What decisions can you appeal to the SEND Tribunal?

You can appeal to the SEND Tribunal about a specific, limited list of local authority decisions, not every disagreement you have with them. The list covers refusals to assess or reassess, refusals to issue a plan, refusals to change one, decisions to stop a plan altogether, and the actual contents of certain sections once a plan exists.

Which decisions are appealable?

A parent, or a young person aged 16 to 25, can appeal:

1. A decision not to carry out an EHC needs assessment, or reassessment
2. A decision not to issue an EHC plan after an assessment has taken place
3. A decision not to amend a plan following a review or reassessment
4. A decision to stop maintaining a plan altogether
5. The contents of Section B (needs), Section F (provision), and Section I (placement), once a plan has been issued

Can the Tribunal look at health and social care too?

Yes, but differently. Following a National Trial that began in 2018 and has since been made permanent, the Tribunal can also make recommendations about the health and social care sections of a plan (Sections C, D, G, and H), where these are raised alongside an education-related appeal. Its powers here work differently to its powers over education, covered in a separate article.

What can't the Tribunal decide?

Complaints about how long something is taking, or disputes about a service outside the EHC plan, will usually fall outside the Tribunal's jurisdiction. These generally follow a different route, a formal complaint, or in some cases the Local Government Ombudsman.

Navigating a SEND Tribunal appeal without legal representation is genuinely difficult, and the local authority you're appealing against usually has professional support behind it. SEND Assistant is built for parents in exactly this position, helping you understand what's appealable, what isn't, and what comes next. Try SEND Assistant free.

Frequently asked questions

Can I appeal a decision I disagree with even if it's not on this list?

Not to the SEND Tribunal specifically. Other routes, like a formal complaint or the Ombudsman, may apply instead.

Can a young person appeal on their own behalf?

Yes, from age 16, decision-making rights, including the right to appeal, generally transfer from the parent to the young person, unless it's agreed they don't have capacity to make those decisions themselves.

What if the local authority hasn't sent a decision letter yet?

You need a formal decision before you can appeal. A delay past the statutory deadlines is a separate issue from the appeal itself, generally raised as a complaint rather than through the Tribunal.

Does appealing cost money?

There's no fee to lodge an appeal with the SEND Tribunal itself.

Can I appeal more than one decision at once?

Yes, appeals often cover several related grounds together, for example a refusal to assess alongside a request for specific provision.

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.