Appeals to the SEND Tribunal
We hope that we can resolve most issues by working with you. However, if you disagree with a decision we make, you can appeal to the SEND Tribunal.
A parent or young person can appeal:
- a decision not to complete an EHC needs assessment
- a decision not to issue an EHC plan following an assessment
- the content of an EHC plan:
- special educational needs (Section B)
- special educational provision (Section F)
- the placement (Section I)
- a decision not to re-assess the EHC plan
- a decision not to amend the plan following a review
- a decision to end the EHC plan
Mediation
You cannot register an appeal without a certificate to show that you have considered mediation. The exception to this is when your appeal is only around the setting named in the EHC plan.
Global Mediation provides the mediation advice service:
- Call: 0800 064 4488
- Email: sen@globalmediation.co.uk
- Visit the Global Mediation website
Appeal deadlines
Whichever date is later, you must register your appeal within:
- two months of the decision letter that you are appealing
- one month of the mediation certificate issued to you
Single route of redress
The SEND tribunal’s extended powers to consider health and social care elements of an EHC plan—where an educational appeal is already being made—continue beyond the end of the national trial in August 2021.
This allows families to raise concerns about all parts of an EHC plan in one place. The tribunal will only consider health and social care issues if the educational element of the appeal remains active throughout.
What this means for you?
Parents and young people can appeal if you are unhappy with:
- a decision not to issue an EHC plan
- the special educational content or placement in an EHC plan
You can also ask the tribunal to make recommendations about the plan’s health and social care sections at the same time, enabling a more holistic and person centred consideration of needs.
If you have other concerns beyond the EHC process, you can still use standard complaints procedures.
Independent SEND advice
If you would like impartial advice about SEND, you can contact Liaise.
- Call 0800 195 1635 (Freephone)
- Fill in the contact form
Following tribunal recommendations
The local authority and health commissioner are expected to follow the SEND tribunal's health or social care recommendations. However, they are not legally binding.
If the recommendations are not followed, they will write to you and the Department for Education to explain why.
If they are not followed, you can complain to:
- the Local Government and Social Care Ombudsman (LGSCO)
- the Parliamentary and Health Service Ombudsman (PHSO)
You may also seek to have the decision judicially reviewed.
How to request recommendations about an EHC plan?
You can request that the SEND Tribunal makes recommendations about the health and social care aspects of an EHC plan. It must be part of an appeal by a parent or young person relating to:
- a decision by the local authority not to issue an EHC plan
- a decision by the local authority not to carry out a re-assessment for a child or young person who has an EHC plan
- a decision by the local authority not to amend an EHC plan following a review or re-assessment
- a decision by the local authority to cease to maintain an EHC plan
- the description of the child or young person's special educational needs in an EHC plan
- the special educational provision specified in an EHC plan
- the school or other educational institution named in an EHC plan
To find out how to appeal an EHC plan decision on any of these grounds, visit the GOV.uk website.
For advice about appealing and the appeals form, read about the First-tier Tribunal.
