Tribunal Hearings
The fight to obtain the right provision and setting for your child is challenging. With the increasing waitlist for hearings with the Tribunal, as well as the risk of the hearing being delayed, there is a pressing need to get the correct result the first time.
This guide aims to answer some of the most frequently asked questions that are asked of us. However, if your question is not answered in this guide, our team of experienced education lawyers can assist. We have extensive knowledge of the Tribunal system and can provide advice regardless of which stage you are at.
Frequently asked questions
What is the difference between a solicitor/legal adviser and a barrister in their roles to the Tribunal?
Solicitors and legal advisers work on your behalf before the hearing. They can be instructed at any time, including before you have applied to the Tribunal. They will usually not present your case at the final hearing and instead will instruct a barrister to advocate on your behalf.
Barristers are instructed to speak on your behalf at the hearing. They outline the main points in dispute for the Tribunal and succinctly deliver your argument in line with the law and legal tests. They are also able to communicate with the other party to narrow down the outstanding issues and potentially come to an agreement before and during the hearing. This eases the pressure upon you as it means that you have to do less presentation during the hearing.
Solicitors bring their specialist expertise and knowledge of your case and experience of others. They will communicate with the Local Authority with your instructions and always work with the intention to find a way to settle without the need to go to a final hearing.
Solicitors also draft Tribunal documents, position statements, complete the Working Document, and instruct experts to complete reports and attend as witnesses.
Our solicitors at Tees have extensive and valuable experience with the pre-hearing process, with a significant number of our cases settling via consent without the need to go to a hearing. If you need help with your case, you can contact us for further information here.
Is it true that the Tribunal looks favourably on parents without representation?
No, this is not true. The Tribunal is designed to ensure that both parties can attend without prejudice should either party be unrepresented. This does not mean that the Tribunal will decide in your favour because you lacked representation.
In more complex cases, such as those involving specialist, residential, or education other than at school (EOTAS), it is recommended to have counsel (barrister), as the Local Authority is more likely to instruct representation themselves and the criteria to be successful are stringent.
Who will be in the hearing?
The Tribunal panel will consist of the judge and up to two specialist members. The specialist members are professionals with experience in special educational needs, such as educational psychologists (EP), occupational therapists (OT) or speech and language therapists (SALT), and headteachers.
Both you and the Local Authority will attend. Both parties are entitled to have representation and bring up to three witnesses each (or more if permission has been obtained from the Tribunal).
If an observer has received permission, they will also attend. They may be asked to turn off their camera for the duration of the hearing.
How should I address the judge?
Most Tribunal judges are happy for you to refer to them as ‘Judge’. Some may prefer that you address them more formally, such as ‘Judge Smith’ or ‘Mr/Ms Smith’.
Specialist panel members will typically go by their title and surname, such as ‘Mr/Ms Smith’.
If you are unsure, you are allowed to ask for their preference.
How will the hearing be held?
The vast majority of hearings are held online through the court’s secure web meeting system. This is not Zoom or Teams, and you will not require an account or login to access the hearing.
If you are unable to attend a remote hearing, you will need to ask for an in-person hearing in your Tribunal application. If your appeal has already been registered, you will need to request an in-person hearing as soon as possible and seek the views of the Local Authority.
How do I attend a remote hearing?
Approximately a week prior to your hearing, you will receive a document titled ‘Notification of Hearing’ from the Tribunal. This document includes instructions on how to join the remote hearing and the link to the hearing.
What should I do to prepare before the hearing?
If you are attending a remote hearing, you should ensure that your microphone and camera are working and that you have a secure internet connection. If you are attending from a battery-powered device, make sure that you have sufficient charge to last the hearing.
Throughout the hearing, both parties and the panel will refer to pages within the bundle. Ensure that you have access to the bundle so that you can follow along.
When should I join the remote hearing, and what will happen before it starts?
You should join at least fifteen minutes before the hearing. You will be placed in an individual waiting room. A Tribunal clerk will then ask you to confirm your audio and camera settings and that there are no other individuals in the room.
Depending on the clerk, they will ask you to either leave the hearing and rejoin when the hearing is scheduled to begin or place you in the waiting room again.
Does my child need to attend the hearing?
Generally, no. It is not a requirement nor expected for your child to attend the hearing, as your child’s wishes and feelings will have been obtained by the Local Authority and you are normally the best advocate for your child.
If you wish for your child to briefly attend the hearing to provide evidence, you should inform the Tribunal and the Local Authority at the earliest possibility. You will need to consider the age and aptitude of your child, and whether it would be appropriate for your child to provide evidence.
Am I allowed to bring someone to support me?
You are allowed to bring one person, sometimes known as a Mackenzie Friend. You must indicate who they are on your Case Review Form (SEND45). They are allowed to offer you support and assist with your documents. They will not be allowed to speak on your behalf.
If you have an advocate, you must indicate who they are on your Case Review Form. (SEND45).
If you have instructed counsel, you will usually not be allowed to bring a Mackenzie Friend. They may be asked to leave the hearing.
Will I have to be on camera?
Yes, you will have to be on camera, except in limited circumstances. If you have a specific reason why you would struggle to be on camera, you must let the Tribunal know that you require this adjustment either in your initial application or in your Case Review Form (SEND45). However, you are required to be on camera while giving evidence.
What reasonable adjustments can the Tribunal make?
The Tribunal can make reasonable adjustments to meet your needs. You must inform the Tribunal what adjustments you will require in your initial application or your Case Review Form.
Some adjustments include:
- you, the Local Authority, additional witnesses, and/or the specialist panel members may turn off their cameras when not providing evidence
- short breaks during the hearing
- additional time to consider arguments
What do I do if I require a translator?
You must inform the Tribunal as soon as possible if you require a translator, including the necessary language and dialect. Normally, this should be outlined in your initial application. The Tribunal will arrange for the translator to attend the hearing.
My question wasn’t answered
If your question wasn’t answered in this guide, our team of experienced education lawyers can assist. We have extensive knowledge of the Tribunal system and can provide advice regardless of which stage you are at. You can access our contact page here.
