When a parent makes a SEND Tribunal appeal about their child, the local authority’s (LA) response to the appeal must include the views of the child about the issues raised by the appeal, or the reason the LA has not gathered the child’s views.

This is required under procedural rules about how appeals are managed by the SEND Tribunal (rule 21(2)(e)).

How LAs need to do this is set out in judicial guidance.

The LA must ask someone to help your child express their views who:

  • is trusted by your child and usually with whom they have an existing relationship, such as a teacher or social worker, and
  • understands how your child can best communicate effectively (whether through word, writing, electronic means, sign or drawing, for example).

If you are unhappy with how your LA plans to gather your child’s views, or how this has been done, you should raise it with the LA and remind them of what the judicial guidance says.