Appealing to the SEND Tribunal
How to appeal an Education, Health and Care (EHC) Plan decision to the First-tier Tribunal (Special Educational Needs and Disability).
Prezentare generală
Children and young people in England with special educational needs and disabilities (SEND) may be entitled to an Education, Health and Care (EHC) Plan under the Children and Families Act 2014. If the local authority (LA) refuses to carry out an EHC needs assessment, refuses to issue an EHC Plan, issues a plan you disagree with, or refuses to maintain the plan, you can appeal to the First-tier Tribunal (SEND). The tribunal's jurisdiction covers the educational sections of the EHC Plan (Sections B, F, I) — health and social care sections cannot be directly appealed but the tribunal can make non-binding recommendations.
Cine poate folosi acest proces
- You are likely eligible to use this guide if your situation involves appealing to the send tribunal.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Proces pas cu pas
Understand the Decision and Your Rights
The LA must notify you in writing of any decision about an EHC assessment, plan, or review. The notification must explain the decision and your right to appeal. You have 2 months from the date of the decision (or 1 month from the mediation certificate, whichever is later) to appeal to the SEND Tribunal. Common appealable decisions include: refusal to conduct an EHC assessment (s.36 Children and Families Act 2014), refusal to issue an EHC Plan (s.37), the contents of the EHC Plan (Sections B, F, I), and the school/institution named.
- Keep all LA correspondence and decisions with their dates — time limits are strict
- Section B (educational needs), Section F (educational provision), and Section I (the school) are the sections you can appeal on
- If you disagree with the health or social care sections, raise this through the complaints process rather than the tribunal
Obtain a Mediation Certificate
Before appealing most SEND tribunal decisions, you must first contact an approved mediation adviser and obtain a mediation certificate (even if you choose not to mediate). Contact the mediation adviser within 2 months of the decision. You do not have to mediate — you can simply request a certificate confirming you have contacted the adviser. The certificate extends your appeal deadline by 1 month from its date.
- The mediation requirement does not apply if you are appealing only about the school named in Section I
- A mediation certificate is free — contact the LA for the name of their approved mediation adviser
- If the LA delays providing the mediation adviser's details, document this — it may support a late appeal
Gather Expert Evidence
The SEND Tribunal is an evidence-based forum. Independent expert evidence — from an educational psychologist, speech and language therapist, specialist teacher, or other relevant professional — is usually the most persuasive material. Commission independent reports as early as possible (waiting lists can be long). Use the existing EHC assessment reports, school reports, and any private assessments. The LA must also disclose its evidence.
- An independent educational psychologist's report typically costs £800–£2,000 but is often essential
- Non-maintained special schools and independent schools will often provide reports supporting their suitability for your child
- IPSEA (Independent Provider of Special Education Advice) and SOS!SEN provide free specialist advice and can help with evidence gathering
- Legal aid is available for some SEND tribunal cases — check with a solicitor or the LAA
File the Appeal
File your appeal using the online HMCTS portal or form SEND35. The appeal must include: the decision you are appealing, the grounds for appeal (what you say is wrong and what you want instead), and initial evidence. File within the time limit (2 months from the decision date or 1 month from the mediation certificate, whichever is later). The appeal is free. IPSEA or SOS!SEN can help you complete the form.
- Be specific about which sections of the EHC Plan you are appealing and what changes you are seeking
- Include a brief summary of your child's needs and why the LA's decision is inadequate
- Attach the mediation certificate and the LA's decision letter
- Obtain professional support with the appeal form if possible — detailed, well-structured appeals are more effective
Prepare and Attend the Hearing
SEND tribunal hearings are heard by a legally qualified judge and one or two specialist members (a specialist in SEN and/or a disability specialist). Both parties exchange evidence and written submissions in advance. Attend the hearing — in person or by CVP. Bring all your evidence and a clear statement of what you are seeking. The tribunal will hear from both parties and may ask questions of any expert witnesses.
- The tribunal's paramount consideration is the educational needs and interests of the child or young person
- Present evidence in a clear, child-focused way — what provision your child needs and why
- You can be represented by a solicitor, specialist advocate, or an IPSEA volunteer supporter
- Hearings are listed for half a day to a full day — plan accordingly
Implement the Tribunal's Decision
If the tribunal finds in your favour, the LA must implement the decision — usually within specified time limits (often 2–5 weeks for specific actions). If the LA delays or refuses to implement, you can apply to enforce the decision through judicial review or complain to the Local Government and Social Care Ombudsman (LGSCO). Keep a record of all communications after the judgment.
- A tribunal order to amend the EHC Plan and name a specific school is binding on the LA
- If the LA delays implementation, contact IPSEA for advice on enforcement
- You can appeal further to the Upper Tribunal on a point of law (within 28 days of the decision with permission)
Costuri
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The time limits for SEND tribunal appeals are strict — missing the deadline usually requires you to start the EHC process again from the annual review.
The tribunal can only consider the educational sections of the EHC Plan — health and social care issues require separate complaints processes.
An EHC Plan decision only covers England — Wales has its own equivalent system (Individual Development Plan under the Additional Learning Needs and Education Tribunal (Wales) Act 2018).