In short
- The SEND Tribunal is an independent court. Its full name is the First-tier Tribunal (Special Educational Needs and Disability).
- It is less formal than other courts. Many parents represent themselves.
- If the tribunal orders changes, the council must make them within strict time limits.
The SEND Tribunal, full name the First-tier Tribunal (Special Educational Needs and Disability), is an independent court that decides appeals against council decisions about EHC needs assessments and EHCPs.
Who sits on the tribunal?
Usually a panel of three: a judge and two specialist members with experience of special educational needs and disability. Some simple appeals, like a refusal to assess, can be decided by a judge on paper.
How an appeal works
- You register your appeal with the SEND35 form.
- The tribunal sends a timetable with dates for evidence and the hearing.
- The council sends its response.
- Both sides send their evidence, including a working document showing the plan with each side’s wording.
- The hearing takes place, usually online or in person, and lasts around a day.
- The tribunal sends its written decision, usually within a few weeks.
What happens at the hearing?
The judge leads. The panel will have read the papers. They ask questions of you, the council and any witnesses. You can bring a supporter and, if you wish, a representative or expert witness. You will have the chance to say what you want and why.
You don’t need to know the law perfectly. The panel wants to understand your child. Explain clearly what your child needs and why the council’s plan doesn’t provide it.
Preparing your evidence
- Reports that recommend specific support, ideally recent
- School evidence of progress, or lack of it
- Your own evidence of how your child is at home
- For a school appeal, evidence the school is suitable and can meet needs
After the decision
If the tribunal orders changes, the council must make them within set time limits, for most orders 5 weeks. If it doesn’t, you can complain or get legal advice.
Get help
IPSEA offers free advice and tribunal help. Your local SENDIASS can support you. Find free help.
Questions parents ask
Do I need a solicitor for the SEND Tribunal?
No. Many parents represent themselves. Free advice is available from IPSEA and your local SENDIASS.
Does it cost anything to appeal?
No. There is no fee to appeal to the SEND Tribunal.
Can the tribunal look at health and social care?
It can make recommendations about the health and social care parts of a plan when you are also appealing about education.
