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SEND Tribunal - LA Not Responding

NAS62048

Hi all, my partner is appealing a decision from our Local Authority to not issue an EHCP plan for her daughter. The tribunal requested the LA to provide evidence why the EHCP request was rejected, and the LA didn't respond to the tribunals request (response was due 30th Jan and as of today 23rd Feb no response has been provided). Tribunal have today written to the LA asking them why they have failed to respond and informing them they will be barred from the appeal hearing. Does anyone know what this means in reality if the LA haven't responded to a request for info and are barred from the hearing? Are the tribunal more likely to rule in our favour? Thanks

  • Also I’m fairly sure the tribunal can’t bar them from attending the hearing under its own rules. But it can bar them from saying anything which is I’m assuming what it’s done?

  • I mean they could have struck out their case, if they submitted one, but this still looks very bad for the LEA. This is the equivalent of a ref  awarding a penalty and then telling the team they can’t have their goalkeeper defend the penalty.