Get information and support Free legal guides and template letters EHC plans, EHC needs assessments and appeals Appealing to the SEND Tribunal General advice for all appeals What happens after I submit my appeal? What happens after I submit my appeal: case review, management and JADR hearings The SEND Tribunal has wide case management powers. It won’t simply receive the evidence from you and the LA and wait for the hearing, it will use different methods to see if the case is ready to be heard and deal with any preliminary issues. Case review hearings In some instances the SEND Tribunal will contact you to invite you to a Case Review Hearing (CRH). These will be cases which involve appeals against the contents of an EHC plan and also extended appeals where the SEND Tribunal is asked to decide and make recommendations on issues concerning health and social care. The purpose of the CRH is so the SEND Tribunal can: consider whether the appeal is ready to be heard and decided deal with any outstanding issues between the parties, and estimate the amount of time required at any oral hearing for parties to present any additional evidence. The CRH will be listed to be held by video after the return of the Case Review form and evidence bundle deadline. It will usually last for up to 1 hour. A CRH may result in the parties being asked to participate in a Judicial Alternative Dispute Resolution hearing. If the SEND Tribunal does not ask you to attend this but you think it could be helpful, you can request it after the bundle deadline. Telephone case management hearings If the case is complex or there are issues which need to be sorted out before the hearing, you may be asked to have a telephone case management hearing (TCMH). This can take place by telephone or virtual video. You can also ask for the SEND Tribunal to arrange a TCMH if you feel it is needed. A TCMH is an opportunity for the SEND Tribunal to consider any preliminary issues which need to be sorted out before the hearing can be held, for example: whether further assessments need to be carried out, or where one party wants to postpone the hearing and the other does not. It may also be an opportunity to narrow down the issues in dispute. If there is a matter which needs to be resolved before the hearing, you can make a request for a TCMH using the Request for Changes form. For further information on this topic, see our main 'What happens after I submit my appeal?' page. Judicial Alternative Dispute Resolution Judicial Alternative Dispute Resolution (JADR) is a short hearing in which you and a representative from your local authority (LA) can meet with a SEND Tribunal judge to discuss your appeal to see if a compromise can be made, or if the case can be agreed without having to attend a full hearing. JADR is used in appeals about section I only. This is where an appeal concerns only the school or other setting (or type of setting) named in section I of an education, health and care (EHC) plan, or the fact that section I does not name a school or type of school. It is usually helpful to appeal sections B (special educational needs) and F (special educational provision) at the same time as section I, therefore, JADR is not used very often at the moment. If you appeal sections B, F and I and during the appeal the LA agrees to make all the changes you are seeking to sections B and F so the only issue left is your child’s placement, you can ask for JADR about section I though. It will also only be used where it is considered that there is a possibility of an agreement being reached. If you are appealing section I only, or section I is the only part of the appeal in dispute and you ask for JADR, a judge will assess your case to decide if JADR is worthwhile in the circumstances. If the judge thinks that it is, then you will be sent a letter with a date for your JADR hearing and instructions for joining it. The SEND Tribunal shared this information about JADR when it first trialled it too. What to expect at a JADR hearing JADR hearings take place virtually on the SEND Tribunal’s virtual platform. When joining the hearing, a SEND Tribunal clerk will welcome you and check your name and relationship to your child. You will then be placed in a waiting room until the judge and other attendees are ready. When everyone is ready, you will be accepted into the hearing room, where the judge will introduce themselves and explain the purpose of the hearing, and what they will do. They should also confirm that the representative from the LA is a decision maker and can make decisions on behalf of the LA, and therefore can concede the appeal if appropriate. This is really important so that you know that the JADR can be a useful process and it is possible for agreements to be made on the day. The judge will have a copy of your appeal bundle and have read through everything that has been submitted, so will understand your case and what you are asking for. At the start of the JADR hearing, they may summarise your case to make sure they understand the main points. You will be given the opportunity to confirm if this is correct and to explain your point of view. A JADR hearing takes no longer than an hour, and is an opportunity for the judge to give their views on the strength of your case (as well as the LA’s case). One benefit of JADR is that the judge can speak in confidence to each party individually and ask questions, as well as give their views on your case without the other party there. Therefore, you may spend some time in the virtual lobby while the judge talks to the LA representative, and you may also spend time speaking to the judge alone without the LA there. This is your opportunity to explain your main points, and also to ask any questions you may have about your case. Anything you discuss at a JADR hearing is confidential. If an agreement is not reached and you do attend a full hearing at a later date, the discussions which took place at your JADR hearing will not be passed onto the judge at the final hearing who will be making the final decision. It is therefore a really useful opportunity to understand how a judge views your case, and to ask about the strengths and weaknesses so that you can focus on these before your final hearing. How to prepare for JADR These steps can be helpful in ensuring that you are prepared for your JADR hearing: Make sure that you have spent time going through your bundle and know where to find the most important information that you might need to refer to. You can use post-it notes, highlighters or notes in any form that makes it easier for you to find what you need. Try to understand the relevant legal test for your appeal. It is important to know how a judge will make a decision, and what you should focus on. Think about if you would be happy to accept a compromise if offered by the LA. There are rarely compromises to be made in appeals against section I only but, in some cases, it may be possible so try to consider this before the JADR hearing. Be prepared to explain your child’s views if you have been able to obtain these, as the SEND Tribunal will always give due weight to them. Make sure you have somewhere quiet and comfortable to sit for the meeting, with reliable internet connection. Have the bundle in front of you, as well as a notebook and pen so that you can make notes of any important points that you want to mention, and you can make notes throughout the hearing. If you are attending the hearing with somebody else, such as your child’s other parent or a legal representative, you can also communicate with each other through notes. Our page about preparing for a hearing has more information. What happens after JADR? The next step after the JADR hearing depends on whether agreement was reached or not. If Then an agreement is reached at the JADR hearing the judge will draft a SEND Tribunal Order which will be sent to both you and the LA. Once this is issued, the agreement that you reached is legally binding and the LA will have to meet specific deadlines set out in law. If the LA is ordered to issue an amended EHC plan and the only change it says the LA must make is to the setting in section I, then this must be done within two weeks of the date of the SEND Tribunal Order (regulation 44 of The Special Educational Needs and Disability Regulations 2014). an agreement is not reached at the JADR hearing there is still time for you to continue to work with the LA and sometimes agreements can be reached after the JADR hearing, perhaps after the LA has had time to consider its position. If an agreement is still not reached, then the final hearing will go ahead as planned. If you need any advice about JADR or your own appeal, you can use our advice services. Manage Cookie Preferences