What actually happens at a SEND Tribunal hearing?

Some SEND Tribunal appeals are decided entirely on paperwork, without a hearing at all, others involve an oral hearing where both sides present their case to a panel, usually held remotely by video.

Do all appeals have an oral hearing?

No. Certain appeals, particularly refusals to assess, are decided on the papers submitted unless a hearing is specifically requested. Where an oral hearing does happen, it's normally conducted remotely rather than in person, though details are confirmed by the Tribunal ahead of time.

Who's actually in the room?

The panel usually consists of a judge and one or two specialist members with relevant experience, for example in education or health. The local authority's representative also attends, alongside you.

What actually happens during the hearing?

1. Both sides refer to the working document, the shared statement setting out where you agree and disagree, and the specific wording changes each side wants
2. Each side presents its evidence and may be asked questions by the panel
3. Witnesses, if any, may also be questioned

When do you find out the outcome?

The panel doesn't always give its decision on the day. It's common for the decision to be reserved and sent to both parties in writing afterward.

Knowing what's actually going to happen on the day takes a lot of the fear out of it. SEND Assistant helps you understand what to expect and how to prepare. Try SEND Assistant free.

Frequently asked questions

Do I have to attend the hearing in person?

Most oral hearings are conducted remotely, by video. You'll be told the format in advance.

Can I bring someone with me to a hearing?

Yes, you can bring a supporter, and in some cases someone can speak on your behalf, though the rules around this vary by circumstance.

What if I'm too anxious to speak at the hearing?

The panel is used to parents representing themselves without legal training, and case directions are there to help structure the process. Specific concerns can be raised with the Tribunal in advance.

How long does a typical hearing last?

This varies significantly depending on the complexity of the appeal and how much is genuinely in dispute.

Can the local authority change its position during the hearing?

Yes, sometimes appeals are partly or fully resolved during the hearing itself, if the local authority reconsiders its position.

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.