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, parents win the majority of cases that reach a hearing — because most decisions taken by under-resourced LA SEND panels do not stand up to judicial scrutiny.

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. This is the most common appeal, and the one parents most often win — in 2024/25, around 99% of decided cases were won by families. (of decided cases — MoJ Tribunal Statistics 2024-25)
• 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. Disputes about Section C (health) and Section D (social care) are partly covered by the extended appeal scheme as non-binding recommendations.

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.
• You ring them within two months of the decision.
• They send you a mediation certificate within three working days — either confirming you considered mediation, or confirming mediation has taken place.
• You attach that certificate to your tribunal appeal form.

When mediation is NOT required: if your appeal is solely about the school named in Section I, or solely about the type of school, or about a decision to cease the plan. In those cases you can register the appeal straight away.

Time limits — the rule that catches parents out: you have two months from the date of the LA's decision letter, OR 30 days 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.

Appeals are registered online through the HM Courts and Tribunals Service portal — search for "appeal a SEND decision" on GOV.UK. The form was historically known as SEND35 and the name is still widely used.

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.

Preparation wins tribunals. The panel hears dozens of cases a year and they can tell within minutes whether a bundle is organised and whether the parent knows what they are arguing for.

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
• Educational Psychologist reports (LA or independent)
• NHS letters: paediatrician, speech and language therapy, occupational therapy, CAMHS
• Any diagnostic letters
• Examples of your child's work, photos or short videos
• Your own dated parental statement

An independent educational psychology report is often the single most influential piece of evidence in a contents appeal. If you can afford one, it is usually worth it. If you cannot, the LA's own EP report can still support your case — read it carefully and quote it back at them.

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.

Hearings are conducted by a panel of three: a legally qualified tribunal judge and two specialist members (usually an experienced SEN professional and someone with a disability or health background). Most hearings now take place over video; in-person hearings happen at HMCTS venues around the country if either side requests them.

Who will be in the room:

• The three-member 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 only where the order amends the named school. If they miss those deadlines, you can complain to the Local Government Ombudsman or apply back to the tribunal. See the regulation at legislation.gov.uk.

If you lose: you can apply to the Upper Tribunal, but only on a point of law — not because you disagree with the facts. The bar is high and most onward appeals fail. Free advice from IPSEA before launching an Upper Tribunal appeal is essential.

Free representation is available from IPSEA, SOSSEN, Coram Children's Legal Centre, and some pro bono schemes run by universities. Legal aid for SEND tribunal representation is limited but available in some circumstances — your local Citizens Advice can help you check eligibility. See our support directory for free legal helplines.

Parents win the overwhelming majority of SEND Tribunal appeals. The Ministry of Justice's published statistics show that in 2024/25, around 99% of decided cases were won by families — one of the highest rates in any tribunal jurisdiction. (of decided cases — MoJ Tribunal Statistics 2024-25)

That figure understates the picture, because it excludes cases that settle. A large proportion of appeals are conceded by the LA before the hearing date — often in the final fortnight when officers actually read the bundle. Add those to the cases won at hearing and the practical success rate is even higher.

Why? Because LA SEND panels are under huge financial pressure and decisions are often made with one eye on the budget rather than the law. The tribunal applies the law as written. When parents prepare properly and bring evidence, the gap between "what the LA decided" and "what the law requires" usually tips the case.

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.