If you are not in agreement with a decision that the Local Authority has made in relation to your (or your child’s) EHCP, you might be able to appeal against it to the SEND Tribunal. The First-tier Tribunal (Special Educational Needs and Disability) is part of a system of courts which will make a decision on appeals or claims regarding a child’s or young person’s Special Educational Needs or Disability.
When can you appeal?
If you are a young person over 16 years with SEND, or a parent/carer of a child with SEND under 16 years, you can appeal to the SEND Tribunal if your Local Authority:
- Refuses to carry out an assessment;
- Refuses to issue an EHC plan after an assessment;
- Refuses to amend an EHC plan following a review or re-assessment
- Decides to cease to maintain an EHC plan.
You can also appeal about some of the contents of an EHC plan, but not all parts. The sections you can appeal are:
- Section B: detailing the Special Educational Needs
- Section F: setting out the Special Educational Provision
- Section I: naming the school or other setting.
What do you need in order to appeal?
If you wish to lodge an appeal with the Tribunal then you must submit the following:
- An appeal form (which can be downloaded from the SEND Tribunal’s website);
- A Local Authority decision letter – this will state that you have two months in which to appeal from the date of this letter, and is usually the cover letter accompanying the final EHC plan;
- A mediation certificate (this is mandatory if you wish to appeal against an EHC-related decision, unless the dispute is simply about the naming of a school) – a mediation certificate can be obtained by contacting the number provided in the Local Authority’s decision letter. You can then appeal within one month of obtaining this certificate. Therefore, the mediation certificate can potentially extend your appeal deadline;
- If appealing against contents of an EHC plan, you require the most recent final EHC plan, complete with appendices;
- Your Grounds of Appeal (which detail your reasons for appealing the Local Authority’s decision)
Appeals to the SEND Tribunal usually take around 20 weeks. If the appeal is concerning a “phase transfer” e.g between primary and secondary school, the Tribunal Service will try to complete the process in the shorter time frame of around 12 weeks.
Appeals against a refusal to complete an EHC Needs Assessment are normally paper based, and can be completed quicker than 20 weeks.
All other types of appeal will usually result in an oral hearing heard by a Tribunal Panel, which the young person or parent/carer would normally attend.
Click on the link to find out more information direct from the SEND tribunal service.
SEND Tribunal videos
The video clips below also provide more information on tribunals and what to expect:
What are SEND tribunals?
What are SEND tribunal hearings?
Tribunal training Video from Eastern Region SENDIASS Partner
Help filling out an Appeal Form
For information and advice about your options moving forward you may wish to talk to a member of the SENDIAS Service team 01582 548156.
If you have sought advice and you would like further assistance with registering an appeal you may find the following instructional videos below useful.
Please note that these videos have been produced by one of our Eastern region SENDIAS services.
Eastern Region Partners video on how to complete form 35 appeal form.
Eastern Region Partners video on how to complete appeal form 35A.
Before you can lodge an appeal, you need to obtain a mediation certificate.
The exception is when you are appealing on section I: the named placement only.
Having a mediation meeting with the Local Authority can be useful. It can give you a greater understanding of why a decision was made, it may result in the decision being over turned, or you may be able to reach an alternative agreement that you are happy with.
Luton Council currently commission Kids SEND Mediation Service to deliver an independent mediation and disagreement resolution service. Mediation certificates are obtained by contacting them directly.
You do not need to have a mediation meeting with the Local Authority to get a certificate, but you must have had your rights to mediation explained to you by the Kids mediation service.
What do the Kids mediation service do?
For more detailed information on mediation, please visit the mediation section on our website.
You may be entitled to legal aid to help you through the appeal process.
Who else can support me?
Luton SENDIAS Service Officers are happy to support you through the appeal process. Please contact the service, and a member of the team will contact you to discuss further the support our team can offer 01582 548156 or email [email protected].
IPSEA Advice : IPSEA have trained Tribunal Caseworkers who are volunteers, that can provide individual support for families whose cases they take. This advice is free and specialist support can only be accessed by referral after booking an appointment. This service is only provided for parents that meet IPSEA’s criteria.
sossen : SOSSEN can offer free, independent and confidential information and advice via their telephone helpline for parents, carers and young people.