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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:

  • refused to do an EHCEHCEducation, Health and Care assessment
  • refused to provide an EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life. after the assessment
  • refused to reassess an existing EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life. that’s over six months old
  • decided not to change an existing EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life.
  • decided to make a change to the EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life. that you don’t agree with
  • decided to cease the EHCPEHCPA legal document that describes a child or young person's special educational, health and social care needs. It explains the extra help that will be given to meet those needs and how that help will support the child or young person to achieve what they want to in their life.
What can be appealed?
  • the description of the special educational needs in the EHCP
  • the special educational needs help that we've recommended in the EHCP
  • the school we've named in the EHCP
  • if we haven't named a school at all in the EHCP

If one of the above applies, changes can also be requested to the health and/or social care sections of the EHCP. 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 01325 289350 or email send@justice.gov.uk

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