Can I still make an appeal to the Special Educational Needs and Disability Tribunal (SENDIST) during the COVID-19 pandemic?

The SENDIST is operating on a limited basis due to the outbreak of coronavirus. Parental SEN Appeals and Disability Discrimination Claims should still be filed by parents as usual and these are being registered and processed.

Cases which are ready for hearing are currently being offered by having a hearing on the papers alone; by teleconference or secure video-link, or by waiting for a face to face oral hearing (which may be delayed).  We strongly recommend that you take legal advice before agreeing to any form of hearing other than a face to face oral hearing.

CLC legal advisers are working as usual and can provide advice about how to proceed in individual cases.  You can call us on 08088085678 or email info@childrenslawcentre.org

What legal duties are affected by COVID-19 in relation to SEN?

During the emergency measures which were in place due to coronavirus the Department of Education issued Notices which meant that the legal duties owed to children with SEN were in some circumstances reduced to a “Best Endeavours” duty. Legal time limits for statutory assessment and statementing had also been affected. From 24th August 2020, these emergency measures no longer apply. All SEN legal duties have been restored to the normal standard as set out in the SEN legal framework