Appeals

What is the SEND Tribunal?

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

The SEND Tribunal, formally the First-tier Tribunal (Special Educational Needs and Disability), is an independent judicial body that hears appeals against local authority decisions about EHC plans, along with disability discrimination claims in education.

Is it part of the local authority?

No, it's entirely independent of local authorities, schools, and colleges. It sits within the Health, Education and Social Care Chamber of the First-tier Tribunal, part of the wider courts and tribunals system in England.

Who decides the cases?

Appeals are heard by a panel, typically a judge and one or two specialist members with relevant experience, rather than a single decision-maker.

What kinds of cases does it hear?

  1. Appeals against a refusal to assess or reassess a child for an EHC plan
  2. Appeals against a refusal to issue a plan after assessment
  3. Appeals about the contents of an existing plan
  4. Disability discrimination claims against schools, colleges, or other education providers, covered separately here

Does it cost anything to use?

No, there's no fee to register or attend an appeal at the SEND Tribunal.

Knowing exactly what kind of body you're dealing with, and what it can and can't do, is a useful starting point before anything else. SEND Assistant helps you understand how the Tribunal fits into your specific situation. Try SEND Assistant free.

Frequently asked questions

Is the SEND Tribunal the same as a court?

It's a tribunal, not a court, though its decisions on educational provision are legally binding on the local authority.

Do I need a solicitor to use the SEND Tribunal?

No, it's designed to be usable without legal representation, many parents represent themselves.

Can the Tribunal order a local authority to change an EHC plan?

Yes, on the educational sections of a plan, its orders are legally binding.

Where are hearings actually held?

Most oral hearings are conducted remotely by video, some appeals are decided on paperwork alone.

Is the SEND Tribunal specific to England?

Yes, this Tribunal and the process described here applies to England.

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.

Access to Justice