Appeals and mediation

Other types of hearing

Case Management Hearing (CMH)

These can be by Video Case Management Hearing (VCMH) or Telephone Case Management Hearing (TCMH). The purpose of a CMH is to gain clarity and direction from the Judge when things have become stuck or very confused. This is not a final Hearing.

Often, the Tribunal Judge calls this type of Hearing because they can see that things are unclear and not properly ready. Occasionally they may lead the Judge to determine there is still so much work to be done, that he or she decides to postpone the Hearing.

Either party can seek a CMH, for example, you might seek one if you believe the local authority is not doing what is required of them within the appeal process. Parents/young people can ask for a CMH as early as they like after successfully lodging their appeal and after the LA response, however the Judge can refuse but there must be good reason. This route can be particularly helpful when the appeal is mostly about evidence gathering. If your appeal is at least in part about the local authority's failure to commission specialist assessments for the purpose of identifying the extent of your child's educational needs, then a CMH may be very helpful in getting these assessments started.

If a VCMH or TCMH is arranged, you will be sent details of how it works and what to do. For the VCMH, everyone is given the log in details for the meeting. The Judge will give everyone an opportunity to speak, and the video/call will last approximately 30 minutes.

Following the CMH the Tribunal will send an Order to both parties confirming what the Judge has ordered each party to do and by when.

Judicial Alternative Dispute Resolution (JADR) Hearing

These Hearings are for Section I only appeals of an Education Health and Care Plan (EHCP). The JADR Hearing will be listed after the final evidence date and approximately 5 days before the date of the final hearing. They last about 1 hour.

The purpose of the JADR Hearing is to support parties to resolve their disputes by agreement. At the Hearing the Judge, will consider how to assist the parties to reach an agreement.

It may be possible for the Judge at the JADR Hearing to provide a view as to whether either party is being unrealistic, either in respect of the evidence provided to support the placement they propose or the grounds of Appeal or response. In some cases, it may be possible for the Judge to express an opinion as to the strength or weakness of the appeal or response (or parts of them).

These Hearings are private and confidential. The Judge who conducts the JADR Hearing will not conduct the final Hearing, (if there is no agreement). If the Judge expresses a view about the strength or weakness of the Appeal or response, or about the strength of the evidence, that is not binding on the parties, but it is hoped that it will help them to reach their own agreement.

Anything said at the JADR Hearing should be kept confidential, will not be recorded in the Order following the JADR and should not be referred to after that Hearing.

The Judge may issue a Consent Order if an agreement is reached. If the parties are not able to reach agreement at the JADR Hearing a short report will be prepared identifying the issues to be decided by the Tribunal and relevant legislative provisions to be taken into consideration.

The Local Authority may send an Education and Inclusion Service Manager to this Hearing/meeting.

Case Review Hearing (CRH)

SENDIST will list certain types of appeals for a Case Review Hearing (CRH). These will be cases which involve appeals against the contents of an EHCP and also Extended Appeals where the Tribunal are asked to decide and make recommendations on issues concerning Health and Social Care.

A CRH is a form of judicial care management allowed under Tribunal Procedure (Health, Education and Social Care Chamber) Rules 2008 Rule 5 (legislation.gov.uk).

These are held by video after the return of the Case Review Form (CRF) and evidence bundle deadline. They will last about an hour.

The purpose is for the Judge to consider whether the appeal is ready to be heard and decided by the Tribunal. It is also their job to 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. It will rely on the responses to the Case Review Form to do this and the Bundle.

A Local Authority Tribunal Officer will attend.