SEND Tribunal: What Parents Need to Know Before They Appeal

The SEND Tribunal — formally, the First-tier Tribunal (Special Educational Needs and Disability), part of the Health, Education and Social Care Chamber of His Majesty's Courts and Tribunals Service — is the independent court that decides disputes between parents and local authorities about EHCPs in England.

It is free for parents to use. It is independent of the local authority. And, crucially, the outcome depends on the appeal type, the legal test and the evidence. Published headline percentages cannot predict an individual case.

The tribunal hears four broad types of appeal:

• Refusal to carry out an EHC needs assessment
• Refusal to issue an EHCP after an assessment
• The contents of an EHCP — particularly Sections B (needs), F (provision) and I (placement)
• A decision to cease (end) an existing EHCP

This guide walks through the whole process: mediation, registering the appeal, preparing your evidence, the hearing itself, and what happens after. It is written for parents, not lawyers.

Section 51 of the Children and Families Act 2014 lists the decisions you can appeal. In plain English, these are the six most common situations.

• Refusal to assess. You asked for an EHC needs assessment and the LA said no. The DfE records these appeals separately, but national totals do not show whether your evidence meets the legal test.
• Refusal to issue a plan after assessment. The LA carried out the assessment but decided not to issue an EHCP.
• Contents of the plan. An EHCP has been issued but you disagree with what is in Section B (needs), Section F (the specified provision), or Section I (the named school or type of school).
• Refusal to amend after annual review. After the annual review the LA decided not to make the changes you asked for.
• Decision to cease the plan. The LA has told you they intend to end your child's EHCP.
• Refusal to reassess. You asked for a fresh EHC needs reassessment and the LA said no.

When you cannot appeal to this tribunal: if your complaint is about how the LA behaved (delays, rudeness, lost paperwork) rather than the decision itself, that goes through the LA's complaints procedure and then the Local Government and Social Care Ombudsman, subject to its jurisdiction. In an eligible education appeal, extended powers also allow non-binding recommendations on health and social care needs and provision. These powers continued after the trial ended in 2021.

For most appeals you must contact a mediation adviser before you can register with the tribunal. This is not full mediation — it is a short phone call where the adviser explains your options. You do not have to take part in mediation itself unless you want to.

How it works:

• The LA's decision letter must tell you which mediation provider to contact and give their phone number.
• Contact them promptly after the decision and before your appeal limit.
• If you decline mediation after receiving advice, regulation 34 requires the certificate within three working days of telling the adviser, provided contact was made within the required period. If mediation takes place, regulation 39 requires it within three working days after mediation concludes. A further rule applies if the council cannot arrange mediation in time.
• You attach that certificate to your tribunal appeal form.

Mediation exception: under section 55, the certificate requirement does not apply if your appeal concerns only the school or type of school in Section I, or the fact that no school is named. You never have to participate in mediation itself.

Time limits — the rule that catches parents out: the tribunal must receive your appeal within two calendar months from the date of the LA's decision letter, or one month from the date of your mediation certificate — whichever is later. Do not assume one or the other; check both, and register on the earliest date you have all the paperwork.

The filing route depends on the appeal. GOV.UK says a refusal-to-assess appeal cannot be submitted online: use SEND35A by email or post. Other EHC plan appeals may use the online service or SEND35; children in custody have a different form. Check the current GOV.UK appeal page for the route that matches the decision you are challenging.

Young people over compulsory school age: from the end of the school year in which they turn 16, the right to appeal usually belongs to the young person rather than the parent (Children and Families Act 2014, section 51), unless they lack capacity under the Mental Capacity Act 2005. GOV.UK has a separate young person's appeal page. A parent can still help or act as their representative.

You will need:

• Your child's name, date of birth and current school
• The LA's decision letter
• Your mediation certificate (where required)
• A copy of the EHCP if your appeal is about its contents, or your original assessment request letter if you are appealing a refusal to assess
• A short statement of what you want the tribunal to order — for example, "order the LA to carry out an EHC needs assessment" or "amend Section F to specify the speech and language therapy attached."

Once your appeal is registered, the tribunal sets a timetable (called "directions"). The LA must send you their appeal pack — usually within 30 working days — containing their case statement and all evidence they intend to rely on.

For contents appeals, the tribunal will ask both sides to agree a working document: a single Word version of the EHCP with proposed wording from both parents and LA tracked in different colours. This becomes the document the panel works from on the day. Spend time getting Section F right — this is where the legally enforceable provision lives.

Good preparation helps the panel understand the dispute. Keep the bundle organised and be clear about the decision you want the tribunal to make.

Understand the law. The two key tests are simple:

• For refusal-to-assess: Section 36(8) of the Children and Families Act 2014 — the child has or may have SEN, and it may be necessary for provision to be made through an EHCP.
• For refusal to issue a plan: Section 37 — the special educational provision called for by the assessment cannot reasonably be provided from within the resources normally available.

Gather your evidence. Pull together everything you have, then number each document. Typical bundles include:

• School reports, SEN Support plans, IEPs, attendance records
• Any existing Educational Psychologist report that addresses the disputed issue
• NHS letters: paediatrician, speech and language therapy, occupational therapy, CAMHS
• Relevant clinic or diagnostic letters, if you already have them
• Examples of your child's work, photos or short videos
• Your own dated parental statement

There is no requirement for a diagnosis or a private report. Evidence should address the legal test and the specific issue under appeal. Use relevant existing school, council, NHS and other professional reports. Before paying for extra evidence, seek independent advice on whether it is needed and what question it should answer.

Witnesses. You can bring witnesses — typically the SENCO, your child's class teacher, a therapist or paediatrician, or the head of the school you want named. They give a short oral statement and answer questions from the panel and the LA. Brief them in advance on what you will ask and what the LA might.

For help understanding the structure of the plan itself, see our companion guide on understanding what is in your child's EHCP.

A hearing usually has a tribunal judge and one or two other tribunal members. It may take place by video or in person. The tribunal will tell you the arrangements; contact it early about any adjustments you need.

Who will be in the room:

• The tribunal panel
• You (and your representative, if you have one)
• Your witnesses
• The LA's representative (sometimes a barrister)
• The LA's witnesses — typically an EP and a SEND officer

What to expect on the day. The judge introduces everyone and sets out the issues. Both sides give a short opening. Then the panel questions witnesses — usually the LA's first, then yours — taking each disputed section of the EHCP in turn. You (or your representative) can question the LA's witnesses. At the end each side gives a closing statement.

The atmosphere is deliberately informal. There are no robes, no standing up to speak, and the panel is used to working with parents. Take notes, ask for breaks if you need them, and do not be afraid to say "I do not understand" — the panel will rephrase.

How to present your case: stay focused on the legal test and the evidence. Avoid attacking individuals at the LA — judges find it unhelpful. Lead with your strongest point and keep coming back to the same question: what does this child need, and why is current provision not enough?

You usually receive the written decision within 10 working days of the hearing. It will say whether each part of your appeal succeeded, and set out what the LA must do.

If you win: the LA must comply within strict statutory deadlines set by Regulation 44(2) of the SEND Regulations 2014 — for example, 2 weeks to notify you it will carry out an assessment it was ordered to do, 5 weeks to issue a plan amended in its SEN provision, and 2 weeks where the order changes the named institution or its type. Check the actual order: tribunal directions can affect the timetable, and regulation 44(3) contains limited exceptions for assessment and make-and-maintain orders. If they miss those deadlines, you can complain to the Local Government Ombudsman and seek specialist advice about enforcement. See the regulation at legislation.gov.uk.

If you lose: an onward appeal requires permission and an alleged error of law. GOV.UK says to request permission within 28 days of the decision letter. Read the decision letter promptly: review or setting aside may be relevant instead. Seek specialist advice about the appropriate route.

Finding help: check each organisation’s current services, eligibility and capacity. Advice and representation are different services; do not assume that a helpline can represent you. See our support directory for free legal helplines.

Published outcomes vary by appeal type and reporting denominator. Do not use a headline percentage to predict an individual case; focus on the legal test, the evidence and the tribunal's directions.

Some appeals are withdrawn, conceded or settled before a hearing. Published tables may treat those outcomes differently, so check the measure and denominator before comparing percentages.

The takeaway: preparation matters more than anything else. A well-organised bundle, a clear list of what you want changed, and a short parental statement are worth more than any clever legal argument.