Appealing to the SEND Tribunal
How to appeal a local authority's decision about Special Educational Needs and Disabilities (SEND) provision to the First-tier Tribunal.
Prezentare generală
If you disagree with your local authority's decision about your child's Special Educational Needs (SEN) assessment or Education, Health and Care (EHC) plan, you can appeal to the First-tier Tribunal (Special Educational Needs and Disability). Appeals can cover refusal to assess, refusal to issue an EHC plan, or the content of the plan (the description of needs, the provision specified, or the school named). The tribunal is independent and free.
Cine poate folosi acest proces
- Your child has or may have special educational needs
- The local authority has made a decision you disagree with about SEN assessment or EHC plan
- You have received a decision letter from the local authority
- You are within 2 months of the decision (or the date of the EHC plan)
Proces pas cu pas
Consider mediation first
Before appealing, you must contact a mediation adviser (except for appeals about the school named in the plan). You can choose to go through mediation or just obtain a mediation certificate to proceed to appeal. Mediation is free and can resolve disputes quickly.
- Mediation is optional but the certificate is mandatory before appealing
- You have 1 month from the mediation certificate to lodge the appeal
Register your appeal
Submit your appeal to the SEND Tribunal online or by post. Include your mediation certificate, the decision you are appealing, and your reasons. You can appeal against: refusal to assess, refusal to issue EHC plan, the description of SEN, the provision specified, or the school/institution named.
- Be specific about what parts of the EHC plan you disagree with
- Deadline: 2 months from the decision
Prepare your case
Gather evidence: reports from educational psychologists, speech and language therapists, occupational therapists, school SENDCOs, and any independent expert reports. The local authority will also submit its evidence. Consider instructing an independent expert if the authority's evidence is inadequate.
- IPSEA and SOS SEN offer free advice and can help with appeals
- Request all documents the LA holds about your child
Attend the hearing
The tribunal hearing is usually informal and held in a private room (or by video). A panel of a judge and one or two specialist members will hear both sides. You can represent yourself or have a representative (not necessarily a lawyer). The tribunal will focus on the child's needs and what provision is required.
- Prepare a bundle of key documents
- Focus on the child's needs and outcomes, not criticising the LA
Receive the decision
The tribunal will issue a written decision, usually within 10 working days of the hearing. If you win, the local authority must comply. If you disagree with the decision, you can seek permission to appeal to the Upper Tribunal on a point of law only.
- The tribunal's decision is legally binding on the local authority
- Implementation should be prompt
Costuri
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Strict time limits apply — you must appeal within 2 months of the decision letter.
The tribunal can only deal with the educational aspects of an EHC plan, not health or social care (though extended powers are being piloted).
If the local authority fails to comply with the tribunal's order, you can seek enforcement through judicial review.