SEND Tribunal & appeals overview
An overview of appealing to the First-tier Tribunal (Special Educational Needs and Disability) in England — what can be appealed, mediation, deadlines, and preparing your case — with suggested questions for the assistant at each stage.
This step-by-step guide is general information for England only. Tribunal outcomes depend on the facts and law in each case. It is not formal legal advice and does not guarantee any outcome.
1. What the SEND Tribunal does
The First-tier Tribunal (Special Educational Needs and Disability) hears appeals about EHCP and related matters in England — for example refusals to assess, refusals to issue a plan, and some disputes about plan content including placement in many cases. It is independent of the local authority.
Suggested question: What is the SEND Tribunal in England and what types of decisions can parents appeal?
2. Decisions you can and cannot appeal
Not every disagreement with an LA goes to the Tribunal. Appeal rights depend on what decision was made and whether it falls within the Tribunal's jurisdiction. Check the decision letter and current rules — get individual advice for borderline cases.
Suggested question: Which local authority SEND decisions can be appealed to the Tribunal in England, and which cannot?
3. Mediation and registering an appeal
For many appeals you must contact a mediation adviser first and obtain a mediation certificate before registering, even if you choose not to mediate. Missing this step can delay or affect your appeal — note strict time limits from the date of the LA decision.
Suggested question: What are the mediation and time limit requirements before registering a SEND Tribunal appeal in England?
4. Building your case
Gather the LA decision letter, draft or final EHCP, reports, school evidence, and a clear record of what you asked for and why. The Tribunal looks at the law and the evidence — focus on SEN need, provision, and placement tests where relevant.
Suggested question: What evidence is helpful when preparing for a SEND Tribunal appeal in England?
5. The appeal process
After registration, both sides usually exchange documents. Many cases settle before a hearing; if not, a hearing may be in person, by video, or on papers. Parents can represent themselves or use an advocate — see signposting for independent help.
Suggested question: What are the main stages of a SEND Tribunal appeal in England after registration?
6. After the Tribunal decision
The Tribunal's decision is binding on the parties for the matters decided. Further challenges are limited and depend on the type of decision. If you win, the LA must comply within set periods; if provision still breaks down, you may need further advice on enforcement and review.
Suggested question: What happens after a SEND Tribunal decision in England, and what if the local authority does not comply?
Need human advice? See help & signposting or the glossary.