The Tribunal is expected to be proactive in identifying whether a case is suitable to be part of the  National Trial. If a parent or young person has already appealed they can request that the SEND Tribunal “open up” the appeal to include health and/or social care as part of its consideration. You will need to first notify your LA that you want to include health and/or social care in the appeal and seek its views. Having obtained a response from your LA (we suggest giving your LA a deadline to reply to you), you can then make the request to the Tribunal using what is called a “request for change” form (SEND 7). You will need to give your reasons as to why you want to include health and/or social care in the appeal and include your LA’s response. If your LA has not responded, you can explain this to the Tribunal in your request. The Tribunal will then notify you of its decision as to whether or not it agrees to allow your request to include health and/or social care issues in the appeal.

If you are seeking to extend an appeal to include health and/or social care this could lead to a delay in your appeal, including an adjournment of the hearing (the date being put back).