What is the SEND Tribunal?

The Special Educational Needs and Disability (SEND) Tribunal is an independent body. This means it is separate from the local authority and schools.

You can go to the Tribunal if you disagree with a decision about your child’s EHC assessment or EHCP. There is no cost to use the Tribunal.

The Tribunal also looks at complaints about disability discrimination in schools or by local authorities.

What can the Tribunal do?

The Tribunal can make legally binding decisions. This means the local authority must follow what they decide.

They can order the local authority to:

  • Carry out an EHC needs assessment
  • Issue an EHCP after assessment
  • Change an existing EHCP
  • Continue an EHCP if it was going to be stopped
  • Make changes to important parts of the EHCP, such as:
    • Your child’s needs (Section B)
    • The support they need (Section F)
    • The school or setting (Section I)

They can also make recommendations about health and social care support (in most cases).

Refusal to Assess
Refusal to Issue
Contents Appeal
Placement Appeal

Who can appeal?

You can appeal if you are:

  1. A parent or carer of a child (from birth to age 16/18 depending on schooling), or
  2. A young person (up to age 25)

Young people can make an appeal themselves, but they can also get support from parents or an advocate.

What can you appeal about?

You can appeal if the local authority:

  • Refuses to carry out an EHC needs assessment
  • Decides not to issue an EHCP
  • Does not include the right needs, support, or school in the EHCP
  • Refuses to make changes after a review
  • Decides to stop the EHCP

Important deadlines

You usually have 2 months (60 days) from the date of the decision letter to appeal, or
1 month (30 days) from your mediation certificate (whichever is later).

Even if you miss the deadline, you may still be able to appeal in some cases, but this is not guaranteed.

What happens during an appeal?

If you appeal, the Tribunal will look at all the evidence and decide what is right for your child.

If the appeal is about stopping an EHCP, the plan must stay in place until the Tribunal makes a decision.

Good to know

  • The Tribunal must follow the law and guidance
  • The local authority must follow the Tribunal’s decision
  • You do not have to go through this alone — you can get support or advice