SEND tribunal process
Parents, carers and young people who wish to make an SEND appeal to the First-Tier Tribunal may only do so after they have contacted an independent mediation advisor and obtained a certificate. See SEND mediation process
This is regardless of whether it is about education and social care issues (section 54) or limited to health care issues (section 53). This is covered under section 55(3) of the Children and Families Act 2014.
What you can appeal about
Parents and young people can appeal to the tribunal about:
- the description of the child or young person's special educational needs in an education, health and care (EHC) plan
- the special educational provision specified in an EHC plan
- the school or other educational institution named in an EHC plan
- a decision by the council not to issue an EHC plan
- a decision by the council not to carry out a re-assessment for a child or young person who has an EHC plan
- a decision by the council not to amend an EHC plan following a review or re-assessment
- a decision by the council to cease to maintain an EHC plan
Parents and young people have 2 months to register a SEND appeal with the tribunal. This is measured from from the date the council sent the notice containing a decision that can be appealed or one month from the date of certificate issues following mediation or receiving mediation advice.
Decisions made by parents and young people not to use disagreement resolution services or mediation will not affect their right to appeal to the tribunal regarding the council decisions made around the EHC plan.
Tribunal powers
The tribunal has powers under the Children and Families Act 2014 to:
- dismiss appeals
- order the council to carry out an EHC assessment
- order the council to make or maintain an EHC plan
- amend or correct the existing EHC plan
In making decisions about the special educational provision specified in the EHC plan, the tribunal should consider the education and training outcomes specified in the EHC plan. They should consider whether the educational provision will enable and empower the child or young person to progress towards achieving their aspired outcomes.
Find out more
First-tier Tribunal (Special Educational Needs and Disability) – GOV.UK
Appeal an education, health and care (EHC) plan decision – GOV.UK
Extended appeals
Following a national trial, the government has extended the powers of the SEND tribunal to make non-binding recommendations about the health and social care aspects of education, health and care (EHC) plans.
The extended powers given to the SEND tribunal give you the right to request recommendations about the health and social care needs and provision specified in EHC plans. This is in addition to the educational aspects, when making a SEND appeal.
This allows you to raise all your concerns about an EHC plan in one place. It also means the tribunal will take a more holistic, person-centred view of the needs of the child or young person.
It is only possible for the tribunal to consider the health and, or social care aspects of the EHC plan where you are already making an appeal about the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.
Health and care recommendations
If the SEND tribunal makes a recommendation about health or social care elements of an EHC plan, this is non-binding. The council and, or health commissioner is generally expected to follow such recommendations, but they are not legally binding.
Where they are not followed, the reasons for not following them must be explained and set out in writing to you and to the Department for Education through the evaluators.
If they are not followed, you can complain to the:
- Local Government and Social Care Ombudsman (LGSCO)
- Parliamentary and Health Service Ombudsman (PHSO)
You can also seek to have the decision judicially (legally) reviewed.
Further information on the roles of these bodies can be found on their websites.
Find out more about the extended powers of the SEND tribunal – GOV.UK.