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).
- 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.)
- 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?
- 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?
- 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.