SENDIASS
The SEND Tribunal is part of the system of courts and tribunals which makes decisions in appeals and claims in relation to children and young people’s Special Educational Needs (SEN) and Disability.
This guide will focus solely on appeals lodged with the SEND Tribunal in relation to EHC plans.
As a parent of a child with SEN (or a young person over 16 with ‘mental capacity’), you can appeal to the SEND Tribunal if your Local Authority (LA):
There are also rights of appeal about the contents of an EHC plan when first issued or reviewed/amended in a final form, specifically against:
There is advice from HM Courts and Tribunal Service about appealing decisions available at: How to Appeal an SEN Decision https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/776348/send37-eng.pdf
If you wish to lodge an appeal with the Tribunal then you must submit the following:
For appealing the refusal to assess:
For all other appeals:
At SENDIASS we advise all our families who are lodging an appeal to check if they are eligible for Legal aid. ** ** There is no fee to lodge an appeal at SEND Tribunal. Although you may wish to seek legal advice from a solicitor which would incur fees. You may want to check if you are eligible for legal aid through this link:
Check if you can get legal aid - GOV.UK (www.gov.uk)
If eligible, you may then receive advice from a solicitor who can advise you on your case. The Solicitor might not represent you at the final hearing but they may help you to build a case and prepare you for the hearing.
Please note that although the below is the guidance timeline for Tribunal, currently, there is a timeline of up to 52 weeks between lodging the appeal and the hearing date.
This is usually a 20-week process as follows:
• Week 0: The appeal is lodged
• Week 0-2: The appeal is registered
• Week 6: The LA must respond to the appeal
• Week 16: All further evidence must be submitted
• Week 20: The Tribunal hearing will take place
• Week 20+2: The Tribunal decision is issue.
However, if the appeal concerns a transfer of schooling, i.e. between primary and secondary school or between school and college at Post-16/19 the appeal will be placed on an expedited timetable of 12 weeks.
This would then operate on the following timescales:
• Week 0: The appeal is lodged
• Week 0-2: The appeal is registered
• Week 5: The LA must respond to the appeal
• Week 9: All further evidence must be submitted
• Week 12: The Tribunal hearing will take place
• Week 12+2: The Tribunal decision is issued
You will receive a ‘Letter of Registration’ which confirms that your appeal has been registered and your appeal number. It will also set out the date of the hearing and relevant deadlines for both the LA and yourself including:
Deadline for the LA’s response to the appeal
Deadline for submission of Case Progression Checklist and Attendance Form for both parties
Further Evidence deadline for both parties
You have a choice of asking for a paper hearing or an Oral hearing.
Paper hearings do not require you to attend and the Tribunal will make a decision based on the evidence submitted.
Oral hearings require you to attend and this can be online or in person. The Tribunal will tell you closer to the hearing date how you will attend the hearing.
The hearing will be heard by a panel of two/three people, consisting of one Tribunal Judge and one/two specialist members with experience of special educational needs.
The LA representative and the parents/young person and, if requested, their representative, will be in attendance. Witnesses as specified in their Attendance Forms (mentioned above), of whom there will usually be up to three (extra witnesses can be allowed in exceptional circumstances) will also attend.
You should expect to receive a written decision regarding your case within 10 working days following the Tribunal hearing. The decision is sent to the nominated contact and the local authority.
Once SEND Tribunal’s decision is issued, the local authority must carry out the order within a fixed period, beginning with that date.
Some of these timescales also apply when the local authority tells the SEND Tribunal that they do not oppose the appeal. If the local authority does not keep to the order within that time, you may have to apply to the Secretary of State for Education or the High Court to enforce it. You can also make a complaint to the Local Government Ombudsman by contacting the LGO Advice Team on 0845 602 1938, or by writing to:
Local Government Ombudsman, PO Box 4771, Coventry, CV4 0EH
You can also visit their website: https://www.lgo.org.uk/make-a-complaint/fact-sheets/education/special-educational-needs
When the decision is issued, it will include a leaflet setting out in detail your right of appeal. The following is a brief outline of your options.
When you have received a decision, you may think that the decision is wrong in law or that there is another reason why SEND Tribunal should look again at the decision. If you think it is wrong in law, you can appeal to the Administrative Appeals Chamber of the Upper Tribunal but you must first ask for permission to appeal.
Guidance explaining how to make an application for permission to appeal against the decision and other applications that you can make following the decision is included with the decision.
You can make an application if you have been involved in an appeal or claim before the First-tier Tribunal in a special educational needs or disability discrimination case. This includes if you are a parent, or person with parental responsibility, a local authority or a responsible body for a school.
Following a decision of the First-tier Tribunal, you can make the following applications:
The three applications are explained in detail in the guidance sent with your decision.
You must make an application so that it is received by SEND Tribunal no more than 28 calendar days from the date on the letter sent with the decision.
If you are applying more than 28 calendar days after the decision is sent, you will need to apply for an extension, giving the reasons why the application is late. If a tribunal judge does not agree to extend the time, your application will not be considered.
If you are not happy with a decision about Special Educational Needs (SEN)
You can get booklets, forms, or DVDs