Appealing to the SEND Tribunal
How to appeal to the First-tier Tribunal, what you can appeal about, costs, and what to expect.
Appealing to the SEND Tribunal
The First-tier Tribunal (Special Educational Needs and Disability) is an independent body that resolves disagreements between parents and local authorities about EHCPs. If the local authority has made a decision you disagree with, the tribunal is where you can challenge it.
The process is free. You do not need a solicitor. And the success rate for parents who appeal is high.
What you can appeal about
You can appeal to the tribunal about:
- A refusal to carry out an EHC needs assessment
- A refusal to issue an EHCP after an assessment
- The content of the EHCP: specifically Sections B (needs), F (provision), and I (school placement)
- A refusal to amend the EHCP after an annual review
- A decision to cease the EHCP
- The school named in Section I of the EHCP
You cannot appeal about:
- Sections C, D, G, or H (health and social care). These go through different complaint routes.
- How long the process has taken (delays are a matter for the Local Government Ombudsman)
- The behaviour of individual staff members
The deadline
You must register your appeal within 2 months of the date of the decision you are appealing. This deadline is strict. If you miss it, you will need to show there are exceptional reasons why it should still be heard.
The 2-month deadline starts from the date on the decision letter, not the date you received it. If the letter is dated 1 March, your deadline is 1 May. Set a reminder as soon as you receive the decision.
Before you can appeal
Before registering your appeal, you must consider mediation. This means you need to either:
- Go through mediation with the local authority (free, usually a phone call), or
- Get a mediation certificate saying you were informed about mediation and chose not to use it
You get the certificate by contacting a mediation service. Your local authority's decision letter should include the contact details.
See Mediation before tribunal for more.
How to register your appeal
Contact the mediation service named in the decision letter. They will either arrange mediation or issue a certificate.
You can register online through the HM Courts and Tribunals Service website, or download a form. You will need: - Your details and your child's details - A copy of the decision you are appealing - Your mediation certificate - A brief explanation of why you are appealing
Send the form within the 2-month deadline. You can submit online, by email, or by post.
The tribunal will send you 'case directions' setting out the timetable. This includes deadlines for submitting evidence.
You will need to compile an evidence bundle. See Preparing your evidence.
Most hearings are held online or at a tribunal centre. They are less formal than a court. You can bring a supporter, advocate, or legal representative. You can also represent yourself.
Does it cost anything?
No. Registering an appeal with the SEND Tribunal is free. There are no court fees.
If you choose to hire a solicitor or barrister, you will need to pay for their services. But many parents represent themselves successfully, often with free support from IPSEA, SENDIASS, or a local charity.
IPSEA offers a free tribunal support service for parents who are representing themselves. They can help you prepare your case, review your evidence bundle, and advise on legal arguments. Contact them as early as possible.
What happens at the hearing
The hearing typically lasts between half a day and two days. A panel of three people hears the case: a judge and two specialist panel members (usually a SEND professional and a lay person).
You will:
- Present your case (or your representative will)
- Answer questions from the panel
- The local authority will present their case
- You can question the LA's witnesses
The panel will make a decision, usually within a few weeks. Their decision is legally binding on the local authority.
Success rates
Parents who appeal to the SEND Tribunal have a high success rate. Many appeals are resolved before the hearing, because the local authority agrees to change their decision once they see the evidence. Of those that reach a hearing, the majority result in changes to the EHCP.
Do not be put off by the process. It exists to protect your child's rights.
Try asking this question in a chat:
“The local authority refused to assess my child. Can you help me understand how to appeal to the tribunal?”