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Appeal to the SEND Tribunal

The First-tier Tribunal (Special Educational Needs and Disability), often called the SEND Tribunal, is independent of the council. It hears appeals about some council decisions on EHC needs assessments and plans. It makes its own decision on the evidence. A panel led by a judge decides, usually after a hearing. The council must carry out its orders within set times.

Who can use it: The parent of a child, or a young person (over compulsory school age) in their own name. If a young person lacks the mental capacity to decide to appeal, their deputy or attorney or, if they have none, their parent appeals for them. If a child's parent lacks that capacity, the parent's deputy or attorney acts. Schools and professionals cannot appeal, but they can give evidence. Time limit: The appeal must reach the Tribunal by 5pm on the last day. The last day is 2 months after the council sent its decision letter, or 1 month after the mediation certificate was issued, whichever is later. For an appeal only about section I, which needs no certificate, to be safe the last day is 2 months after the letter or plan was sent: whether a certificate moves it is not settled. If the last day falls between 25 December and 1 January (inclusive), or in August, the appeal is in time on the first working day after 1 January or 31 August. If it falls on another day that is not a working day, it moves to the next working day.

Needs a mediation certificate first
It depends on what the appeal is about.
Alongside other ways
You can appeal and, at the same time, keep talking to the council, complain about delay or how the case was handled, or go to the Ombudsman about things the Tribunal cannot deal with. The Ombudsman will not usually look at the decision that is being appealed. A disability discrimination claim against a school is a separate case and can run at the same time.
Cost
There is no fee to appeal. Each side normally pays its own costs: the Tribunal can order costs only in limited cases, such as when someone has acted unreasonably. Free help is available from charities, and means-tested legal aid (Legal Help) can cover advice and preparing the appeal.

What it can do, across all kinds of appeal

Which of these it can do depends on the decision appealed.

  • Order the council to carry out an assessment or re-assessment.
  • Order the council to make and maintain an EHC plan, or send the case back to the council to think again.
  • Order changes to the needs (B), provision (F) and school, college or type of placement (I) in a plan, including naming a school or college.
  • Order the council to name a different school, college or type of placement in section I, or to name one where none is named.
  • Order the council to keep maintaining a plan it decided to stop.
  • Make recommendations, which are not binding, about health and social care (see the extended appeal).
  • It can also dismiss the appeal, which leaves the council's decision in place.

What it can do for each decision

It can also dismiss the appeal, which leaves the council's decision in place.

What it cannot do

  • It cannot hear an appeal about section E (outcomes) on its own, or order changes to the health and social care sections.
  • It cannot deal with delay, how the council handled the case, or help in a plan not being given.
  • It cannot award compensation.
  • It does not enforce its own orders: that is done through complaints, the Ombudsman or judicial review.
  • There is no appeal against a draft plan.
Type of rule
Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.
Rule id
route.tribunal_appeal
Rules version
england-2026.10
Law as at
30 September 2026

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