Explain

SEND Tribunal (First-tier Tribunal)

The SEND Tribunal is the First-tier Tribunal (Special Educational Needs and Disability). It is independent of the council. It hears appeals by parents and young people against certain EHC decisions, and disability discrimination claims against schools. It can order the council to act, for example to assess, to make a plan, or to change Sections B, F or I. There is no fee to appeal, and each side normally pays its own costs.

An appeal must reach the tribunal within the time limit. The tribunal can accept a late appeal, but it does not have to, so a late appeal cannot be relied on. Means-tested legal aid (Legal Help) may cover advice in preparing an appeal. After a decision, either side can ask the tribunal to review it if circumstances relevant to the decision have changed, or ask for permission to appeal to the Upper Tribunal on a point of law. Each application must reach the tribunal within 28 days.

Type of rule

Law (Act or Regulations)

Rule id

send_tribunal

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Children and Families Act 2014, s 51(1)Law (Act or Regulations)
• SEND Regulations 2014, reg 43Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 10Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 20(4)Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 5(3)(a)Law (Act or Regulations)
• Equality Act 2010, Sch 17 para 3Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 48Law (Act or Regulations)
• Tribunal Procedure (First-tier Tribunal) (HESC Chamber) Rules 2008, r 46Law (Act or Regulations)
• Appeal to the SEND Tribunal (GOV.UK)Official guidance
• Check if you can get legal aid (GOV.UK)Official guidance

Related

• Decisions that can be appealed to the SEND Tribunal
• The time limit to appeal
• Mediation adviser and mediation certificate
• Health and social care recommendations (extended appeals)
• Working document (tribunal appeals)
• Tribunal orders and the time limits to follow them

In an assistant, the ehcp_challenge_options tool helps with this: Ways to challenge a decision.

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