SEND Tribunal Appeal UK: How to Challenge a Decision

Overview

The SEND Tribunal is part of the First-tier Tribunal system, operating independently of local authorities and the Department for Education. It hears appeals from parents of children with special educational needs and from young people aged 16 to 25 who disagree with council decisions affecting their education, health and care provision.

Typical appeals include refusals to carry out an Education, Health and Care (EHC) needs assessment, refusals to issue an EHC plan following assessment, disputes about the content of a plan (particularly the description of needs, the provision specified, and the school or institution named), and decisions to cease maintaining a plan. The Tribunal can also hear some disability discrimination claims against schools.

Hearings are conducted by a legally qualified judge, often sitting with specialist members who have expertise in education or disability matters. The Tribunal applies the Children and Families Act 2014, relevant regulations, and the SEND Code of Practice, and it must follow binding decisions of the higher courts.

The panel looks at evidence from both sides and reaches its own view on what the law and the child's best interests require.

Key steps

1. Get the decision in writing. Before you can appeal, you need a formal decision from the local authority that you can challenge. This will usually arrive by letter and should explain what has been decided, the reasons, and your right to appeal. Keep this document safe as you will need to refer to it when completing the appeal form. 2. Consider mediation first. For most SEND appeals you must contact a mediation adviser before lodging your appeal, and obtain a mediation certificate. You do not have to actually go through mediation in every case, but you do need to consider it. The adviser will explain whether mediation is required for your particular type of appeal and issue the certificate you need. 3. Complete the appeal form. The Tribunal provides an appeal form (sometimes called a Notice of Appeal) which asks for details about the child or young person, the decision being challenged, the grounds of appeal, and the outcome you are seeking. Attach the local authority's decision letter, your mediation certificate, and any supporting documents such as reports or assessments. 4. Send your appeal within the time limit. Appeals must generally be lodged within two months of the local authority's decision letter, or one month from the date of the mediation certificate, whichever is later. Missing the deadline can mean losing your right to appeal altogether, so diarise the dates carefully and send the form to the Tribunal as soon as you are ready. 5. Prepare for the hearing. Once your appeal is registered the Tribunal will set a timetable for exchanging evidence and witness statements. You can represent yourself or bring a friend, adviser or lawyer. Many parents run their own cases successfully. Gather reports, school records and evidence of your child's needs, and think through the key points you want the panel to understand.