SEND Tribunal

Also called First-tier Tribunal (SEND), SENDIST, Appeal

The independent tribunal that decides SEND appeals against councils. Free, and parents win most of the time.

What it is

The First-tier Tribunal (Special Educational Needs and Disability) hears appeals against local authority decisions about EHCPs, and disability discrimination claims against schools.

It is independent of the council. There is no fee, and costs orders are rare.

Where it applies

Parents, and young people themselves once they are over 16.

How it works

You can appeal a refusal to assess, a refusal to issue a plan, the contents of sections B, F and I of a plan, a decision to cease a plan, and an amendment decision.

The deadline is **2 months** from the decision letter, or one month from a mediation certificate, whichever is later. You must contact a mediation adviser first and get a certificate, unless you are only appealing the school named in Section I.

Published statistics have consistently shown parents succeeding in the large majority of decided appeals — around nine in ten in recent years.

What you can ask for

Get the deadline in your diary the day the decision letter arrives. It is the one thing that cannot be fixed later.

Ask for independent evidence — an independent educational psychologist or therapist report — if the council's evidence is thin. It is a real cost and it is frequently decisive.

Most appeals settle before the hearing. Registering one is often what produces the concession.

Where to get help

IPSEA's free tribunal support and their appeal guides. SOS!SEN. SENDIASS. Legal aid is available for some SEND matters through means-tested advice.