The decision

1. How will the tribunal come to a decision?

The tribunal makes its decision by considering all the evidence. This includes the documents which you and the other side send us before the hearing, and also what was said at the hearing. Whatever the tribunal decides, you and the LA must accept their decision. However you can apply for a review.

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2. When will I know the tribunal's decision?

We aim to post the decision and the reasons for it to you and to the other side within 10 working days of the hearing. Some cases need a little more time before we can send out the decision. We will not tell you the tribunal's decision over the phone.

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3. Can I appeal against the tribunal's decision?

The tribunal's decision is final as far as the facts of the case are concerned. Both you and the other side can appeal to the Upper Tier Tribunal against the tribunal's decision, but only if you think it got the law wrong. You cannot appeal against the decision simply because you are unhappy about it. If you need advice about appealing, you should talk to a solicitor solicitor or other representatives that are familiar with this area of work.

You and the other side can ask us to look at the decision if you think there is a technical problem with the decision or the way it was made. We will not review the decision simply because you are not happy with it. We must receive your request within 10 working days of the date we issued the decision.

All appeals in relation to decisions sent out after 3rd November must be made to the Upper Tribunal and not to the High Court. We will be issueing a guidance note shortly.

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4. What if the LA or Responsible Body doesn't carry out the Tribunal's decision?

The tribunal's decision is binding and there will be a deadline for carrying it out. If the LA (in SEN appeals) or the responsible body (in disability claims) does not do this within the time limit, you can write to the Secretary of State at the Department for Children, Schools and Families, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT.

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5. Will I have to pay any costs if I lose the appeal?

You and the other side will not normally have to pay the other's costs. In very rare circumstances, if the tribunal thinks that either party has acted unreasonably, or deliberately wasted the tribunal's time, the other side may have to pay your costs, or you may have pay theirs.

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