Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If a decision from the First-tier Tribunal (Special Educational Needs and Disability) has gone against you, Form SEND20A is the route to ask the Tribunal for permission to appeal that decision on a point of law. It is used by parents, those with parental responsibility, and local authorities or other responsible bodies who believe the Tribunal got something legally wrong in its ruling about a child's special educational needs or disability.
The form is time-sensitive, and what you put in it matters. A weak or vague application can be refused without the Upper Tribunal ever hearing your arguments. This guide walks through who uses SEND20A, what information it asks for, how to frame your grounds, and the practical points I see trip people up most often when they try to complete it themselves.
What this document is
Form SEND20A is the official application used to request permission to appeal a decision made by the First-tier Tribunal (SEND). Appeals from this Tribunal go to the Upper Tribunal (Administrative Appeals Chamber), but before the Upper Tribunal will hear the case, permission must first be sought, normally from the First-tier Tribunal itself using this form.
Appeals at this level are not a second chance to re-argue the facts. They must be based on an error of law, meaning the Tribunal misapplied the legal framework, failed to give adequate reasons, ignored relevant evidence, or took an unreasonable approach to the decision.
The form is open to either side of the original dispute, so a parent who lost their appeal against an EHC plan decision can use it, and equally a local authority that was ordered to amend provision can use it. It must be filed within a strict time limit after the Tribunal's written decision is sent out, and late applications need a separate request for an extension with reasons.
How to use this document
Check you have grounds based on law, not disagreement. Permission to appeal is only granted where the Tribunal arguably made an error of law. Before completing the form, identify exactly what the legal error is, whether that is misinterpreting the Children and Families Act 2014, failing to give proper reasons, or ignoring key evidence. Feeling the outcome was unfair is not itself a ground.
Act within the time limit. The application must reach the Tribunal within the period set out in the Tribunal Procedure Rules, typically measured from the date the written decision was sent. Missing this window means you must also ask for an extension and explain why it was not filed on time, which the Tribunal is not obliged to grant.
Complete the applicant and case details. Fill in your full contact details, the names of both parents or those with parental responsibility where relevant, the child's name, the original appeal or claim reference number, the local authority or responsible body, and the hearing date. If a legal representative is acting, their details go in too.
Set out your grounds clearly. Use the form to explain, in numbered points if helpful, why you say the decision was wrong in law. Reference specific paragraphs of the Tribunal's decision where you can. Vague complaints about the outcome are less persuasive than focused arguments pointing to identifiable legal errors.
State the outcome you want and submit. Make clear whether you want the decision set aside, the case reheard, or a specific direction made. Sign and date the form, and send it to the Tribunal at the address given. Keep a copy of everything you submit and proof of the date of submission.
The form can be used by either party to the original Tribunal appeal. That normally means a parent or person with parental responsibility on one side, and the local authority or other responsible body on the other. A young person who brought the original appeal in their own right can also apply. Legal representatives can submit it on behalf of any of these parties, but the details of who they represent must be included.
Q What counts as an error of law?
An error of law is more than disagreeing with the Tribunal's conclusion. Common examples include misapplying the Children and Families Act 2014 or the SEND Regulations, failing to give adequate reasons for the decision, taking into account irrelevant matters, ignoring clear evidence, or reaching a conclusion no reasonable Tribunal could have reached. Fresh evidence that was not before the original Tribunal is generally not a ground on its own.
Q How long do I have to apply for permission to appeal?
There is a strict deadline running from the date the Tribunal's written decision was sent to you. If you miss it, you must ask the Tribunal to extend time and give reasons, but extensions are not automatic. It is far safer to file within the standard period. Check the current Tribunal Procedure Rules or the covering letter with your decision for the exact number of days.
Q What happens if permission is refused?
If the First-tier Tribunal refuses permission, you can usually renew the application directly to the Upper Tribunal within a further short time limit. The Upper Tribunal will consider the grounds afresh. If permission is granted, the appeal itself then proceeds and the Upper Tribunal will look at whether the legal error made a real difference to the outcome, and may set the decision aside or send it back to be reheard.
Q Can I submit Form SEND20A online?
Yes, the Tribunal accepts applications submitted electronically as well as on paper. Check the current guidance on gov.uk for the accepted methods and the correct submission address or portal at the time you apply. Whichever route you choose, keep a clear record of the date and time you submitted, because that date is what the Tribunal will check against the deadline.
Q Do I need a solicitor to complete the form?
No, you are not required to use a solicitor, and many parents complete SEND20A themselves. That said, framing grounds of appeal in proper legal terms is harder than it looks, and a well-drafted application has a better chance of being granted permission. If the decision matters a great deal to your child's provision, getting some informed input before you finalise the grounds is worth considering.
Q Is there a fee for applying?
Fee arrangements in the SEND Tribunal have historically been different from those in other courts. Check gov.uk for the current position before you apply, as any fees and exemptions can change. If a fee does apply and paying it would cause hardship, ask about any remission scheme that may be available at the time of your application.
Identifying a genuine error of law, rather than simple disagreement with the outcome, is the single biggest hurdle in a SEND permission application. An experienced legal adviser can help you think through the Tribunal's decision based on what you describe on the call, so you can decide whether an appeal is worth pursuing.
✓A plain-English explanation of what counts as an error of law in SEND cases
✓Practical perspective on the strength of your potential grounds based on what you describe
✓Clarity on deadlines and what the permission process actually involves
✓Answers to your specific questions about next steps
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.