What is the SEND Tribunal?

This is an independent national tribunal which decides appeals against local authority (LA) decisions about the special educational needs (SEN) of children and young people. It also hears claims of disability discrimination against any type of school, and maintained nursery schools. Its full name is The First-tier Tribunal (Special Educational Needs and Disability). 

You can appeal to the SEND Tribunal if you’re unhappy with a decision your LA has made in relation to an education, health and care (EHC) needs assessment or an EHC plan. There are no fees for making an appeal or a claim, and you may be eligible for legal aid to provide legal help in preparing your case. The SEND Tribunal has the power to order LAs to carry out EHC needs assessments, issue EHC plans, and amend existing EHC plans. Your LA must comply with orders made by the SEND Tribunal. If it is asked to do so, the SEND Tribunal can also make non-binding recommendations about health and social care. 

It is important to know there are deadlines for bringing an appeal to the SEND Tribunal. We explain these in detail on our page containing general advice about appealing. 

The SEND Tribunal makes decisions based on the law, which is made up of Part 3 of the Children and Families Act 2014, The Special Educational Needs and Disability Regulations 2014 and SEN and disability case law. Case law is the interpretation of the law by higher courts in judgments about previous SEN disputes. It is binding, meaning the SEND Tribunal (and your LA) must follow it. The SEND Tribunal must also have regard to the SEN and Disability Code of Practice (the Code). This is statutory guidance which advises schools and LAs on identifying and making provision for children with SEN. Because the Code is guidance, not law, the SEND Tribunal does not have to follow it to the letter, but it generally accepts the Code’s guidance in coming to its decisions. 

The SEND Tribunal will look at the evidence you and your LA put before it and decide whether your LA followed the law and the Code when making its decision. It will make a decision based on what is right for your child or young person at the date of the hearing.  

The SEND Tribunal produces a free booklet called How to Appeal, and other guidance forms which can all be accessed on its website. The SEND Tribunal has  also produced a set of videos which explain more about what appealing to the SEND Tribunal is like – these are available on YouTube or you can request a DVD from the SEND Tribunal. 

You can request copies of the booklet, any of the other forms, and the DVD by calling the SEND Tribunal helpline on 0300 303 5857; by emailing [email protected]; or by writing to: 

HMCTS - Special Educational Needs & Disability Tribunal 

1st Floor 

Darlington Magistrates Court 

Parkgate 

DL1 1RU 

Our pages on appealing about an EHC needs assessment or EHC plan contain more helpful information about when you can make an appeal.