The hearing

1. What is the hearing?

The hearing is the meeting at which a tribunal panel listens to what you and the other side have to say and reaches a decision.

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2. Where will my hearing be held?

The Tribunal aims to hold hearings at venues that are reasonably easy to get to.

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3. What time will the hearing start?

Your hearing will normally start at either 10.00am or 2.00pm depending on whether it has been scheduled for a morning or afternoon. We will do our best to make sure that the hearing starts on time.

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4. Who will be at the hearing?

The following people will be there:

Occasionally there may be someone else there to watch how the tribunal is run, or as part of their training for tribunal work.

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5. What should I do if I need an interpreter or signer?

If you need an interpreter or signer, please tell us as soon as possible, and we will arrange for one to be at the hearing.

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6. Who will hear my case?

A tribunal panel is made up of three people. The Judge of the panel is legally qualified. The other two members will have knowledge and experience of special educational needs (for SEN appeals) and disabled children (for disability claims).

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7. Do I have to go to the hearing?

Please let us know if you do not intend to come to the hearing. The tribunal will normally find it helpful to hear anything you have to say, and may want to ask you questions if something in the documents you have sent is not clear. You may want to ask questions yourself. You will probably find it useful to make notes about the points you want to make, and bring them with you on the day.

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8. Can I have a representative at the hearing?

You can send someone to the hearing to represent you, whether or not you go. Please give their name and address on the attendance form we send you.

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9. Can my representative be a lawyer?

You can bring a solicitor or barrister to represent you, but you will not get legal aid for this.

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10. Can both parents go to the hearing?

Any parent of the child can go to the hearing.

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11. Can my child go to the hearing?

Your child may go to the hearing to give his or her views. However, the Judge may not allow your child to stay for the whole hearing. You should therefore arrange for a friend or relative to come along and look after your child while you are in the hearing.

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12. Can I bring anyone else to support my case?

You can have up to three witnesses at an SEN hearing and up to five at a disability discrimination hearing, although this many should be unusual. We will only allow extra witnesses if there are special circumstances.

You can also bring two other people with you for support, but they will not be able to take part in the hearing. You will need to tell us who they are on your attendance form.

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13. Who should be witnesses?

Decide who to bring as witnesses in two stages. First, decide what points you want to emphasise. Then, choose the witness(es) who can best support those points. They should know your child personally and be able to give facts and opinions about the matters on which you and the other side disagree.

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14. How does the Tribunal appoint a joint expert witness?

If the parties want a joint expert that is a matter to be resolved between themselves and that discussion will no doubt include how the parties themselves intend to pay for that expert.

The tribunal will not order a joint expert of its own volition and will not pay for any experts, jointly instructed or not.

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15. What if a witness refuses to go to the hearing?

If someone you have asked to be a witness is unhappy about going, you can write to the Tribunal explaining why you feel it is essential. If the Tribunal agrees, we will send you a witness summons for you to give to the person, requiring them to attend.

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16. What happens when I get to the hearing?

When you get to the hearing, the clerk will show you into a waiting area. When the Tribunal is ready, the clerk will take you into the Tribunal hearing room. In most cases everyone taking part in the hearing will sit around the table. The Tribunal Judge will explain the procedure to you before the hearing begins.

Do watch the video we send you to give you an idea of what to expect.

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17. What will happen during the hearing?

The tribunal will want to find out the following from you and the other side:

The Tribunal Judge will try to make the procedure as straightforward as possible so everyone can give their point of view. The tribunal will ask questions without using legal or educational jargon. If their questions are not clear, you can ask them to explain what they mean before you answer. The Tribunal Judge will suggest that they deal with different parts of the case, one at a time. You will not have to make a statement about the whole of the case. This will give everyone the chance to look at the points as they come up.

The Tribunal will give you the chance to add anything you feel is important but have not mentioned. If you make a list beforehand of the points you would like the tribunal to consider, you can then tick them off as they are discussed. At the end of the hearing, you can bring up any which are left out.

At the end of the hearing, the Tribunal will tell you that you will receive the tribunal's decision by post.

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18. How long will the hearing last?

The length of your hearing will depend on what you were appealing about, and the number of witnesses present. Some cases last half a day but others can last a full day.

Very occasionally, the tribunal members need more evidence. If this is the case, the Tribunal Judge will explain what the tribunal needs, and will ask you to come back another day. This will give you or the other side time to produce this.

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