SEND Tribunal Appeals: How to Challenge Your Local Authority

Your local authority refused to assess, refused to issue an EHCP, or gave your child a plan that doesn’t meet their needs. You disagree — and the law is on your side. This guide walks you through the SEND Tribunal appeal process step by step, so you know exactly what to expect and how to prepare.

What Is the SEND Tribunal?

The First-tier Tribunal (Special Educational Needs and Disability), commonly known as the SEND Tribunal, is an independent court that resolves disagreements between parents and local authorities about EHCPs. It is free to use, and you do not need a solicitor — though many families choose to get legal advice.

The Tribunal can hear appeals about:

• A refusal to carry out an EHC needs assessment
• A refusal to issue an EHCP after assessment
• The content of an EHCP — specifically Sections B, F, and I (needs, provision, and placement)
• A decision to cease (end) an EHCP
• A refusal to amend an EHCP after an annual review
• Disability discrimination by a school (under the Equality Act 2010)

Before You Appeal: Mediation

Before you can register an appeal with the Tribunal, you must contact a mediation adviser. This is a legal requirement (except for appeals about school placement only, where mediation is optional).

You have two choices:

• Mediation— A trained mediator facilitates a meeting between you and the LA to try to resolve the disagreement. It’s free and confidential.
• Mediation certificate only— If you don’t want mediation, you can request a certificate confirming you were informed about it. This unlocks your right to appeal.

The mediation adviser must issue a certificate within 30 days. Once you have it, you have 2 monthsfrom the date of the LA’s decision (or 1 month from the mediation certificate, whichever is later) to register your appeal.

How to Register Your Appeal

Step 1: Gather Your Documents

Before submitting, collect:

• The LA’s decision letter (refusal or final EHCP)
• Your mediation certificate
• The current EHCP (if one exists)
• Professional reports — educational psychologist, speech and language therapist, occupational therapist, paediatrician
• School records showing SEN Support already provided
• Your own written evidence of your child’s needs

Step 2: Complete the Appeal Form

Appeals are submitted online through the HM Courts & Tribunals Servicewebsite. You’ll need to explain:

• What decision you are appealing
• Why you disagree with the LA’s decision
• What outcome you want (e.g., the LA should assess, issue an EHCP, change the provision, or name a different school)

Step 3: Submit and Wait

The Tribunal will acknowledge your appeal and send the case to the LA, who must respond within 30 working days. A hearing date is usually set within 20 weeks of registration.

Preparing a Strong Case

The Tribunal is an evidence-based process. The stronger your evidence, the better your chances. Here’s how to build a compelling case:

1. Get Independent Professional Reports

If the LA’s own professionals don’t support your view, consider commissioning independent assessments from:

• An independent educational psychologist
• A speech and language therapist
• An occupational therapist
• A specialist teacher (e.g., for autism, dyslexia, or visual impairment)

These reports should quantify your child’s needs and specify the provision required — in hours, frequency, and type.

2. Be Specific About Provision

Vague wording like “access to speech therapy” is not enforceable. Push for specific, quantified provision: “2 hours per week of direct 1:1 speech and language therapy delivered by a qualified SaLT.”

3. Keep a Diary

Document daily examples of how your child’s needs affect them at school and home. Real-world examples carry significant weight at Tribunal.

4. Know Your Law

The two key legal frameworks are the Children and Families Act 2014 and the SEND Code of Practice. Familiarise yourself with Chapters 9 and 11 of the Code of Practice, which cover EHC assessments and appeals.

What Happens at the Hearing?

Hearings typically last one day and can be held in person or remotely (by video). A panel of three people — a judge and two specialist members — will hear your case.

You can expect:

• Both sides present their evidence and call witnesses
• The panel asks questions to clarify points
• The atmosphere is less formal than a court — designed to be accessible to parents
• A decision is issued in writing, usually within 10 working days

The Tribunal’s decision is legally binding. If the Tribunal orders the LA to issue or amend an EHCP, the LA must comply within 5 weeks.

Where to Get Free Help

You don’t have to do this alone. Several organisations offer free support:

• IPSEA (Independent Provider of Special Education Advice) — free legal advice and Tribunal support
• SOS!SEN — parent-to-parent support and advice workshops
• SENDIASS (Special Educational Needs and Disabilities Information Advice and Support Service) — free, impartial advice in every local authority area
• Contact — support for families of disabled children
• Trisende — search 24,700+ SEND services and 59,000+ charities to find advocacy and legal support near you

How Trisende Helps

Navigating a Tribunal appeal is stressful, but having the right information makes all the difference. Trisende helps you:

• Find SEND advocacy services and legal advisers in your local authority
• Store and organise your child’s EHCP and supporting documents securely
• Use our AI-powered EHCP to ISP converter to future-proof your child’s plan
• Search 24,600+ schools by SEND specialism to identify the right placement for your appeal

Create your free Trisende account →