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
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
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 extended powers given to the SEND tribunal to hear appeals and make non-binding recommendations about health and social care aspects of EHC plans, providing the appeals include educational elements, will continue.
The national trial ended as planned on 31 August 2021. The extended powers given to the SEND tribunal are continuing.
It allows parents and young people to raise all their concerns about an EHC plan in one place.
The Tribunal will only consider the health and social care aspects of the EHC plan where there is already an appeal about its educational aspects. The educational aspect must remain live throughout the appeal.
What does this mean?
As a parent or young person, you can appeal to the SEND Tribunal if you are unhappy with:
- a decision not to issue an EHC plan
- the special educational content or placement in an EHC plan
The extended powers allow you to request recommendations about the plan's health and social care content at the same time. It means that the tribunal will take a more holistic, person-centred view of needs.
You may still follow standard complaint routes if there are other aspects of your disagreement you would like to address.
If you would like impartial advice about SEND, you can contact Liaise.
- Call 0800 195 1635 (Freephone)
- Fill in the contact form
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.
