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The SEND Tribunal also hears disability discrimination claims against schools and local authorities when the local authority is the responsibly body for a school.
The following people can appeal to the SEND Tribunal:
- Parents (in relation to children from age 0 to the end of compulsory schooling)
- Young people 'over compulsory school age (normally 16) until they reach 25
A young person of 16-25, can decide that they would like their parent or carer to help them.
You can read Section 51(2) of the Children and Families Act 2014 which lists the possible decisions made by the local authority that you can appeal against.
The decisions made by the LA that you can appeal against are:
- Refusing to carry out an EHC needs assessment or a re-assessment
- Refusing to issue an EHC Plan
- Refusing to amend or replace an EHC plan following a review or reassessment
- Deciding to cease to maintain an EHC plan (to end the plan)
You can also appeal against the contents of an EHC plan when the LA issues or amends a plan. You can only appeal about the following sections:
- Section B (special educational needs)
- Section F (special educational provision)
- Section I (placement - the school or other setting to be attended)
Personal budgets
There is no right of appeal against decisions not to offer or award a Personal Budget. However you can appeal about the special educational provision to which a Personal Budget may apply.
Recommendations concerning Health or Social Care
Parents and young people also have the right to appeal against the health and social care sections of the plan. This only applies to sections:
- C (health needs)
- D (social care needs)
- G (health provision)
- H1 and H2 (social care provision)
C, D, G and H.
The right of appeal only arises where an appeal concerning educational issues is being made to the Tribunal i.e. sections relating to special educational needs, special educational provision and/or placement (Sections, B, F and I). The Tribunal can only make non-binding recommendations about health and social care needs and provisions. There is an expectation that the recommendations will be followed.
For further information, please see the Department for Education's guidance on extended appeals, or the list of FAQs about extended appeals published by IPSEA.
Before you can register an appeal with the First Tier Tribunal (SEN and disability), you must consider whether to enter mediation. You will need to obtain a certificate to confirm that you have considered mediation.
You do not have to enter mediation if you don't want to, but you must consider whether to or not. You also do not have to choose between appeal or mediation. You can do both, and they are both free to use.
If you do enter mediation, you will be sent a certificate within three working days of the mediation meeting.
If you wish to appeal exclusively about placement (Section I), you do not need to consider mediation.
If you decide not to enter mediation
If you decide not to enter mediation and tell your mediation adviser, they will send you a certificate of within three working days. You will then be able to register your appeal. You must send your certificate with the appeal form.
The Tribunal must receive your appeal within two months from the date of the letter from the local authority giving their final written decision OR thirty days from the date of the mediation certificate, whichever is later.
If you need to appeal after the two months deadline, you can apply to extend the time. The Tribunal Judge may allow an extension if there are special circumstances which prevented the appeal being made in time and it is fair and just to do so.
To appeal, you must complete an appeal form.
You can visit the GOV.UK website to download the appropriate appeal form. You will need a SEND 35a form for refusal to assess, and a SEND 35 form for all other appeals.
You can access the form on the GOV.UK website. The appeal form includes a checklist explaining what needs to be submitted to the Tribunal. The appeal will be rejected unless all required paperwork has been received by the Tribunal within the relevant timeframe.
You must send the following:
- A completed appeal form SEND 35a or SEND 35. This must set out the reasons for appeal. If you need extra pages they can be attached to the form.
- A copy of the decision being appealed against and the date the decision was made.
- The mediation certificate (if required).
- All relevant evidence, such as copies of assessments, reports or letters which help to support your appeal.
- The EHC Plan and supporting documents if one has been issued.
Send your appeal form
By email
The appeal form and supporting documents should be emailed to send@justice.gov.uk.
By post
If you cannot use email, you can send your appeal form and supporting documents to:
First-tier Tribunal Special Educational Needs and Disability 1st Floor,Darlington Magistrates Court
Parkgate
Darlington
DL1 1RU
When you have sent your appeal form and supporting documents, the Tribunal should register your appeal within 10 working days of receiving it.
You will receive confirmation that the appeal has been received and be issued an appeal number. You should use your appeal number in any correspondence with the Tribunal about your appeal.
You will also receive an appeal pack giving you all the information you need about the appeal process including all relevant dates and deadlines, including the date(s) of the hearing.
The Tribunal will write to the local authority, sending them a copy of your appeal documents and giving them the relevant dates and deadlines.
Refusal to assess
Refusal to assess appeals will normally be decided from the papers submitted, without an appeal hearing. A judge will decide the appeal by looking at the paperwork alone. You can request a face-to-face hearing (which may be held virtually) but there is a presumption that a hearing will not be needed.
For more information and guidance, you can contact us.
You can also explore the following resources for more information: