Articles & Guides

Plain-English guides to the SEND Tribunal process, reviewed by a solicitor.

Appeals

Can I get legal aid for a SEND Tribunal appeal?

What level of legal aid is actually available for a SEND Tribunal appeal, what it covers, and what it doesn't.

2 min read
Assessment

Do you need a diagnosis for an EHC plan?

Why a formal diagnosis isn't a legal requirement for an EHC needs assessment or plan, and what actually matters instead.

3 min read
Evidence

Expert reports at the SEND Tribunal: what are the format rules?

The Tribunal's Practice Direction requirements for expert reports, including page limits and formatting.

2 min read
Plans & Provision

Can an EHC plan fund a place at an independent or specialist school?

The difference between Section 41 approved independent schools and other independent schools, and what that means for getting one named in an EHC plan.

3 min read
Appeals

Can you complain to the Ombudsman about a SEND issue?

When the Local Government and Social Care Ombudsman can look at a SEND complaint, and how that's different from a SEND Tribunal appeal.

2 min read
Assessment

How do you request an EHC needs assessment?

Who can ask a local authority for an EHC needs assessment, and what actually strengthens a request.

2 min read
Evidence

What evidence typically supports a SEND Tribunal appeal?

The general categories of evidence the SEND Tribunal considers, and where a general description like this stops being useful.

2 min read
Plans & Provision

Does moving to a new local authority affect an EHC plan?

What happens to an EHC plan when a family moves to a new local authority area, and what the new council has to do.

2 min read
Appeals

Disability discrimination claims vs EHCP appeals: what's the difference?

How disability discrimination claims and EHCP appeals differ at the SEND Tribunal, and why they're not always kept entirely separate.

2 min read
Assessment

Refusal to assess: what happens and how can you challenge it?

What a local authority has to explain when it refuses to carry out an EHC needs assessment, and how the appeal process works.

2 min read
Evidence

Witness statements at the SEND Tribunal: what are the format rules?

The Tribunal's requirements for witness statements, and why writing one isn't the same as building your case strategy.

2 min read
Plans & Provision

EOTAS: what is it, and how does it differ from home education?

What Education Otherwise Than At School actually means, and why it's legally different from Elective Home Education.

2 min read
Appeals

Do you have to pay if you lose a SEND Tribunal appeal?

The general 'no costs' rule at the SEND Tribunal, and the rare exceptions where a costs order can be made.

2 min read
Assessment

Refusal to issue an EHCP after assessment: what are your options?

What happens when an assessment goes ahead but the local authority decides a plan isn't necessary, and how to appeal that decision.

2 min read
Plans & Provision

Health and social care recommendations at the SEND Tribunal: what power does it actually have?

What the Tribunal can and can't do about the health and social care sections of an EHC plan, and why MM v Royal Borough of Greenwich matters.

2 min read
Appeals

Mediation and the mediation certificate: how does it work?

What mediation actually involves before a SEND Tribunal appeal, and when you don't need a certificate at all.

2 min read
Assessment

SEN Support before an EHC needs assessment: what should you know?

What SEN Support is, how it's funded, and why local authorities look at it before agreeing to an EHC needs assessment.

2 min read
Plans & Provision

Personal budgets and direct payments: how do they work?

How a personal budget can be managed, and what a local authority can and can't refuse to fund.

2 min read
Appeals

SEND Tribunal appeal deadlines: what are they?

The exact time limits for lodging a SEND Tribunal appeal, and what mediation does to that deadline.

2 min read
Assessment

The 6-week EHC assessment decision deadline: what is it?

How long a local authority has to decide whether to carry out an EHC needs assessment, and what happens to SEN support while you wait.

2 min read
Plans & Provision

Post-16 and the EHC plan: what changes, and what doesn't?

Whether an EHC plan ends at 16 or 18, who makes decisions after that point, and when a plan typically ends.

2 min read
Appeals

SEND Tribunal outcomes: what do the published statistics show?

What government statistics on SEND Tribunal appeals actually measure, and what they don't.

2 min read
Assessment

What can you do if you disagree with a draft EHC plan?

The comment and representation window before an EHC plan is finalised, and how it's different from appealing afterward.

2 min read
Plans & Provision

The EHC plan annual review process: what does it involve?

How often an EHC plan has to be reviewed, what can be changed, and what happens if the local authority says no.

2 min read
Appeals

What actually happens at a SEND Tribunal hearing?

What to expect on the day of a SEND Tribunal hearing, from paper versus oral hearings to how the panel reaches its decision.

2 min read
Assessment

What is an EHC plan?

What an Education, Health and Care plan actually is, what it legally has to contain, and how it differs from SEN Support at school.

3 min read
Plans & Provision

What can you do if your child's EHCP provision isn't being delivered?

Your legal position under Section 42 when a school isn't providing what's written in Section F, and how to escalate it.

3 min read
Appeals

What decisions can you appeal to the SEND Tribunal?

A clear list of the local authority decisions parents and young people can appeal, and which parts of an EHC plan the Tribunal can actually change.

3 min read
Assessment

What is the Local Offer?

What a council's Local Offer actually is, what it has to publish, and how it's different from an individual EHC plan.

2 min read
Appeals

What happens after you register a SEND appeal?

The stages between lodging your appeal and the hearing itself, including the local authority's response and the working document.

2 min read
Appeals

What is the SEND Tribunal?

What the SEND Tribunal actually is, how it's structured, and what kinds of cases it hears.

2 min read
Appeals

Who can help with a SEND Tribunal appeal, if you don't have a solicitor?

The free, independent support genuinely available to parents bringing a SEND Tribunal appeal without legal representation.

2 min read
Appeals

Why have SEND Tribunal appeals been rising?

The trend behind rising SEND Tribunal registrations over the past decade, and what's been linked to it.

2 min read
Access to Justice