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Claiming costs for an adjourned SENDIST hearing - Request for application format/template & advice

9 replies

ChrisInNeed · 27/07/2014 17:04

I have been through a very stressful SENDIST appeal following a less than professional approach taken by the LA (I am being very polite).

In summary, the LA's actions resulted in a significant amount of time wasted on the first day of the hearing (the hearing only began after lunch). This resulted in the hearing being adjourned to a second day and so significant additional costs for me.

On the second day too, due to the LA's repeated failures, the hearing again didn't start until after lunch! Fortunately the Panel was very considerate and stayed on late almost for an extra hour, else this would have dragged on to a third day.

I understand that it is usually quite difficult to claim costs but given the unreasonable approach taken by the LA I believe it would be appropriate to do so.

I rang SENDIST and was informed that there is no specific form for making an application for costs and that this needs to be made in a letter within two weeks of the Tribunal's decision (which has yet to be issued).

  1. I would be very grateful for any tips in making the application and if someone could share a sample letter used in a previous successful application and also the 'schedule of costs' expected to be sent.


(Whilst the specific details would differ, it would be very helpful to understand the format of the application and the type & extent of details to be included.)

  1. I am planning to claim the attendance fees for my indie expert witnesses and barrister's fees (Direct Access) for the second days' hearing.

If successful:
  • should I expect to be awarded just the witness attendance fees or also Counsel's fees?
  • would the full costs claimed (for the second day) be normally awarded or only a proportion?


  1. If I were to ask my barrister to make this application for costs, would I also be able to claim his additional costs for making this application?


  1. Is it advisable to:

  • make the application before the Tribunal's decision is received?

or
  • to wait till the Tribunal's decision? (say in case there are some comments in the decision letter which can be used in support of the application)

or
  • either of the above is fine.


Many thanks.
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Icimoi · 27/07/2014 17:15

No direct experience, but I would wait till the decision is received for the reason you give. I would have thought that you could claim back the barrister's costs but as I understand it, it's very rare for the tribunal to award costs so you carry the risk that you would incur extra fees for nothing. Unless, by any chance, he's willing to do it on the basis that he'll only claim a fee if you win. Have you talked to him/her about this?

Was the LA legally represented?

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SchoolHolsTOWIE · 27/07/2014 18:57

I would wait until you have the decision. If they condemn or comment on the LA's delaying "tactics", then it'll add to a very strong costs case. I have heard from my own indie experts that very occasionally a judge does note on the Decision that the parents should apply for costs (although I don't know if that was just my experts' hearsay).

Normally if you had legal representation by way of Counsel and/or solicitor, then they would put together the wasted costs case (of course, at a fee!) - and the fees for putting together the costs-case added to the overall total. It's a very good idea of icimoi to ask if yours would do it on a no-win-no-fee basis. It's worth asking him.

I have everything crossed for you. Your LA tops mine for totally immoral practices (I never thought I'd say anyone else's LA was a worse than TOWIE County Council!)

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billiejeanbob · 27/07/2014 21:06

who is your LA? sounds very similiar to the tricks that mine used to adjourn. Where they legally represented? if so, I can probably guess who by.
How do you think the hearing went?

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ChrisInNeed · 27/07/2014 21:19

Many thanks for the responses.

As suggested I will ask if Counsel is willing to do an application and charge if successful.

To highlight, I plan to claim only the extra costs for Day 2.

The LA instructed a barrister just before the adjourned hearing and it was clear that she wasn't fully briefed. The delay in the start on Day 2 was essentially due to the LA's barrister & mine having to sort out the mess/omissions inherited from the LA's SEN officer, who represented on Day 1, and used various time wasting tactics.

One never knows for certain until the decision is received - based on the proceedings, Counsel and the indie experts (all of whom are quite experienced in this field) are optimistic.

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uggerthebugger · 27/07/2014 21:38

Fingers crossed for you here Chris , sounds like you've all been through the wringer...

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KOKOagainandagain · 28/07/2014 07:14

My LA delayed on the morning of the hearing and then conceded at lunch-time before my independent witnesses had chance to utter a single word. My advocate claimed for their costs but not hers as she had acted on the day. The tribunal refused payment of costs because they accepted the LA claim that they had come to hearing fully prepared to defend the case but, apparently, DH and I (we spoke for about 30 mins) were so utterly compelling that they changed their mind. Hmm

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ChrisInNeed · 09/08/2014 13:29

I am quite relieved to receive the Tribunal's decision allowing the appeal to name the specialist S&L school sought for DS.

Renewed thanks to the MNSN guardian angels for your invaluable support and guidance.

The decision includes a number of notes & comments which I expect will help with the costs application. There is a two week time limit for submission and as Counsel is on holiday I will have to draft the application.

Have Googled around, I understand the applicable rules are specified in section 10 of the of "The Tribunal Procedure (First-Tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 "
www.justice.gov.uk/downloads/tribunals/general/consolidated-hesc-rules-2008-6-april-2014.pdf

  1. I am not clear if my application is expected to specifically refer to one of the two grounds specified in section 10 ("wasted costs" and "acted unreasonably" ) and if so, which one I should use, as both appear to apply in my case ("Wasted costs" are covered in Section 29(4) of the Tribunals, Courts and Enforcement Act 2007: www.legislation.gov.uk/ukpga/2007/15/section/29 )


  1. Section 10(4)(b) of the Rules specifies the requirement to send a 'schedule of costs' with the application. I am not clear if this "schedule of costs" is expected to be in a particular format and the type and level of details expected to be included. (I plan to include full details and just anxious to avoid the possibility of the application being rejected on a technicality of not having provided the expected details in a particular format).


  1. There is a huge amount at stake (I will be claiming only the additional costs incurred for Day 2) and I would welcome any tips and suggestions and if possible a sample/ template.


Thanks.
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ouryve · 09/08/2014 20:33

I'll defer on the procedural stuff, but didn't want to read without saying congratulations :)

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uggerthebugger · 09/08/2014 22:56

Me too, well done Smile

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