Form SEND20C: Set Aside SEND Decision UK Guide

Overview

A set aside application asks the First-tier Tribunal (SEND) to cancel a final decision it has already made so the case can be looked at again. It isn't an appeal. You aren't arguing that the judge got the law or the facts wrong, you're saying something happened in the handling of the case that made the outcome unjust, and that it's in the interests of justice to start over.

Typical grounds include a party or their representative not receiving key documents, a document not reaching the Tribunal when it should have, a party or witness being absent from the hearing for reasons outside their control, or some other procedural irregularity. The Tribunal has a discretionary power under the Tribunal Procedure Rules to set aside a decision where these conditions are met.

If you believe the substance of the decision was wrong in law, that's a matter for permission to appeal to the Upper Tribunal, not a set aside application. The two routes are separate and have different time limits, so it's worth being clear which one fits your situation before you file anything.

Key steps

1. Check your grounds and time limit. A set aside application must be made in writing and received by the Tribunal within 28 days of the date the decision was sent to you. Before filing, confirm your reasons fall within the recognised procedural grounds rather than a disagreement with the outcome itself.
2. Obtain and complete the correct form. Download Form SEND20C (Application to Set Aside a Final Decision) from the gov.uk SEND Tribunal page. Complete it in black ink using block capitals if filling in by hand, and make sure every section is legible and fully answered so the Tribunal doesn't have to come back to you for clarification.
3. Fill in the party and case details. Enter the names, addresses and contact details for yourself, any representative, the other parent or person with parental responsibility where relevant, and the local authority or responsible body. Include the appeal or claim title, the child's name, the hearing date and the date the decision was sent.
4. Set out your reasons in full. In the reasons section, explain clearly why it is in the interests of justice for the decision to be set aside. Reference the specific procedural issue, when it happened, what effect it had on your ability to present the case, and attach any supporting documents such as medical evidence or postal records.
5. Submit the application and wait for the Tribunal's response. Send the completed form to the address shown on the form within the 28-day window. The Tribunal will consider your application on the papers and notify all parties of the outcome. If granted, the case will be relisted; if refused, you may still have the option of seeking permission to appeal.

Common questions