SEND Tribunal Appeals in England: A Parent-Friendly Guide to EHCP Disputes, Deadlines and Evidence
SEND Tribunal Appeals in England: A Parent-Friendly Guide
EHCP disputes, deadlines, and evidence — step by step, without the legal jargon
If You're Here, You're Not Alone
If you're reading this, you may have received a decision from your local authority that doesn't feel right — and you're wondering what you can do about it. Maybe they've refused to assess your child, or the EHCP they've issued doesn't match your child's needs. Maybe you're overwhelmed by timelines and paperwork.
You're not alone. Thousands of families navigate the SEND Tribunal each year, and while the process can feel daunting, it's designed to be accessible — even without legal representation.
This Is Information, Not Legal Advice
This guide explains how the SEND Tribunal works and what families commonly experience. It's not legal advice. For guidance on your specific situation, speak to SENDIASS or a specialist adviser. Our priority is helping you feel informed, not overwhelmed.
For an introduction to the SEND system and the SEND Code of Practice, see our guide on what the SEND Code of Practice means for parents.
What the SEND Tribunal Is (and Isn't)
The SEND Tribunal (formally the First-tier Tribunal: Special Educational Needs and Disability) is an independent legal route where parents, carers, and young people (aged 16–25) can challenge certain local authority decisions about EHC needs assessments and EHCPs.
It also hears disability discrimination claims against schools — though these follow a separate process with different rules and timescales.
What the Tribunal Can Decide
- Whether the LA should carry out an EHC needs assessment
- Whether the LA should issue an EHCP
- The contents of Sections B (needs), F (provision), and I (placement)
- Whether to require the LA to reassess or amend a plan
- Whether the LA can cease maintaining a plan
What the Tribunal Can Only Recommend
The tribunal's powers over health and social care provision (Sections C, D, G, H) are limited. It can make recommendations, but these are non-binding — meaning health and social care bodies aren't legally required to follow them.
Important distinction: Educational provision orders are binding. Health and social care recommendations are not. This means some families may get binding changes to Section F but only advisory comments on health support.
Which Decisions You Can Appeal
Not every disagreement can go to tribunal. Here are the main appealable decisions:
Refusal to Assess
If the LA refuses to carry out an EHC needs assessment, you can appeal. You'll need to show evidence of needs and that the school's support (SEN Support) hasn't been enough.
Refusal to Issue an EHCP
If an assessment happened but the LA decided not to issue a plan, you can challenge that decision.
EHCP Contents (Sections B, F, I)
You can appeal if:
- Section B (needs) doesn't accurately describe your child's difficulties
- Section F (provision) is vague, insufficient, or doesn't match the needs
- Section I (placement) names the wrong school or type of setting
Ceasing to Maintain a Plan
If the LA decides to stop maintaining your child's EHCP, you have a right to appeal.
Disability Discrimination Claims
These are separate from EHCP appeals. If you believe a school has discriminated against your disabled child, you can make a claim — but the deadline is six months from the alleged discrimination, and the process differs from EHC appeals.
For more on placement decisions, see our guide on SEN school vs mainstream: how families think it through.
The Two Deadlines That Catch Families Out
Critical Deadlines
2 Months from Decision Letter
You have two months from the date on the LA's decision letter to register your appeal.
1 Month from Mediation Certificate
If you contact mediation services, you have one month from the certificate date — whichever is later.
If You're Late: What "Good Reasons" Might Look Like
The tribunal can accept late appeals if you have a good reason. Examples that tribunals have accepted include:
- Serious illness (yours or your child's)
- Significant family crisis
- Only just discovered information that changes the situation
- Genuine confusion about deadlines due to unclear LA communications
However, this isn't guaranteed. If you're close to missing a deadline, it's usually better to register the appeal and explain later than to miss it entirely.
Mediation: What It Is and What It Isn't
Before registering most appeals, you must contact a mediation adviser. This is a legal requirement — but it doesn't mean you have to attend mediation.
The Mediation Certificate
When you contact the mediation service, they'll offer you the choice to proceed with mediation or simply receive a mediation certificate. You need this certificate to register your appeal (except for appeals solely about school placement).
Key point: You must contact the mediation service, but you don't have to attend mediation itself. If you decline, they issue the certificate within 3 working days.
When Mediation Can Help
- When there's genuine room for discussion and compromise
- When the LA sends someone with decision-making authority
- When both parties are willing to find middle ground
- For disputes where the issues are relatively straightforward
When It Can Feel Like a Hurdle
Some families find mediation frustrating when:
- The LA representative can't actually make binding decisions
- The fundamental disagreement is too significant to resolve informally
- It feels like a delaying tactic rather than genuine engagement
If mediation doesn't resolve things, you still have your right to appeal — and the mediation certificate extends your deadline.
What Makes a Strong Appeal: Evidence That Matches Needs to Provision
The tribunal looks at evidence. Strong appeals connect your child's needs to the provision required — clearly and specifically.
Types of Evidence
Professional Reports
EP, SALT, OT, CAMHS — any specialist who has assessed your child and can describe needs and recommended provision.
School Evidence
Support plans, IEPs, behaviour logs, attendance data, exclusion letters, examples of work, teacher observations.
Parent Evidence
Your observations of daily impact, patterns over time, what helps, what doesn't, and what you see that school may not.
Child/Young Person Voice
Tribunals value hearing from the child or young person themselves — in an age-appropriate way. This might be:
- A written statement (in their own words or with support)
- A video or audio recording
- Drawings or other creative expressions
- A summary of their views prepared by someone who knows them
The key is authenticity — reflecting what your child actually thinks and feels, not what adults think they should say.
EHCP Quality Check: Four Problems Tribunals Often See
Common EHCP Weaknesses
Vague Provision
"Access to speech therapy" isn't enough. Good Section F wording states what, how much, how often, and by whom.
Non-Measurable Outcomes
Outcomes should be SMART — specific, measurable, achievable, relevant, and time-bound.
Needs Not Clearly Described
Section B should be detailed and evidence-based, not generic or vague.
Missing Links
There should be a clear thread from needs → outcomes → provision. If a need is identified, provision must address it.
These aren't obscure technicalities — they're the reasons tribunals find against local authorities in the vast majority of cases that go to hearing.
What Happens at the Hearing
Most SEND Tribunal hearings are now held virtually via video conference. Face-to-face hearings are available when necessary.
Typical Hearing Structure
Introduction
The judge introduces the panel (usually a judge plus specialist members), explains procedures, and outlines the issues to be decided.
Systematic Review
The panel works through disputed issues one by one, often using a "working document" that tracks agreed and disagreed points.
Evidence and Questions
Both parties present views, witnesses give evidence, and everyone has the opportunity to ask questions. The panel may ask clarifying questions too.
Decision (in Writing)
No decision on the day. The tribunal sends a written decision typically within 10 working days after the hearing.
What It Feels Like (and How to Prepare Emotionally)
Hearings can be emotionally intense. Many parents describe feeling nervous but also relieved to finally be heard. Some tips:
- Prepare what you want to say, but know you can refer to notes
- Have someone supportive with you (virtually or in person)
- Take breaks if you need them — the tribunal understands
- Remember: the tribunal is assessing the LA's decision, not judging you
Outcomes: What the Decision Can Change
If the tribunal finds in your favour, it can order the LA to take specific action within statutory timescales:
- Begin an assessment: within 4 weeks
- Issue a new EHCP: within 5 weeks
- Amend an existing EHCP: within 5 weeks
- Amend the school named: within 2 weeks
- Continue or cease maintaining: immediately
These orders are legally binding. If the LA doesn't comply, there are enforcement routes — though they require further action.
Costs: What's Free and What Can Get Expensive
Understanding the Costs
Tribunal Itself
Free. No fee to register or attend a hearing.
Private Reports
Can cost £500–£2,000+ per professional assessment (EP, SALT, OT).
Legal Advice
Optional. Legal aid covers some prep work; representation can cost £5,000–£20,000+.
Legal Aid Basics
Legal aid is available in limited circumstances:
- Generally covers: Case preparation, gathering evidence, drafting submissions
- Generally doesn't cover: Representation at the hearing itself
- Eligibility depends on financial circumstances and case type
Pro Bono and Charity Support
- IPSEA — template letters, advice line, and limited representation in some cases
- SOS!SEN — similar free support and guidance
- Some law firms arrange pro bono barristers for complex cases
Getting Support: SENDIASS and Trusted Organisations
Every local authority must provide a SENDIASS (Special Educational Needs and Disabilities Information, Advice and Support Service). This free, confidential service is intended to be impartial — even though it's locally funded.
What SENDIASS Can Do
- Explain the tribunal process in plain English
- Help you understand your rights and options
- Support you to prepare for meetings and hearings
- Signpost to other services and resources
Other Trusted Sources
- IPSEA — Independent legal advice for SEND
- Contact — Support for families with disabled children
- Council for Disabled Children — Policy and guidance resources
- Your local parent carer forum — Peer support from families who understand
If Your Child Is Out of School or Struggling Right Now
Tribunal processes can take months. During that time, your child's situation may be difficult — they may be out of school, struggling to attend, or in an unsuitable placement.
Documenting Impact Safely
Keep records of what you're seeing, but focus on impact rather than blame:
- Attendance patterns and what's preventing attendance
- Signs of distress, anxiety, or dysregulation
- What support has been requested and what's actually in place
- Any exclusions or reduced timetables
Asking for Interim Support
While waiting for a tribunal outcome, you can ask the LA and school what can be put in place now. This might include:
- A reduced timetable with agreed support
- Additional TA time or specialist input
- Alternative arrangements (e.g., alternative provision days)
- EOTAS (Education Other Than At School) if appropriate
The LA may not agree — but documenting your requests and their responses is useful evidence.
For more on alternative provision and transitions, see our guide on alternative provision options.
Common Misconceptions
Myths vs Reality
"Tribunal is only for 'difficult' parents."
RealityThe tribunal is a lawful route designed to be accessible to families. Using it doesn't make you difficult — it makes you informed about your rights.
"You need a solicitor to stand a chance."
RealityMany parents self-represent successfully. Strong evidence and clarity matter most. The tribunal is designed to be accessible without legal representation.
"If the school is trying hard, you can't appeal."
RealityAppeals are about whether the LA's decision and plan are lawful and adequate, not about whether individuals care. Good intentions don't override legal requirements.
"EHCP wording doesn't really matter."
RealityVague provision is hard to enforce. "Access to" or "regular input" doesn't tell anyone what must actually happen. Specificity is a core issue in many disputes.
What Reforms Are Being Discussed
The SEND system in England is under significant pressure. Major reforms were expected in 2025 but have been delayed into 2026.
Why This Matters for Families
Until reforms are confirmed, the current legal framework — including tribunal rights — remains in place. Families considering appeals should proceed based on current law, not speculation about future changes.
What Campaigners Focus On
Many disability charities and parent groups emphasise the importance of protecting appeal rights. The tribunal provides independent oversight — a check on local authority decisions that, statistically, very often favour families when cases reach a hearing.
System Pressure: The SEND Tribunal is experiencing significant delays due to high demand. Waiting times from registration to hearing can be 20–50 weeks for standard appeals. This is frustrating but doesn't affect your right to appeal.
Gentle Next Steps: A Calm Checklist
First 48 Hours
Check the date on the decision letter. Contact the mediation service to get your certificate. Reach out to SENDIASS for guidance.
First 2 Weeks
Gather key evidence (reports, school documents). Start a parent statement noting daily impact. Consider whether mediation might help.
When to Seek Advice
If the issues are complex, funding is significant, or you feel overwhelmed — contact IPSEA, a specialist solicitor, or your local parent forum.
Parent Evidence Checklist
- Copy of the LA decision letter (note the date)
- Current EHCP or refusal letter
- Professional reports (EP, SALT, OT, CAMHS, etc.)
- School support plans, IEPs, behaviour logs
- Attendance and exclusion records
- Your written observations of impact at home
- Your child's views (in whatever form works for them)
- Correspondence with LA and school (keep copies of everything)
How Changing Lives SEN Approaches Support
🐴 A Stable Environment During Uncertainty
We understand how stressful this period can be for families. Our priority is providing stability and safety for young people — whether they're in crisis, transitioning between settings, or waiting for formal processes to resolve. Learn more about our admissions and referrals process or our approach to safeguarding and wellbeing.
Through Horses
Education using equine-assisted activities within robust planning
Through Dogs
Engagement and routine through canine-assisted learning
Transitions
Careful, planned moves supporting children through change
If you'd like to explore whether we might be a good fit while formal processes are ongoing, please make an enquiry for a calm, no-pressure chat.
Frequently Asked Questions
Common questions about SEND Tribunal appeals, deadlines, and evidence.
The SEND Tribunal (First-tier Tribunal: Special Educational Needs and Disability) is an independent legal route where parents/carers and young people (16–25) can appeal certain local authority decisions about EHC needs assessments and EHCPs. It also hears disability discrimination claims against schools under a separate process.
You can usually appeal decisions such as: refusing to carry out an EHC needs assessment, refusing to issue an EHCP after assessment, refusing to reassess, refusing to amend after review, the contents of key EHCP sections (for example needs, provision and placement), and decisions to cease maintaining an EHCP. Disability discrimination claims follow different rules and time limits.
In most EHCP-related appeals you must contact a mediation adviser and obtain a mediation certificate before you can register an appeal, but you are not always required to attend mediation itself. The certificate is used to show you have considered mediation.
A common deadline is two months from the date on the local authority decision letter, or one month from the date on your mediation certificate – whichever is later. If you think you are out of time, you may be able to request an extension, but you will need to explain the reasons clearly.
Useful evidence often includes professional reports (for example educational psychology, speech and language therapy, occupational therapy), school documents (plans, support records, attendance, behaviour logs, examples of work), and a clear parent statement describing day-to-day impact over time. It also helps to show the child or young person's views in a respectful, age-appropriate way.
It means the plan should set out support in a clear, enforceable way – for example what will be provided, how often, for how long, by whom, and in what setting. Vague phrases like "access to" or "regular input" can be difficult to rely on because they do not tell you what must actually happen.
A tribunal hearing is usually led by a judge and may include specialist panel members. The tribunal works through the disputed issues, considers evidence, and allows questions. Many hearings are held by video. Decisions are normally issued in writing after the hearing rather than on the day.
In many cases the tribunal can decide matters relating to placement and can order changes to the school or type of setting named in the EHCP (Section I). Appeals about placement often depend on evidence about needs, suitability and practical arrangements.
If your child is struggling, it can help to document what you are seeing (attendance, distress, exclusions, unmet needs) and to ask the school and local authority what support can be put in place now. Some families also seek advice from SENDIASS or other trusted support services about interim steps.
An EHCP appeal challenges certain local authority decisions about assessment, the EHCP content and placement. A disability discrimination claim is about whether a school has discriminated and whether reasonable adjustments were made. The tribunal's powers and deadlines differ, and compensation is not typically awarded through the SEND Tribunal for discrimination claims.
Questions About SEN Support or Provision?
If you'd like to talk about your child's needs, explore whether we might be a good fit, or simply ask questions — our team is here. No pressure, no jargon, just honest conversations.
