Form SEND8: Withdraw a SEND Tribunal Appeal or Claim

At a glance

• What Form SEND8 does: notifies the First-tier Tribunal (Special Educational Needs and Disability) that a party wishes to end their appeal or disability discrimination claim before a final decision is made.
• Tribunal consent is required: under rule 17 of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, a written withdrawal notice does not take effect automatically — the Tribunal must consent.
• Timing matters: official HMCTS guidance (SEND37) states that consent will usually be given if you notify the Tribunal more than three weeks before the hearing. Late applications (less than 10 working days before the hearing in discrimination claims) must be explained.
• 28-day reinstatement window: under rule 17(4) of the 2008 Rules, you may apply in writing for your case to be reinstated within 28 days of the Tribunal receiving the withdrawal notice. After 28 days, reinstatement is not available as of right.
• No fee: there is no charge to bring or to withdraw a SEND Tribunal case (check GOV.UK for the current position).
• Applies to England only.

What this document is

Form SEND8 is the official HMCTS form used to withdraw a case from the First-tier Tribunal (Special Educational Needs and Disability), commonly known as the SEND Tribunal. It covers two types of proceedings:

1. EHC plan appeals — brought by a parent or young person under section 51 of the Children and Families Act 2014, challenging a local authority decision about an education, health and care (EHC) needs assessment or plan.
2. Disability discrimination claims — brought against a school under the Equality Act 2010, alleging that the school discriminated against a disabled pupil.

Withdrawal stops the Tribunal from progressing the case any further. No hearing will take place and no ruling will be issued. The form is typically used where the parties have reached a private agreement, where mediation or a disagreement resolution service has produced an acceptable outcome, or where the claimant has changed their mind about pursuing the matter.

Because withdrawal is usually treated as final — and the window to apply for reinstatement is only 28 days — it is worth thinking carefully before sending the form off.

This information applies to England only. It is provided for general guidance and is not a substitute for legal advice on your specific situation.

The consent requirement explained

A common misconception is that sending Form SEND8 automatically closes the case. It does not. Under rule 17 of the 2008 Tribunal Rules, a notice of withdrawal does not take effect unless the Tribunal consents to it. The Tribunal then notifies each party in writing once the withdrawal has taken effect — that written confirmation is the formal signal that proceedings have ended.

In practice, consent is not usually withheld where the request is straightforward and arrives well before the hearing. The official HMCTS guidance (SEND37) states that permission will usually be given if you inform the Tribunal you want to withdraw more than three weeks before the hearing. Closer to the hearing date, the position may be less straightforward, and for disability discrimination cases you must explain to the Tribunal why the withdrawal application is late if it arrives less than 10 working days before the hearing.

The Tribunal's consent requirement also means that if your withdrawal is refused — which is uncommon but possible — your case remains live. You would need to continue engaging with the Tribunal unless and until consent is granted.

The 28-day reinstatement window

Withdrawal is not necessarily irreversible within the immediate aftermath. Rule 17(4) of the 2008 Rules allows a party that has withdrawn its case to apply for reinstatement. The application must be:

• made in writing; and
• received by the Tribunal within 28 days after the date on which the Tribunal received the withdrawal notice (or the date of the hearing at which the case was withdrawn orally).

Outside that 28-day window, reinstatement is not available as of right. Within the window, it is still at the Tribunal's discretion. This means that if circumstances change quickly after you send the form — for example, a private agreement breaks down within days — you may have a limited route back, but you should act immediately and take advice on your prospects.

Who can appeal to the SEND Tribunal (and therefore who can withdraw)

Only the person or people who originally brought the proceedings can withdraw them. Understanding who can bring an appeal is therefore also relevant to understanding who must sign the withdrawal.

EHC plan appeals

A parent or a young person can appeal to the SEND Tribunal on a number of grounds set out in section 51(2) of the Children and Families Act 2014, including where a local authority:

• refuses to carry out an EHC needs assessment;
• decides, following an assessment, that an EHC plan is not necessary;
• issues or amends an EHC plan and the parent or young person disputes sections B (special educational needs), F (special educational provision) or I (the school named);
• decides to cease to maintain an EHC plan.

The appeal must normally be received by the Tribunal within 2 months of the date on the local authority's decision letter, or within 1 month of the date of a mediation certificate — whichever is later (check GOV.UK for the precise current position, as rules can be updated).

Disability discrimination claims

A parent or young person can bring a claim against a school if they believe the school discriminated against a disabled pupil under the Equality Act 2010. Disability is defined in section 6 of the Equality Act 2010 as a physical or mental condition that has a substantial and long-term negative effect on a person's ability to carry out normal day-to-day activities; long-term ordinarily means 12 months or more.

The time limit for bringing a discrimination claim is strict: the claim must be received by the Tribunal within 6 months of the date of the conduct complained about (or of the final decision in a permanent exclusion process). The Tribunal can accept late claims only in exceptional circumstances. If you have withdrawn a discrimination claim and are considering bringing a fresh claim on the same facts, you will need to check very carefully whether the 6-month window is still open.

How to use Form SEND8

The steps below reflect the process as set out in the official HMCTS form and related guidance. Always use the most recent version of the form, which is available on GOV.UK.

1. Obtain the current version of Form SEND8. Download it from GOV.UK or contact the SEND Tribunal directly. Older versions of the form may not be accepted. If you need an accessible format, email hmctsforms@justice.gov.uk and state what format you need and what assistive technology you use.

2. Fill in the case and party details. You will need the appeal or claim reference number, the name of the local authority or responsible school involved, the name of the child or young person the case concerns, and — where one has been listed — the hearing date. Accurate details reduce the risk of the Tribunal misidentifying the case.

3. State clearly that you wish to withdraw. The form includes space to confirm your withdrawal of the appeal or claim. Keep this statement unambiguous. Do not include conditions or caveats within the withdrawal statement itself — the Tribunal needs a clear instruction.

4. Record the reason (where required). The form provides a space to give a reason for withdrawal. This is not a strict legal requirement for EHC plan appeals, though it is useful for monitoring purposes. For disability discrimination cases, if you are withdrawing less than 10 working days before the scheduled hearing, you must explain to the Tribunal why the withdrawal application is late.

5. Collect the required signatures. The form must be signed by the same person or people who originally signed the notice of appeal or the claim form. If two parents signed the original paperwork, both must generally sign the withdrawal. A missing signature can result in the Tribunal declining to treat the withdrawal as valid.

6. Send the completed form to the Tribunal. Submit Form SEND8 to the SEND Tribunal at the address or contact details shown on the form. The Tribunal can be contacted by email at send@justice.gov.uk or by telephone on 0300 303 5857 (Monday to Friday, 9am to 5pm). Keep a copy of the completed form and, if posting, use a method that provides confirmation of delivery.

7. Wait for written confirmation. The Tribunal is required to notify each party in writing once the withdrawal has taken effect. Until you receive that confirmation, proceedings remain technically live.