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Appeals and tribunals

After the hearing

The Tribunal Service will inform you and the local authority of the appeal outcome within 10 working days of the hearing.

The local authority have to comply with the tribunal appeal decisions. The SEND regulations set out the deadlines for the local authority: 

  • If the decision is to cease the plan, the local authority must cease the plan immediately
  • if the local authority must carry out an assessment it must notify the parent or young person within two weeks of the order. The local authority must decide if they are issuing a plan and notify the parent or young person if they are not within 10 weeks of the order. If the local authority decides to issue a plan this must be done within 14 weeks of the tribunal order.
  • If the local authority must issue an EHCP, the draft plan must be issued within 5 weeks of the order and the final plan within 11 weeks of the tribunal order.
  • if the local authoirty must reconsider their decision, they must o this within 2 weeks of the order
  • if the local authority must amend the EHCP, they must issue this within 5 weeks of the order
  • if the local authority must namea school or other institution in section I, the amended plan must be issued within 2 weeks of the order
  • if the local authority must continue to maintain an EHCP this is an immediate ruling. 
  • if the local authority must amend and continue to maintain an EHCP, the amended plan must be issued within 5 weeks of the order

If there are exceptional circumstances, such as the child or young person being unavailable during the assessment period, then the local authority may not meet these time frames.