Tribunal
The SEND tribunal is a legal body. It hears appeals against decisions made by local authorities about Education, Health and Care (EHC) needs assessments and EHC plans.
You can appeal to the tribunal if the local authority decides either:
- not to carry out an EHC needs assessment or re-assessment for your child
- not to draw up an EHC plan for your child, once they have done an assessment
- not to amend your child’s EHC plan after the annual review or re-assessment
- to cease to maintain your child’s EHC plan
You can also appeal if you disagree with what the local authority includes in your child’s EHC plan, such as:
- how they describe your child’s SEN
- what SEN provision is included for your child
The SEND tribunal also hears disability discrimination claims against schools (and against local authorities if the local authority is responsible for the school).
Further information:
- GOV.UK - SEND tribunal
- SEND Local Offer website - EHCP mediation and appeals
- IPSEA website - Appealing to the SEND tribunal
- IPSEA website - How to submit an appeal: general advice
- IPSEA website - What happens after I submit my appeal: registration and key forms
SEND tribunal extended appeals
From April 2018 to August 2021, the SEND tribunal national trial tested the extended powers of the First-tier Tribunal Special Education Needs and Disability (SEND) Tribunal to hear appeals and make non-binding recommendations about health and social care aspects of Education, Health and Care (EHC) plans, provided those appeals also include education elements.
An independent evaluation of the national trial found positive findings and on 20 July 2021, the Department for Education confirmed the extended powers given to the Tribunal will continue.
This gives you the right to request recommendations about the health and social care needs and provision specified in EHC plans when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.
It is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.
More information: GOV.UK - SEND tribunal: extended appeals