Sometimes the local authority (LA) decides to agree with your appeal before the tribunal hearing takes place. This is called conceding.
If the LA concedes, your case is not officially over until the tribunal issues a consent order.
It’s important to wait for this before withdrawing your appeal.
What may happen
- LA reviews your appeal
- LA decides to concede and will confirm this with you
- you check what they are conceding
- you should confirm whether it is:
- a full concession (agreeing with everything), or
- a partial concession (only some parts are agreed)
- the LA draft a consent order. This is a legal document which sets out exactly what has been agreed
- you should NOT withdraw your appeal, wait for the tribunal to issue the consent order
- once the tribunal issues the consent order, your hearing date is cancelled or ‘vacated’
- LA must carry out the actions detailed in the consent order
What you need to do
- if the LA concede, ask the them confirm this in writing
- check whether they are conceding all or part of your appeal
- continue preparing for the hearing until the consent order arrives
- follow up if the LA delays any actions detailed in the consent order
Who is responsible?
- the LA: confirming the concession, drafting the proposed consent order, acting on what’s been agreed
- the tribunal: issuing the consent order and closing the case
- you: checking details
Documents to keep safe
- emails or letters from the LA confirming concession
- the consent order from the tribunal
- updated EHCP or amended documents
- notes from any phone calls or meetings
FAQs
What if the LA says they agree but I haven’t had anything in writing? Ask for written confirmation — don’t rely on verbal updates.
Can I still attend a hearing if I’m unsure? Yes. Unless the tribunal officially cancels it, the hearing will go ahead.
What if the LA only concedes part of my appeal? You can continue with the rest.
What if I’ve started preparing for the hearing? Keep preparing until the tribunal confirms cancellation.
Tips
- always get written confirmation
- keep a record of all communication