We can help you take your case to the SEND tribunal if you disagree with a decision made by your local authority. Our education lawyers regularly help parents with SEND tribunal appeals and we can support you throughout the process.

What are the time frames to bring an appeal?

Where an EHC plan (EHCP) for a child or young person is made, amended or replaced, or any other decision is made against which an appeal may be brought under the Children and Families Act 2014, the person with the right to appeal has to be notified by the local authority. 

There is a two month window in which they can be notified of their right to appeal, starting from the date of the local authority’s decision letter, or a one month period starting from the date on the medication certificate (whichever period ends later).

How should mediation be used in a SEND tribunal?

Where a parent, carer or young person wishes to appeal to the SEND tribunal, there is an obligation to first consider mediation (unless the appeal concerns only the school or institution (or type of school or institution named in the EHCP (or the fact that no school or institution is named)). 

The mediation has to be conducted by an appropriate and independent person. The local authority is required to notify you of this and tell you how the right to mediation can be exercised. In most cases they will also ask you to obtain a medication certificate before you start an appeal to SENDIST. The right to mediate covers two areas: the right to mediate with the local NHS commissioning body in relation to health care issues, and the right to mediate with the local authority in relation to both education and social care issues.

Mediation must take place within 30 days of it being requested, and the child’s parent or young person must be informed of the date and place of the mediation at least five working days prior, unless they agree to shorter notice.

What can parents and young people appeal against?

Provided the requirements relating to mediation have been satisfied, a child’s parent or a young person may appeal to the SEND tribunal against:

1. A decision of a local authority not to secure an EHC needs assessment for a child or young person

2. A decision of a local authority, following an EHC needs assessment, that it is not necessary for special educational provision to be made for the child or young person in accordance with an EHCP

3. *Where an EHCP is maintained for the child or young person it is possible to appeal against the following areas:

   1. The child or young person’s special educational needs as specified in the EHCP

   2. The special educational provision stated in the EHCP

   3. The school or other institution named in the plan, or the type of school or other institution specified in the plan

   4. The fact that no school or other institution has been named in the EHCP

4.  A decision of a local authority not to secure a re-assessment of the needs of a child or young person

5.  A decision of a local authority not to secure the amendment or placement of an EHCP it maintains for the child or young person following a review or re-assessment 

6. A decision of a local authority to cease to maintain an EHCP.

*A child’s parent or a young person may appeal to SENDIST under number 3, above, when an EHCP is first finalised for the child or young person, and following an amendment or replacement of the EHCP.

What are the working documents for a SEND tribunal?

When it comes to appeals concerning the contents of an EHCP, it is the SEND tribunal’s practice to require the parties to produce a Wording Document in advance of the hearing of an appeal. The intention is that the parties should try to agree as much as possible through amending the EHCP, with a view to reducing the issues that need to be considered by the SEND tribunal.  

SENDIST is not obliged to use this document if it considers it to be unhelpful, nor is the SEND tribunal bound by any agreement that the  parties have reached. The SEND tribunal must - in the exercise of its jurisdiction - ensure that what the parties have agreed is lawful and appropriate.

Contact our education law specialists

This area of law can be confusing and worrying, but we can help. If you would like a no obligation conversation with a solicitor about your SEND tribunal appeal, please contact Thomas Emmett on 01245 453847 or email thomas.emmett@birkettlong.co.uk. 

Please note that to instruct us we will need all the documentation you have about your child so that we can properly consider your appeal.