Very occasionally the SEND Tribunal may give a decision orally at a hearing, but generally it provides you with the decision in writing later. Either way, the SEND Tribunal must provide the parties with:

• a decision notice stating the SEND Tribunal’s decision
• written reasons for the decision
• notification of any rights of review or appeal against the decision, and
• the time within which an application must be lodged,

as soon as reasonably practicable after the hearing.

Generally, you will receive the decision and reasons in writing within ten working days of the SEND Tribunal considering your case.  If you have not heard within 20 days, email the SEND Tribunal and ask when you might hear.

SEND Tribunal orders

The SEND Tribunal may decide to issue a short decision. This is likely to include:

• details of who attended  
• what applications were made at the beginning of the hearing  
• a very short background to the appeal  
• the list of legal issues the SEND Tribunal had to determine (for example, does the child require SALT, if so by whom and how often?), and
• a short explanation of what judges have relied on to arrive at decision (“we reached that conclusion because…”).

When the SEND Tribunal decides that the local authority (LA) needs to amend an EHC plan

In this situation, the SEND Tribunal may order the LA to issue an amended plan in the form of a working document enclosed with its decision. If there appears to be a mistake in the working document, you should write to the SEND Tribunal and ask it to correct this as an accidental slip or omission.

Alternatively, it may not order the LA to issue an amended plan in the form of a working document enclosed with its decision. Instead it may order the LA to amend the EHC plan in line with the list of issues contained in the order and its decision in relation to them. Please see our advice on what you can ask for in the hearing, should the Tribunal wish to make this order.

You will not have a right to appeal the contents of the final amended EHC plan issued following the SEND Tribunal’s decision. However, if you think changes need to be made to it you can see if there are grounds to appeal the SEND Tribunal’s decision (see below), or ask for changes at the next annual review (or ask for an early review if it is some time away).

When the SEND Tribunal orders the LA to do something

If the SEND Tribunal orders the LA to carry out an action (such as start an EHC needs assessment or issue an amended EHC plan), the LA must do so within the deadlines set out in Regulation 44 of the SEN and Disability Regulations 2014.

If the LA does not comply with these deadlines, you can take action. Please see our information on what action you can take if your LA does not comply with these deadlines

Appealing decisions           

If you are unhappy with the outcome of your appeal, in certain limited circumstances you can appeal the decision of the SEND Tribunal.

Comments on LA practice and policy

Sometimes decisions will comment on the LA’s wider practice or policies, and may suggest that the LA should review, and improve, its ways of working. If this happens in your appeal decision, you can write to the Director of Children’s Services and let them know of any such issues the SEND Tribunal noted.