How we help Free legal guides, resources and template letters Education, Health and Care plans Appealing to the SEND Tribunal What if the educational part of my appeal settles before the hearing: will the Tribunal still consider the health and/or social care part of my appeal? At present this is still unclear. If the parties settle and wish to withdraw their case, they would need to prepare a consent order. The SEND Tribunal may not be willing to class the case as ‘finished’ where there are still issues outstanding.