a Consent Order if an agreement is reached. If the parties are not able to reach agreement at the JADR Hearing a short report will be prepared identifying the issues to be decided by the Tribunal and relevant legislative provisions to be taken into consideration.

These can be by Video Case Management Hearing (VCMH) or Telephone Case Management Hearing (TCMH). The purpose of a case management hearing is to gain clarity and direction from the Judge to make sure the hearing runs smoothly.   This is not a final Hearing.

The case may be complex and a Telephone Case Management hearing may be necessary to address any outstanding issues before the final Hearing.  

Either party can seek a CMH, for example, you might seek one if you believe the local authority is not doing what is required of them within the appeal process. Parents/young people can ask for a CMH as early as they like after successfully lodging their appeal and after the Local Authority (LA) response, however the Judge can refuse but there must be good reason. This route can be particularly helpful when the appeal is mostly about evidence gathering.

Telephone Case Management

This is where a conference call is arranged between the Tribunal judge, the local authority and you (and/or your representative). You will be given a number to call and call joining instructions beforehand.

It might be that one party has requested this or perhaps the judge would like something clarified ahead of the hearing. Sometimes it can be just to set a new hearing date.

You can also request Telephone case management, perhaps where you would like some information from the local authority or clarification of something that cannot wait until the hearing.

If there is a matter which needs to be resolved before the hearing, you can make a request for a TCMH using the Request for Change Form

Video Case Management

For the VCMH, everyone is given the log in details for the meeting. The Judge will give everyone an opportunity to speak, and the video/call will last approximately 30 minutes.

Use the Request for Change Form (and send a copy to the local authority) to explain why you would like the SEND Tribunal service to arrange this for you.

Following the Case Management Hearing the Tribunal will send an Order to both parties confirming what the Judge has ordered each party to do and by when.