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SEND Tribunal
The First-tier Tribunal (Special Educational Needs and Disability) (the SEND Tribunal) is an independent national tribunal which hears parents’ and young people’s appeals against LA decisions about the special educational needs of children and young people.
You can appeal to the SEND Tribunal if you’re unhappy with a decision made in relation to an EHC needs assessment or an EHC plan. There are no fees for parents or young people to pay and you do not need legal representation.
The SEND Tribunal has the power to order LAs to:
- Carry out EHC needs assessments
- Issue EHC plans
- Amend existing EHC plans
LAs must comply with orders made by the SEND Tribunal.
The SEND Tribunal looks at the evidence put before it and decides whether the LA decision followed the law and the Code of Practice. It will make a decision based on what is right for the child or young person at the date of the hearing.
Before you can lodge your appeal with the SEND Tribunal, mediation must be considered for all appeals, except school placement only (section I) appeals. Mediation can be a useful first step in trying to resolve your disagreement with the local authority. For more information see our Mediation page.
You have two months from the date on your decision letter from the local authority, or one month from the date on your mediation certificate to make an appeal, whichever is later.
Refusal to assess
If you have received a letter stating that the local authority has decided not to carry out an EHC needs assessment, you can appeal against this decision.
you decide to appeal the decision, you must first consider mediation.
the event that mediation is unsuccessful, or you opt out of mediation, you can lodge your appeal with the SEND Tribunal.
This type of appeal is typically heard on papers, meaning that you don’t need to attend an actual hearing. If you would like a hearing, you can request one in writing explaining your reasons why.
If you want to appeal against a refusal to assess decision, IPSEA’s refusal to asses pack can help.
For refusal to assess appeals, you will need to complete the SEND35a form.
Refusal to issue, contents or cease to maintain appeals
You can make an appeal if you disagree with local authority’s decision not to issue an EHCP, if you’re unhappy with the finalised EHCP or if they have ceased to maintain the plan. You can also appeal if the local authority refuses to make changes to the EHCP following a recent review.
If you decide to appeal the decision, you must first consider mediation.
Useful links:
In the event that mediation is unsuccessful, or you opt out of mediation, you can lodge your appeal with the SEND Tribunal. You will need to complete the SEND35 form.
Section I (school placement) Appeals
Parents and young people have the right to request that a particular school, college or other setting is named in an EHC plan. If the local authority doesn’t agree to a request and names a different setting, this can be appealed.
Unlike other types of appeal, if placement is all you are appealing, you do not need to have considered or had mediation to appeal to the SEND Tribunal. You have two months from receiving the decision letter from to request your appeal.
When appealing Section I, it is usually advised that you also consider appealing Sections B and F at the same time. Looking at the needs (Section B) and the provision (Section F) written in the plan so that they are discussed as part of the appeal. These sections may need changing could help to make a stronger case for why your preferred placement is better able to meet need.
If you want to appeal against a placement, you will need to complete the SEND35 form.
SEND Tribunal Hearings
See the video below for information from HM Courts and Tribunal Service on video SEND Tribunal hearings.
Useful Information
IPSEA - What does the LA have to do after the SEND Tribunal makes a decision?
Legal aid solicitors with expertise in SEN and disability cases