Tribunals and appeals
You have a right to appeal if you disagree with the council’s decision of whether you or your child has an Educational, Health and Care (EHC) assessment or Plan, or the contents of the EHC Plan.
If following mediation, you and the council still cannot agree on a decision – or you have decided against using the mediation service – you can appeal to the Special Educational Needs and Disability Tribunal.
Our guide to Tribunal
About the tribunal →
What you can appeal →
Next steps →
The Tribunal Hearing →
Contact →
About the tribunal
The SEND Tribunal have the legal authority to challenge or uphold a decision made by the council. This is a legal process that is set up for parents and young people to be able to present their own case without the need for legal representation.
Learn more →
What decisions can you appeal?
You can appeal the following:
- The Council’s decision not to carry out an EHC Needs Assessment
- The Council’s decision not to issue an EHC Plan
- The special educational needs and provision in the EHC Plan (sections B and F)
- The school named in the EHC Plan (section I)
- The Council’s decision not to maintain an EHC Plan
- The Council’s decision not to amend or replace an EHC Plan following a reassessment or review
You can also ask the tribunal to make a recommendation for Health or Social Care needs where you disagree with:
- The health needs and provision in the EHC Plan (Section C and G)
- The Social Care needs and provision in the EHC Plan (Section D and H1/H2)
The Special Educational Needs and Disability Tribunal does not hear appeals about the following sections of an EHC plan, Section A, Section E, Section J, or Section K.
Learn more →
How to appeal
To appeal, you will have to apply to the HM Courts and Tribunals Service.
The form you need to send depends on what you’re appealing:
Refusal to assess →
Decision about an EHC plan →
You must send your appeal within two months of the date on your decision letter or a month from the date of the mediation certificate – whichever is later.
Appeal: Refusal to assess
Form SEND35A must be used to appeal a local authority’s decision not to secure an EHC needs assessment.
You can appeal a decision as a:
- parent, someone with parental responsibility, or someone who cares for a child
- young person aged 16 to 24 (or an advocate or ‘alternative person’ acting on their behalf)
There is more guidance on who can appeal a SEND tribunal decision within the form.
Appeal forms and supporting documents can now be submitted electronically.
With the completed and signed form send the SEND Tribunal the following:
- A copy of the letter the council letter sent you that told you of its decision.
- Your mediation certificate.
- The evidence supporting your arguments.
- A list of all the documents enclosed with the application (it will be helpful to the SEND Tribunal if you put your evidence in chronological order, and then write out a list explaining what each document is).
Do not send original documents, send photocopies or scans. Keep a copy of everything you send, including the form.
Helpful videos
Appeal: Decision about an EHC plan
Form SEND35 must be used to appeal a local authority’s decision about a child or young person’s education, health and care (EHC) plan.
You can appeal a decision as a:
- parent, someone with parental responsibility, or someone who cares for a child
- young person aged 16 to 24 (or an advocate or ‘alternative person’ acting on their behalf)
There is more guidance on who can appeal a SEND tribunal decision within the form.
Appeal forms and supporting documents can now be submitted electronically.
With the completed and signed form send the SEND Tribunal the following:
- A copy of the letter the council letter sent you that told you of its decision.
- Your mediation certificate.
- The evidence supporting your arguments.
- A list of all the documents enclosed with the application (it will be helpful to the SEND Tribunal if you put your evidence in chronological order, and then write out a list explaining what each document is).
Do not send original documents, send photocopies or scans. Keep a copy of everything you send, including the form.
Helpful videos
What happens after I send my appeal?
SEND Tribunal will tell you that the appeal has been registered and the date of the final hearing of the appeal within 10 working days of receipt.
When the appeal is registered you should be issued:
- Case directions – will tell you the dates when you must take action and send the council and SEND Tribunal information which will be considered at the hearing.
- An attendance form – you must complete the form if you wish to have someone as a witness. If you do not complete the form within the dates set your witness can be struck off from attending the hearing.
- A case management questionnaire – a questionnaire is given to you to fill out asking you about any issues you feel need to be sorted out before the hearing. At least 10 days before the hearing, you will receive a full copy of the appeal bundle and details of the time and hearing venue.
Once notified, the council has 30 working days to make one of the following options:
- Oppose your appeal.
- Apply to strike out your appeal and ask that it is brought to an end if they feel it is a case that the Tribunal cannot consider.
- Not oppose your appeal – for example this could be that they agree to amend the EHC Plan. If you are satisfied with the outcome, you can withdraw the appeal or ask the Tribunal to order the council to change the EHC Plan in the way you have agreed, by making a consent order.
It can take up to 20 days for the Tribunal Application to be registered.
The Tribunal Hearing
Appeals will be heard by a panel consisting of a legally qualified Tribunal Judge who will chair the hearing and up to two specialist Panel members who have knowledge and experience of children with SEND.
Learn more →
Who to contact
Special Educational Needs & Disability Tribunal
Call
0300 303 5857
send@justice.gov.uk
For further information visit the Global Mediation website.
www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability
Our tribunal support
We empower parents/carers and children and young people to make informed decisions based on the impartial information we provide them with.
Our role is to encourage joint working between parents, children, young people, the Council, educational settings and voluntary bodies in identifying, assessing and making provision for pupils with SEND.
Our staff receive legal training and qualifications appropriate to our role via IPSEA but we are not legally qualified in SEND law.
Learn more →
Further help and support
You may also find the following websites useful:
Bromley Council – How to appeal to the SEND independent tribunal →
IPSEA – Appealing to the SEND Tribunal →
GOV.UK – Appeal an education, health and care (EHC) plan decision →