Can parents recover the costs of having to appeal to the SEND Tribunal?

May 24, 2022

The general rule is that there should be no order for costs and in the majority of cases, each party is responsible for their own costs in pursuing or defending an appeal.  The tribunal will not normally make an order in respect of costs so that parties are not deterred from bringing or defending appeals.

Whilst the First-tier Tribunal (Health, Education and Social Care Chamber) Rules gives the Tribunal power to make an order for costs, if it considers a party to have acted “unreasonably” in bringing, defending, or conducting proceedings, such orders should be the exception, not the rule.

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At Tayntons we can advise you on the best course of action if you are having difficulties with the local authority over your child’s needs.  Our team represents parents of children with a range of SEN.

If you would like to speak to our expert SEN law solicitor, Imelda Brennan, call us on 0800 158 4147, email us at info@tayntons.co.uk  or request a call back and a member of our team will be in touch promptly.