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.

Once your appeal is registered, the Tribunal issues case directions setting deadlines for both sides, and the local authority has to respond in writing, setting out its own evidence and position.

What does the local authority have to do?

The local authority has to respond to the appeal and set out its evidence in support of its position. If you believe relevant material is being withheld, the Tribunal has the power to order that it be produced.

What are the evidence rules?

There are page limits on what each side can submit, currently up to 75 to 100 pages per party depending on the appeal type, alongside a separate core bundle, and specific formatting rules apply to expert reports and witness statements.

What's a working document?

  1. Before the hearing, both parties usually produce a shared statement
  2. It sets out where you agree and where you still disagree
  3. It states the specific wording changes each side wants to the plan
  4. This narrows down what the Tribunal actually has to decide on the day

Understanding what's actually expected of you at each stage, without a solicitor translating it, is one of the hardest parts of this process. SEND Assistant walks you through what's coming next and what it means for your case. Try SEND Assistant free.

Frequently asked questions

How soon after registering does the local authority have to respond?

Response deadlines are set out in the Tribunal's case directions, which vary by appeal type.

What if I disagree with something in the LA's response?

You can submit a counter-response addressing the specific points you disagree with.

Do I have to attend a hearing in person?

Some appeals, particularly refusal to assess, are decided on paperwork alone unless a hearing is specifically requested.

What if I can't meet an evidence deadline?

You can apply to the Tribunal for an extension, though this isn't guaranteed.

Is the working document legally binding?

No, it's a case management tool to focus the hearing, not a binding agreement in itself.

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.

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