Your Child Needs SEND Tribunal Help
The First-tier Tribunal (Special Educational Needs and Disability), known as SENDIST, hears appeals about Education, Health and Care plans. Parents have 2 months from the local authority's decision to appeal.
Quick Answer
You can appeal to the SEND Tribunal about the local authority's refusal to issue an EHC plan, the contents of an EHC plan, or the school named in it. The deadline is 2 months from the LA's decision or 1 month from the mediation certificate, whichever is later. Contact your local SENDIASS for free independent advice before starting the process.
Full Explanation
The First-tier Tribunal (SEND) — commonly called SENDIST — operates under Part 3 of the Children and Families Act 2014 and the Special Educational Needs and Disability Regulations 2014. It has jurisdiction to hear appeals against local authority decisions about Education, Health and Care (EHC) plans.
Appealable decisions include: refusal to carry out an EHC needs assessment; refusal to issue an EHC plan after an assessment; the description of the child's special educational needs in the plan; the educational provision specified in the plan; the school or type of school named (or the refusal to name a school the parents have requested); and decisions to cease maintaining an EHC plan. Since 2022, there have also been pilot schemes allowing health and social care aspects of the plan to be included in the appeal.
Before lodging an appeal with the tribunal, most parents must obtain a mediation certificate. This requires contacting a mediation service within 2 months of the LA decision to consider whether the dispute can be resolved through mediation. If mediation is declined or unsuccessful, the mediator issues a certificate which allows the tribunal appeal to proceed. The appeal must then be lodged within 1 month of the mediation certificate (or 2 months from the LA decision, whichever is later).
SENDIASS (Special Educational Needs and Disability Information, Advice and Support Service) is a free, impartial service available in every local authority area. SENDIASS advisers can help you understand your rights, navigate the process, and prepare your case. They are not solicitors but provide valuable practical support.
At tribunal, the panel considers the evidence and can order the local authority to carry out an assessment, issue a plan, amend the plan's educational provision, or name a specific school. The burden of proof is not on the parent — the tribunal makes findings based on all the evidence. Parents frequently succeed in SEND tribunal appeals without legal representation, though specialist SEND solicitors and barristers can assist in complex cases.
Legal Basis
- §Children and Families Act 2014 ss.36–80 — EHC plan framework and appeal rights
- §Children and Families Act 2014 s.51 — right of appeal to the First-tier Tribunal (SEND)
- §Special Educational Needs and Disability Regulations 2014 (SI 2014/1530)
- §SEND Tribunal Rules — Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
What To Do
Get the LA Decision in Writing
Obtain the local authority's written decision letter. This will state the decision made (e.g. refusal to assess, refusal to issue, or the final EHC plan) and the deadline for challenging it. The clock starts from the date of this letter.
Contact SENDIASS for Free Advice
Contact your local SENDIASS service immediately. They provide free, impartial advice and can help you understand whether you have grounds to appeal, what evidence you need, and how to navigate the mediation and tribunal process.
Consider Mediation — Obtain a Certificate
Contact a mediation provider within 2 months of the LA decision to discuss whether mediation is appropriate. Even if you decide not to mediate, you must contact the mediator and obtain a certificate within this timeframe before you can appeal.
Lodge the SENDIST Appeal
Submit your appeal to the SEND Tribunal within the deadline. Include the LA's decision letter, the mediation certificate, and a clear statement of the outcomes you are seeking. The appeal form is available on GOV.UK.
Prepare Your Evidence Bundle
Compile all relevant evidence: educational psychology reports, medical assessments, school reports, letters from teachers and therapists, and any independent reports you have commissioned. The tribunal will consider all relevant evidence.
Important Deadlines
Important Warnings
The mediation and appeal deadlines are strict — missing the 2-month window from the LA decision (or 1 month from the mediation certificate) may result in you losing the right to appeal this particular decision.
SENDIST can only deal with the educational provision and school placement aspects of an EHC plan — disputes about health or social care provision within the plan must be pursued through other routes (though pilot schemes are extending this).
A successful tribunal appeal does not guarantee the LA will comply quickly — you may need to monitor compliance and return to the tribunal if the LA delays implementing the order.