The general 'no costs' rule at the SEND Tribunal, and the rare exceptions where a costs order can be made.
No, in almost all cases. The general rule at the SEND Tribunal is "no costs," meaning appeals don't usually end with one side being ordered to pay the other's legal costs, whichever way the decision goes.
Yes. Unlike some other tribunals, where the losing side sometimes pays the winner's costs, the SEND Tribunal starts from the opposite assumption. Bringing or defending an appeal, on its own, isn't treated as something either side should be financially penalised for.
A costs order can be made, but only where a party has behaved unreasonably, not simply because they lost. Losing a weak case isn't itself unreasonable conduct, a party is generally entitled to defend or bring a case even if it doesn't succeed. In practice, costs orders at the SEND Tribunal are rare.
Examples include providing inaccurate evidence, pursuing an appeal based on claims known to be false, or persistently raising irrelevant issues. This is a genuinely high bar, not something triggered by an ordinary, good-faith disagreement.
Where the Tribunal does make one, it can cover costs "incidental to" the appeal, things directly tied to bringing or defending it, such as legal fees or the cost of a witness attending.
Worrying about a costs risk that, in practice, almost never applies can stop parents from appealing something they'd otherwise have a strong case on. SEND Assistant helps you understand what you're actually exposed to before you decide. Try SEND Assistant free.
Do I have to pay a fee just to register an appeal?
No, there's no fee to lodge or attend a SEND Tribunal appeal, separate from the costs question addressed here.
If I lose, do I get back money I've already spent, like on an expert report?
No, the "no costs" rule works both ways, you generally won't recover your own costs even if you win, and you generally won't be ordered to pay the other side's if you lose.
Can the local authority ask for a costs order against me?
Yes, either side can apply for one, but the Tribunal will only grant it in the limited unreasonable-conduct circumstances described above.
Does having a solicitor change the costs position?
No, the "no costs" starting point applies regardless of whether either side has legal representation.
Is this the same as the cost of getting professional reports for evidence?
No, that's a separate practical cost of preparing your case, distinct from the Tribunal's costs order rules covered here.
This article is for general information only and does not constitute legal advice. Access to Justice is not a law firm and cannot represent you.