Definition
The SEND Tribunal (formally, the First-tier Tribunal (Special Educational Needs and Disability)) is the independent judicial body that hears appeals against local authority decisions on EHC needs assessments, EHCP contents, school placement, ceasing of plans, and disability discrimination by schools.
In context for parents
Key checkpoints
- Independent judicial body hearing appeals against LA decisions on EHC assessments, EHCP contents, school placement, ceasing of plans, and disability discrimination.
- Right of appeal at Children and Families Act 2014, section 51.
- Two-month time limit from the decision (or one month from end of mediation, whichever is later).
- Tribunal hears the appeal "afresh": does not defer to the LA's view.
- HMCTS figures for 2024–25 put parent success rate above 95% of cases reaching a final decision.
The right of appeal is set out at section 51 of the Children and Families Act 2014. The grounds you can appeal: refusal to carry out an EHC needs assessment; refusal to issue an EHCP after assessment; the contents of Sections B, F, and I of a final or amended plan; refusal to amend an EHCP after an annual review; and a decision to cease to maintain an EHCP. Disability discrimination claims against schools are brought separately under the Equality Act 2010 (six-month time limit).
The time limit for an EHCP appeal is two months from the date of the decision, or one month from the end of mediation, whichever is later. Mediation must be considered before appeal on most grounds (s.55, s.56); the tribunal will check you have a mediation certificate.
The tribunal hears the appeal "afresh", meaning the panel (a judge plus one or two specialist members) does not defer to the LA's view. They look at the evidence as it stands at the hearing, not at the decision date. Tribunals run on the papers in straightforward cases (now common after the IPSEA-led 2024 procedural changes) or as remote video hearings, with in-person hearings reserved for complex matters. Most cases settle before the hearing; HMCTS figures for 2024–25 put the parent success rate at over 95% of cases that reach a final decision.
Costs do not follow the event: each side bears their own. Parents can self-represent (IPSEA, SOS!SEN and SENDIASS train and support hundreds of parents to do this each year), or use a solicitor or specialist advocate.
Related terms
The terms parents most often see alongside SEND Tribunal.
Refusal to Assess
A local authority's decision not to carry out an EHC needs assessment after a request. Parents have a statutory right to appeal a refusal to assess to the SEND Tribunal.
Refusal to Issue
A local authority's decision, after an EHC needs assessment, not to issue an EHCP. Parents have a statutory right to appeal this to the SEND Tribunal.
Section B (EHCP)
The section of an EHCP that describes the child's special educational needs. Section B must be specific and detailed. It sets the bar for what the provision in Section F must address.
Section F (EHCP)
The section of an EHCP that sets out the special educational provision the local authority must secure. Wording should be specific, quantified, and unambiguous (often called 'SMART').
Section I (EHCP)
The section of an EHCP naming the school or type of school the child will attend. Parents can request a specific school, and the LA must name it unless narrow legal grounds apply.
SEND Mediation
An optional independent meeting between the local authority and family to try to resolve an EHCP dispute without going to tribunal. Parents must consider mediation before appealing on most grounds.
Where parents ask about this
Parents usually find this page after a refusal letter, after a draft EHCP they cannot live with, or after the LA has indicated it will cease the plan at annual review. Searches include "how to appeal to SEND tribunal", "SEND tribunal evidence bundle", and "SEND tribunal hearing what to expect". A Beaakon SEND solicitor can take the appeal from working document through to hearing: drafting Section B/F amendments, instructing independent EP, SaLT, or OT evidence, negotiating with the LA, and representing you at the hearing if it does not settle first.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Children and Families Act 2014, sections 51 and 55–56
- Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
- Equality Act 2010, Schedule 17: disability discrimination claims procedure
- HM Courts & Tribunals Service (HMCTS): annual tribunal statistics
- IPSEA, SOS!SEN, SENDIASS: parent self-representation support