Form SEND20A: Apply to Appeal a SEND Tribunal Decision

At a glance

• What it does: Asks the First-tier Tribunal (SEND) for permission to appeal its decision to the Upper Tribunal (Administrative Appeals Chamber) on a point of law.
• Deadline: 28 days from the latest of the decision notice, written reasons, amended reasons following a review, or notice that a set-aside application failed — Tribunal Procedure (HESC Chamber) Rules 2008, rule 46.
• Who can apply: A parent or person with parental responsibility, a young person who brought the original appeal, or the local authority or other responsible body.
• Ground: An error of law only — not disagreement with the outcome or a request to reweigh the evidence.
• If refused by the First-tier Tribunal: You can apply to the Upper Tribunal for permission within one month of that refusal.
• If granted: You must send a Notice of Appeal to the Upper Tribunal within one month of the First-tier Tribunal's decision.
• Fee: None — SEND Tribunal proceedings, including this application, are free.

What this document is

Form SEND20A is the official application used to ask the First-tier Tribunal (Special Educational Needs and Disability) for permission to appeal its own decision to the Upper Tribunal (Administrative Appeals Chamber). Permission must normally be sought from the First-tier Tribunal first, before the Upper Tribunal will consider the case at all.

This is not a second hearing of the facts. Under rule 46(5) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, the application must identify the Tribunal decision it relates to, identify the alleged error or errors of law, and state the result being sought. HM Courts and Tribunals Service's own guidance notes (form SEND20) give examples of an error of law: the Tribunal applying the wrong law or misinterpreting it, a procedural error, insufficient evidence to support the decision, or inadequate reasons. Wanting the Tribunal to have reached a different conclusion on the same facts is not, by itself, a ground.

The form is available to either party to the original case — a parent or person with parental responsibility, a young person who brought their own appeal, or the local authority or other responsible body (for example, a school's responsible body in a disability discrimination case). It must reach the Tribunal within a strict 28-day window, and a late application needs a separate, reasoned request for an extension of time, which the Tribunal is not obliged to grant.

How to use this document

1. Check you have a ground based on law, not disagreement. Permission is only granted where the Tribunal arguably made an error of law — misapplying the Children and Families Act 2014 or the SEND framework, failing to give adequate reasons, reaching a conclusion unsupported by the evidence, or a procedural error. Feeling the outcome was unfair, or wishing the Tribunal had weighed the evidence differently, is not itself a ground.
2. Work out your 28-day deadline precisely. The clock runs from the latest of the decision notice, the written reasons, any amended reasons following a review, or notice that an unsuccessful set-aside application (made in time) has failed — rule 46(2). Check the date on the covering letter the Tribunal sent you; do not assume it matches the hearing date.
3. Complete the applicant and case details. Section A/B of the form asks for full contact details for the parent(s) or person(s) with parental responsibility, or for the local authority/responsible body and the officer handling the case, plus any representative's details. Section B asks for the appeal or claim number, the child's name, the other party's name, the hearing date, and the date the decision was sent to you.
4. Set out your grounds in Section C. Explain, ideally in numbered points, why the decision was wrong in law — not why you disagree with it. Reference the specific paragraphs of the Tribunal's decision where you can identify the error. If you are applying more than 28 days late, you must also explain the delay in the space provided.
5. State the outcome you want in Section D, then sign and send. Make clear whether you want the decision set aside, the case remitted for rehearing, or some other specific outcome. Sign and date Section E, attach a copy of the decision you are challenging, and send it to the address on the form. Keep a copy of everything and proof of the date you sent it, because that date is what the Tribunal checks against the 28-day deadline.
6. Know what happens after you submit. The Tribunal first considers whether to review its own decision. If it declines to review, or reviews but takes no action, it then decides whether to grant permission to appeal. If permission is refused, you can apply to the Upper Tribunal directly within one month of that refusal. If permission is granted, you must send a Notice of Appeal to the Upper Tribunal within one month of the Tribunal's decision.

This guide provides general information about Form SEND20A and the permission-to-appeal process for England and Wales. It is not legal advice and does not take account of your specific circumstances. Legaldocuments.co.uk is not a law firm and is not regulated by the Solicitors Regulation Authority. For advice on your situation, speak to our telephone legal advice service or a regulated adviser.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on rule change.