Appealing to the SEND Tribunal Service

You can appeal to the SEND Tribunal if you’re unhappy with a decision made in relation to an EHC needs assessment or an EHC plan. There are no fees for parents or young people to pay. The SEND Tribunal has the power to order local authorities to carry out EHC needs assessments, issue EHC plans, and amend existing EHC plans. Local Authorities must comply with orders made by the SEND Tribunal.

It's a good idea to continue talking to the local authority when you are in disagreement, as it may be possible to resolve without having to lodge an appeal.  Let them know what it is you disagree with and what you would like changed.  These discussions will help you decide whether to appeal and if you do, it could be useful when building your case. Continue talking with them even after lodging an appeal.

You can appeal about a local authority decision on :

• refusal to carry out an EHC needs assessment
• refusal to issue an EHC plan
• the contents of a final EHC plan or amended plan
• decision not to amend an EHC plan
• decision to cease to maintain an EHC plan

You can lodge an appeal, either within two months of the original decision being sent by the local authority, or within one month of the date of the mediation certificate, whichever is the later.  If you are thinking about appealing these local authority decisions, you must firstly consider mediation.

Appealing to the SEND Tribunal is a formal, legal process and can feel quite daunting for parents. Information and preparation are key and information about the appeal process is contained within this section but if you have any questions about appealing, please get in touch. 

If you instruct legal representation we will step back from active involvement but will remain available for information and ongoing advice and support around related issues. 

Click on the  blocks below for advice around how to lodge a refusal to assess appeal and for information on appealing a LA Decision about an EHCP.