How do I appeal to the SEND Tribunal?

The First-tier Tribunal (SEND) hears appeals against local authority decisions about EHC plans under section 51 of the Children and Families Act 2014. It is free, and legal aid is not available — but IPSEA, SOS!SEN, Contact and your local SENDIASS all provide free support.

The eight appealable decisions

• Refusal to carry out an EHC needs assessment, or to re-assess.
• Refusal to issue a plan after an assessment.
• The contents of section B (needs) or section F (provision).
• The school named in section I, or a failure to name one.
• Refusal to amend after a review or re-assessment.
• A decision to cease maintaining the plan.

You cannot appeal section A, or the health and social care sections directly — though the Tribunal's extended powers allow non-binding recommendations on those. Failures to implement an existing plan go to the Local Government and Social Care Ombudsman or judicial review instead.

Mediation, timing and evidence

For most appeals you must contact the council's mediation provider and either attend or obtain a mediation certificate, which must be issued within 30 days of contacting them. Appeals solely about the school named in section I are exempt. Because the two-month clock runs from the decision letter regardless, contact the mediator within days rather than weeks. Mediation is free and settles a good number of disputes outright.

After lodging, the council files its response within six weeks, you may reply within two, and case management directions fix the hearing — usually four to six months out, before a judge and two specialist members. Many cases settle before the hearing when the council makes a final offer.

Appeals are won on evidence. Gather an up-to-date school report on current needs and progress, an educational psychologist report (independent ones typically cost £800 to £1,500 and are often decisive because the council's is dated by hearing day), therapy reports where relevant, medical evidence, and material about the school you want named. On placement, the test in section 39 is whether your preferred school would be unsuitable, incompatible with the efficient education of others, or an inefficient use of resources — if none applies, the council must name it. Therapy needed to access education normally belongs in section F, and the Tribunal can order it.