Support for children aged 0-25 with Special Educational Needs and Disabilities

SEND Tribunal

Parents/carers and young people can appeal to the SEND (Special Educational Needs and DisabilityDisabilityA physical or mental impairment that has a substantial and long-term negative effect on an individual’s ability to do normal daily activities.) Tribunal if they disagree with our decision in relation to an Education, Health and Care Plan (EHCP).

If we've done an Education, Health & Care (EHCEHCEducation, Health and Care) needs assessment, or there is disagreement with the findings, the SEND tribunal will hear an appeal as long as it is made within two months of the date on the decision letter. This can be extended by up to a month upon receipt of a mediation certificate.

If an appeal is to be made to a SEND tribunal, the parent/carer or young person will need to speak to a mediator and get advice from them about how to proceed.

An appeal can be made if we’ve:

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What can be appealed?

The contents appeal can be about any of:

  • The child’s special educational needs set out in Section B;
  • The special educational provision to meet those needs set out in Section F;
  • The school or other setting in Section I; and/or
  • If no school or other setting is named in Section I, that fact.

All of Sections B, F and I can be appealed. It is normally not advisable just to appeal Section I, as the SEND Tribunal will be considering whether the placement is able to meet the needs and provision set out in Sections B and F.

You also have the right to appeal against the health and social care sections of the EHC plan (sections C, D, G and H). However, to do this you must also be appealing at least one of the education sections, which are the sections relating to SEN, special educational provision and/or placement (sections, B, F and I).

This is now called an Extended Appeal. Please see the 'Single route of redress – SEND Tribunal Extended Powers' for more information.

For further information contact: HM Courts & Tribunal Service, Special Educational Needs & Disability Tribunal, 1st Floor, Darlington Magistrates' Court, Parkgate, Darlington DL1 1RU. Telephone 0300 3035857 or email send@justice.gov.uk

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