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Extended powers SEND Tribunal: Online Toolkit

This page contains updated information and guidance for the extended powers SEND Tribunal: extended appeals registered from the 1st September 2021. To view information relating to the National Trial, please click here.

We will continue to add new or updated resources over the coming month so please check back for more information.

Ministerial decision on the outcome of the National Trial

On 20th July 2021, the Department for Education (DfE) confirmed the extended powers given to the SEND Tribunal to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also included education elements, will continue.

The decision was been taken following the conclusion of the independent evaluation of the National Trial. The independent evaluation considered the impact of the trial on value for money on the public purse; the experiences and outcomes of families; and impacts on Local Authorities (LAs) and Clinical Commissioning Groups (CCGs). The evaluation has been published in full: Extended powers SEND tribunal: national trial - GOV.UK (www.gov.uk).

Guidance on the current extended powers and duties that will continue, is available to view: The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017 (legislation.gov.uk).

Guidance:

SEND Tribunal: extended appeals guidance – September 2021

This is a DfE guide for all local authorities (LAs), health commissioning bodies and parents and young people in England, on the extended powers SEND Tribunal: extended appeals. This guidance can also be used to inform advice that Information, Advice and Support Services (IASS) and others provide to parents and young people.

Summary for local areas explaining the key elements of the SEND Tribunal: extended appeals – September 2021

This short document set out the context, aims and objectives of the SEND Tribunal: extended appeals, and provided a helpful summary of the responsibilities of local authority SEND teams, health and social care commissioners, and the support available.

Frequently Asked Questions - September 2021

This document was developed for local authority SEND teams, health and social care commissioners, parents, and young people, to help answer some of the more frequently asked questions about the SEND Tribunal: extended appeals.

Tools and Templates:

Summary presentation slide on the SEND Tribunal: extended appeals – September 2021

This is a summary presentation slide that is used for briefing teams. It includes the context, aims and objectives of the SEND Tribunal: extended appeals, responsibilities of local authority SEND teams, health and social care commissioners, and the support available.

Sample Local Offer wording for local authorities – Updated September 2021

An updated example of wording local authorities can use to populate their local offers. It is a statutory requirement that all local authorities include information on the extended rights of parents within their local offers.

Sample decision letter checklist and summary wording for local authorities - Updated September 2021

A decision letter checklist which acts as a guide to support local authorities to amend or create the necessary decision letters in a compliant manner, along with summary wording on the Tribunal’s extended powers to include. It is a statutory requirement that all local authorities include information on the extended powers of the Tribunal in their decision letters.

Sample letter for drafting responses to recommendations - Updated September 2021

A response letter template with sample wording to provide a consistent structure for drafting responses to recommendation letters for health and social care commissioners.