Skip to main content
Book a call — £89
Menu

SEND26B Form UK: Young Person Exclusion Claim Guide

We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.

Part ofUK Court & Tribunal Forms

Written 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.
Updated June 2026 · England & Wales
If a young person aged 16 or over has been permanently excluded from school and believes the exclusion was linked to a disability, they may be able to bring a claim to the First-tier Tribunal (Special Educational Needs and Disability). Form SEND26B is the route for young people to start that claim in their own name, rather than through a parent or carer. It is a route that sits within the Equality Act 2010 framework and is open to those attending both state-funded and independent schools. The process can feel daunting, particularly when a young person is dealing with the fallout of losing their school place. This guide walks through who can use the form, when it applies, what information you need to gather, and the practical steps involved in submitting a claim that gives you the best chance of being heard properly by the Tribunal.

What this document is

Form SEND26B is the claim form used by young people aged 16 and above to bring a disability discrimination case to the First-tier Tribunal (SEND) after a permanent exclusion. The key feature that sets it apart from other SEND Tribunal forms is that the young person themselves is the claimant, exercising their own right to challenge the exclusion.

This reflects the principle in education law that once a pupil reaches the end of compulsory school age, decisions about their education shift from the parent to the young person. The form is used where the individual believes the school treated them unfavourably because of a disability, and where they are asking the Tribunal to order that they be reinstated.

It applies whether the school is maintained by a local authority, a free school, an academy, or a fee-paying independent school. Claims typically rely on protections found in the Equality Act 2010, which places duties on schools not to discriminate against disabled pupils and to make reasonable adjustments.

How to use this document

  1. Confirm you can use this form. SEND26B is specifically for young people who have passed compulsory school age (the last Friday in June of the academic year they turn 16), who have been permanently excluded with the decision upheld by the governing body, and who want to ask the Tribunal to order reinstatement alongside their discrimination claim.
  2. Gather your personal and school information. You will need your full name, address, contact details, and the details of anyone representing you. You also need the school's name, address, and its type (maintained, academy, free school, or independent), along with the relevant local authority where applicable. Accuracy matters because the Tribunal uses these details to serve the claim.
  3. Document the exclusion history. Set out when the exclusion happened, the reasons given by the school, whether you requested a review by the independent review panel, and what the outcome was. Include any prior fixed-term exclusions or restrictions on trips and activities, as these can form part of the pattern the Tribunal considers.
  4. Explain the disability and the discrimination alleged. Describe the disability clearly, including diagnoses, how it affects daily life, and what the school knew about it. Then explain why you believe the exclusion amounts to discrimination, whether that is direct discrimination, discrimination arising from disability, or a failure to make reasonable adjustments under the Equality Act 2010.
  5. Submit the form and meet the deadline. Claims must normally be lodged within six months of the act complained of. Send the completed form to the First-tier Tribunal (SEND) following the instructions on gov.uk. Keep copies of everything, and be prepared to respond to directions from the Tribunal about evidence and hearing dates.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £149.

Common questions

Q Who can bring a claim using Form SEND26B?
The form is intended for young people aged 16 and over who have passed compulsory school age and who want to challenge a permanent exclusion on disability discrimination grounds in their own name. A parent or carer may support the process, but the claim is brought by the young person themselves. If the individual is below compulsory school age leaving date, a different form is used by a parent.
Q What counts as a disability for this claim?
Under the Equality Act 2010, a disability is generally a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. This can include conditions such as autism, ADHD, dyslexia, mental health conditions, and various physical or sensory impairments. Medical or educational psychology evidence usually helps establish this.
Q Is there a time limit for submitting the form?
Yes. The Tribunal generally expects claims to be submitted within six months of the discriminatory act, which is normally the date the exclusion was upheld. Late claims can sometimes be considered if the Tribunal agrees it is just and equitable to do so, but relying on that is risky. Act as promptly as possible once you have the governing body's decision.
Q Can I claim against an independent fee-paying school?
Yes. The duty not to discriminate against disabled pupils applies to both state-funded and independent schools, so the Tribunal can hear claims against either. When completing the form for an independent school, you provide the school's name and address directly, rather than details of a local authority. The remedies available, including reinstatement, apply across school types.
Q What can the Tribunal order if my claim succeeds?
The Tribunal can order a range of remedies, including reinstatement to the school, a written apology, staff training on disability awareness, or changes to school policies. It cannot award financial compensation. The order the form specifically references is reinstatement, but you can also seek other remedies the Tribunal considers appropriate based on what you have argued.
Q Do I need a lawyer to complete the form?
No, the Tribunal is designed to be accessible without legal representation, and many young people and families proceed without one. That said, disability discrimination claims involve specific legal tests under the Equality Act 2010, and getting guidance on how to frame your claim can make a real difference. Organisations such as IPSEA and SOS!SEN offer free support.
Q What happens after I submit the form?
The Tribunal will acknowledge the claim, send it to the school (the responsible body), and set directions for the case, including deadlines for the school's response and for exchanging evidence. A hearing date will be set, usually several months ahead. The hearing is less formal than a court, and you will have the chance to give evidence and respond to the school's position.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £149.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

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.

Full profile →SRA register ↗
Legal disclaimer
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.