Withdrawing an Appeal

If you come to an agreement with the LA during the course of the appeal process , you can ask permission from the Tribunal to withdraw the appeal or request that the Tribunal issue a consent order . The Consent Order will acknowledge what has been agreed between you and the LA and the Tribunal will  issue a judicially binding order to this effect

Consent Orders

Rule 29 of the HESC Rules states

29.—(1) The Tribunal may, at the request of the parties but only if it considers it appropriate,
make a consent order disposing of the proceedings and making such other appropriate provision as
the parties have agreed.

(2) Notwithstanding any other provision of these Rules, the Tribunal need not hold a hearing
before making an order under paragraph (1), or provide reasons for the order.

Thus if you wish the Tribunal to issue a consent order that will put an end to the appeal and confirm what has been agreed between you and the LA , you will need to ensure that the Tribunal have heard from both you and the LA as to what you have agreed . This can be done in writing or orally at a Hearing . The Tribunal do not HAVE to issue a consent order but will do so if " they consider it appropriate "

Withdrawing an Appeal

Rule 17 of the HESC Rules set out the procedure to withdraw an appeal

17.—(1) Subject to paragraphs (2) and (3), a party may give notice of the withdrawal of its case,
or any part of it—

(a) at any time before a hearing to consider the disposal of the proceedings (or, if the
Tribunal disposes of the proceedings without a hearing, before that disposal), by sending
or delivering to the Tribunal a written notice of withdrawal; or
(b) orally at a hearing.

(2) Notice of withdrawal will not take effect unless the Tribunal consents to the withdrawal
except—...............

(4) A party which has withdrawn its case may apply to the Tribunal for the case to be reinstated.

(5) An application under paragraph (4) must be made in writing and be received by the Tribunal
within 28 days after—

(a) the date on which the Tribunal received the notice under paragraph (1)(a); or
(b) the date of the hearing at which the case was withdrawn orally under paragraph (1)(b).

(6) The Tribunal must notify each party in writing of a withdrawal under this rule.

We advise parents that if they come to an agreeement with the LA , they have written, dated  and signed evidence of the agreement before they withdraw the appeal. If you do not have this , we do not recemmend that you withdraw the appeal as it is essential that all parties know what they have agreed to before asking the Tribunal to put an end to the proceedings

In cases where you are appealling over 

• a refusal to carry out a  statutory assessment , this will be a letter from the LA saying that they are carrying out a Statutory Assessment under s 323 of the Education Act 1996
• a refusal to issue a statement , this will be the issuance of a proposed statement or a letter confirming that the LA will issue a proposed statement following the statutory assessment and the date when this will be issued
• the contents of the statement , the issuance of a final amended signed statement with all the agreed amendments in Part 2,3 and 4 
• ceasing to maintain the statement , the issuance of an amended final dated statement setting out any amendments you have requested to Parts 2 and 3 in addition to Part 4 

How to Withdraw the Appeal

This must be done in writing and copied to the Tribunal and LA . The easiest way to do it is through a Request for Changes Form ( available on the Tribunal website ) ; you ask for permission to withdraw the appeal and give brief reasons for doing so - you may need to say no more that you have come to an agreement with the LA as to the contents of the appeal.

The Tribunal Service will then inform you in writing whether they have accepted the withdrawal of the appeal.

Unfortunately many cases settle only a day or to before the hearing ; in this case the easiest way to request a withdrawal is to fax or scan a signed request for changes form to the Tribunal and telephone them to tell them that you have sent it . The Tribunal Service will then contact a Tribunal Judge and contact you as to whether the request to withdraw has been accepted

In most circumstances the Tribunal will agree to a withdrawal. However in a few very complex cases they may still wish the parties to turn up and hold a Hearing .If the Tribunal do not agree to issue a consent order or allow you to withdraw the appeal , you will need to turn up to the Hearing and discuss the issues with the Tribunal Panel