Withdraw or Consent?
During an appeal to the SEND tribunal, there is a period of going backwards and forwards between yourselves and the LA. This is usually facilitated through a working document (WD). This is a copy of the EHCP in which your change requests are annotated in bold and the LA indicates by underlining what it will accept.
Oftten the parties are able to reach an agreement before the hearing dates, which is of course preferable for all involved. Once agreement is reached, there are two options available. To withdraw the appeal, or request a consent order.
If you withdraw the appeal, you complete form SEND8 and forward it o the tribunal and the LA. This is a request to terminate the appeal and if the court agrees, the hearing is vacated and the court has no further involvement. This should only be done if the LA has issued a signed final EHCP containing all of the agreed amendments.
A consent order is where the final working document is sent to the tribunal, with a request for them to issue a consent order stating that the LA is to issue the final EHCP. This is a tribunal order and as such the LA must comply. If it doesn't you have recourse to the tribunal. You would never want to sign a consent order unless you have a final WD showing all the changes you require and without any errors or omissions.
So why would you choose to withdraw rather than consent? The fundamental difference is timing. If you withdraw you do so in possession of a signed final EHCP which is enforceable immediately. If you consent, it may take the tribunal 4 weeks or more to issue the consent order, and the LA has another 5 weeks to issue the final EHCP - which is a considerable further delay.
For me, the decision is a bit like buying a new car. You can go for the ex-display model on the forecourt and take it home today, or wait for a pristine, factory-built car and wait up to 9 weeks. Both look the same. Both will get you from A to B, the only real difference is the warranty that comes with it. And even that might be the same.
