SEND Tribunal (First-tier — HESC)

Overview

The Special Educational Needs and Disability (SEND) Tribunal is part of the First-tier Tribunal (Health, Education and Social Care Chamber). It hears appeals brought by parents (and over-16-year-old children) against local authority decisions about Education, Health and Care (EHC) needs assessments, EHC plan contents, ceasing of plans, and certain disability discrimination claims under the Equality Act 2010 in respect of schools.

What it handles

• Refusal to carry out an EHC needs assessment
• Refusal to issue an EHC plan after assessment
• Disagreement with sections B, F, I (special educational needs, provision, placement) of an EHC plan
• Cessation or non-amendment of an EHC plan
• Disability discrimination claims against schools (Equality Act 2010)

Forms

Fees

• Filing an appeal: No fee

Deadlines

• LA decision letter received → 2 months to file appeal
• Mediation certificate issued (where mediation considered) → 1 month to file appeal

Process

1. Step 1: Mediation

   In most cases you must consider mediation with the local authority before you can appeal to the tribunal; you still need a mediation certificate even if you decide not to go ahead with it, unless your appeal is only about which school or institution is named.

2. Step 2: Register the appeal

   The tribunal must receive the appeal within 2 months of the date on the local authority's decision letter, or one month from the date of the mediation certificate, whichever is later; you can appeal online, by post or by email.

3. Step 3: Tribunal reviews the appeal

   The tribunal reviews the appeal and responds within 25 working days, telling you whether there will be a hearing; the appeal is also sent to the local authority, who have 30 working days to respond.

4. Step 4: Hearing

   The hearing takes place by video link or at a venue within 2 hours of your home; you get the hearing documents at least 10 days beforehand and can be questioned by the local authority's representative and the tribunal.

5. Step 5: Decision

   You usually get the tribunal's decision by letter or email within 10 working days of the hearing.

6. Step 6: If you lose

   You can ask for the decision to be set aside or reviewed, or ask for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber) within 28 days of the decision letter.

Appeals

Upper Tribunal (Administrative Appeals Chamber) on point of law, with permission.

Representation

Many parents self-represent; SENDIAS services and specialist solicitors provide support.

Official sources

Related guides

• School Sen Appeal