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Schools could face SEND tribunal penalties聽

Direction forcing schools and councils to follow rules on evidence bundles follows deluge of 'irrelevant' information

Freddie Whittaker

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Schools and councils face penalties if they do not follow beefed-up rules on evidence for tribunal hearings on SEND from July, a judge has warned, under a change enacted because of an increase in 鈥渋rrelevant鈥 information.

Guidance on the preparation of evidence bundles has existed for many years. But a senior tribunal judge told the the tribunal had been forced to issue a mandatory 鈥減ractice direction鈥.

Record numbers of parents are appealing council refusals to issue education, health and care plans (EHCPs), with nearly all winning their challenges.

In some cases, schools are required to prepare evidence for the tribunal.

Judge Meleri Tudur said the advent of more digital working, freedom of information and subject access requests meant more people were demanding files from the local authority 鈥渁nd then submitting them all, regardless of whether they are relevant or not鈥.

She also described receiving 鈥渢hreads of emails鈥 and other communications.

The direction limits core bundles to 100 pages and supplementary evidence to 200. It also stipulates that copies of correspondence and email threads between the parties should not be included 鈥渦nless relevant to a specific issue鈥.

Tudur said page limits had existed for years, but were now 鈥渆nforceable鈥, because 鈥減eople are sending us information that鈥檚 irrelevant鈥.

Blank forms and pages, multiple copies of the same document and professional and school reports more than three years old at the time of the appeal are also banned.

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