Form SEND28 UK: SEND Tribunal Appeal Guide
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When a child with special educational needs is held in youth accommodation, the consequences for their schooling and long-term prospects can be significant. If you disagree with a decision made by the Local Authority about that child's education, health and care support, Form SEND28 is the route into the First-tier Tribunal (Special Educational Needs and Disability).
It is the paperwork that opens the door to having the decision looked at independently. This guide walks you through what the form covers, who can use it, and what you should have ready before you start. I have written it in plain English because the SEND system is complicated enough without extra jargon.
If you still want to talk things through before sending anything off, you can book a call with one of our experienced legal advisers at the end of this page.
What this document is
Form SEND28 is the appeal form used when a child held in youth detention accommodation, or their parent or the person acting on their behalf, wants to challenge a Local Authority decision about special educational needs. The appeal is heard by the First-tier Tribunal (Special Educational Needs and Disability), often shortened to SENDIST.
The form is the formal way of telling the tribunal that you disagree with something the Local Authority has decided and that you want a judge to look at it. Typical grounds include a refusal to carry out an Education, Health and Care needs assessment, a refusal to issue an EHC Plan after assessment, disagreement with the content of an existing Plan, or a dispute about the school or institution named in it.
The form captures the child's details, the decision being challenged, the reasons for the appeal, and any practical matters the tribunal needs to know about, such as how you want to be contacted or whether anyone needs an interpreter at the hearing.
How to use this document
- Check the deadline and the decision notice. Appeals to the tribunal normally need to be lodged within two months of the Local Authority's decision letter, or one month from a mediation certificate, whichever is later. Read the decision carefully so you know exactly what you are challenging and keep the letter with your papers.
- Consider mediation first. Before most SEND appeals can go ahead, you need to contact a mediation adviser and get a certificate, even if you decide not to mediate. This is a legal step, not an optional one, and the certificate number goes on the appeal form. Skipping it will usually delay your case.
- Gather the child's details and supporting documents. You will need the child's full name, date of birth, address where they are being held, and details of the parent, guardian or person bringing the appeal. Pull together the EHC Plan, assessment reports, school reports, medical letters and anything else that backs up your reasons for appealing.
- Complete Form SEND28 clearly and in full. Set out which Local Authority decision you are challenging, the grounds for the appeal, and what outcome you want the tribunal to order. Include any requests for interpreters, signers or adjustments for the hearing, and say whether there are other linked appeals or disability discrimination claims that should be heard together.
- Submit the form and keep copies. Send the completed form and supporting documents to HM Courts and Tribunals Service in line with the current filing instructions, and keep a full copy for yourself. After the tribunal acknowledges the appeal, the Local Authority will have a set period to respond, and you will receive directions about the next steps.
Common questions
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q Who can use Form SEND28 to appeal?
Form SEND28 is designed for cases involving a child of compulsory school age who is detained in youth accommodation. A parent, a person with parental responsibility, or the appropriate person acting for the detained child can bring the appeal. The child themselves is not usually the appellant under this form because SEND28 is specifically framed around children rather than young people aged 16 and over.
Q What kinds of decisions can I challenge with this form?
You can use the form to appeal a refusal to carry out an EHC needs assessment, a refusal to issue an EHC Plan, disagreement with the special educational needs and provision set out in Sections B and F of the Plan, and the school or institution named in Section I. You can also appeal a decision to cease to maintain an EHC Plan in many cases.
Q Do I have to try mediation before appealing?
For most SEND appeals you must contact a mediation adviser and obtain a mediation certificate before lodging Form SEND28, even if you decide not to go through with mediation itself. There are limited exceptions, for example appeals that relate only to the school named in the Plan. The certificate reference number is usually required on the appeal form.
Q How long do I have to submit Form SEND28?
The standard time limit is two months from the date of the Local Authority's decision letter, or one month from the date on your mediation certificate, whichever gives you more time. If you miss the deadline you can ask the tribunal to accept a late appeal, but this is at the judge's discretion and you will need to explain the delay.
Q Is there a fee for lodging a SEND appeal?
SEND Tribunal appeals are generally free to bring, so there is no court fee for submitting Form SEND28. You may, however, have your own costs if you choose to instruct a solicitor, pay for independent expert reports, or arrange travel for a hearing. Check gov.uk for the current position before you file, as procedures can change.
Q Can I ask for an interpreter or other adjustments?
Yes. The form includes sections where you can request a signer or interpreter, specify the language and dialect needed, and flag any disabilities or needs that should be considered when the hearing is arranged. Tell the tribunal as early as possible so arrangements can be put in place, and update them promptly if your contact details or requirements change.
Q What happens after I send the form in?
The tribunal will check the appeal has been filed correctly, register it, and notify the Local Authority, which must then file a response within the set period. You will receive case directions setting out deadlines for evidence, witness statements and any attendance at hearings. Many cases are resolved before a final hearing through further discussion or working documents.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · HMCTSSEND Tribunal: how to appeal (gov.uk)gov.uk
- Guidance · UK GovAppeal against a SEND decision (gov.uk)gov.uk
- LegislationChildren and Families Act 2014, Part 3legislation.gov.uk
- Guidance · UK GovSEND Code of Practice: 0 to 25 yearsgov.uk
Legal helpline
Unsure whether a SEND appeal is the right move?
Appealing a Local Authority decision for a detained child involves tight deadlines, mediation steps and a lot of paperwork. An experienced legal adviser can help you think through the options based on what you describe, so you feel clearer before filing anything.
- Plain-English answers to your specific questions about the SEND appeal process
- A practical perspective on whether Form SEND28 fits your specific situation
- Guidance tailored to what you describe about the Local Authority's decision
- Clarity on deadlines, mediation and what to watch out for in your case
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.