What is the situation when an appeal for a particular school is successful but where the LA challenges that decision via an appeal to the Upper Tribunal?

September 21, 2022

Can the child or young person start the placement agreed by the First-tier Tribunal or do they have to wait until they receive the decision of the Upper Tribunal?

The LA should comply with a decision of the SEND Tribunal within certain timescales.  Where the Tribunal has ordered the LA to amend a child’s EHC Plan the final amended EHC Plan must be issued within 5 weeks of the Tribunal’s Decision.  Where the Tribunal has ordered the LA to change the named school the LA must issue the final amended EHC Plan within 2 weeks of the Tribunal’s Decision.

Where a LA delays in complying with a Tribunal Decision it is possible for the child or young person to issue Judicial Review proceedings seeking a Court Order compelling the LA to implement the SEND Tribunal’s decision.

Either party may consider appealing to the Upper Tribunal against a decision of the first tier SEND Tribunal but an appeal can only be brought in limited circumstances i.e. on a point of law and it is necessary to obtain permission to appeal.  If the LA decided to appeal and obtained permission the appeal would proceed and be heard in the Upper Tribunal.  The decision of the SEND Tribunal would still remain valid until it was set aside by the Upper Tribunal and so the SEND Tribunal Decision should be implemented unless the LA has applied for, and been granted, a Stay of Execution pending the final hearing in the Upper Tribunal.

Contact us

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.