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.

Read our Appealing an EHC plan Flow Chart

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.

You do not need a lawyer to appeal in a SEND Tribunal. The majority of parents do not have a representative at their appeals and the appeal process has been designed so that parents can lodge the appeal themselves.  However, if you want legal support you may be entitled to public funding (Legal Aid) in preparing for your appeal.  SENDIASS can offer advice and guidance on what to do.  Subject to our capacity, we may be able to offer support with your appeal.   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.

Read about our Tribunal Support or complete our Tribunal Self- Referral form