All bundles for any SEND or DD final hearing listed to take place after 15 July 2025 must adhere to a new practice direction. The impact for local authorities is set out below:
Local authorities and their advisors should be aware of the newly issued practice direction for the preparation of hearing bundles in the special educational needs (SEND) and disability discrimination (DD) jurisdictions of the Health, Education and Social Care Chamber of the First-tier Tribunal.
A link to the practice direction can be found here.
The practice direction sets out the ground rules for the preparation of the relevant bundles and to summarise.
Why is it needed
It has been produced to achieve consistency in the preparation of hearing bundles in these cases and it underscores that the respondent local authority or responsible body is required to prepare bundles for tribunal hearings that comply with the practice direction and the accompanying schedules, (one for each of SEND and DD cases).
When does it apply
- the practice direction will have effect for bundles being used in any SEND or DD final hearings listed to take place after 15 July 2025
- it applies whether the bundle is prepared in electronic or paper form
- it applies whether a bundle is being issued for the first time or is being re-issued.
Sanctions for not complying
- rejection of the bundle - any bundle that fails to comply with the practice direction could be rejected by HMCTS, a judge or a legal officer in advance of the hearing unless there is an accompanying note explaining why non-compliance is necessary
- vacation of the hearing or strike out - a failure to comply with any part of the practice direction may result in the listed hearing date for the case being vacated at short notice, or the tribunal striking out a case or barring a party from participating further in the appeal or claim
- costs - it may result, in certain limited circumstances, in a costs order
- barring from the proceedings - a failure to comply with the deadline imposed for production of the hearing bundle may lead to the automatic barring of the local authority or responsible body from further participation in the proceedings, and could lead to the LA or RB’s response to the appeal being struck out. Reinstatement to the proceedings would be at a judge’s discretion.
Conclusion
The rules relating to the practice direction impact on all bundles for final hearings on SEND and DD cases to be heard after 15 July 2025. The possible sanctions (as set out above) may apply to a failure to comply with any part of the practice direction. It is therefore imperative that local authorities are aware of the entirety of the requirements and adhere stringently to them.
Presumably, the intention is that respondent local authorities and responsible bodies review bundles which have already been filed if the hearing is due to take place after 15 July 2025. Many appeals and claims are listed for determination at a hearing after that date given the tribunals’ workload.
It will be interesting to see how strictly the practice direction is enforced – it may be that the initial approach to a non-compliant bundle will be rejection and an order requiring the party preparing the bundle to file a compliant bundle within a short period of time. The tribunal may take a stricter approach if a hearing is proximate.
