SEND tribunal

The First-tier Tribunal (Special Educational Needs and Disability) — known as the SEND Tribunal — hears appeals by parents and young people against decisions made by local authorities about EHC needs assessments, EHC plans, and disability discrimination in schools.

How the Tribunal works

The SEND Tribunal is an independent tribunal that sits within the Health, Education and Social Care Chamber. It is an evidence-based jurisdiction: the Tribunal examines the evidence put before it by both parties and decides whether the local authority's decision was correct in law.

A Tribunal panel typically consists of a legally qualified judge and one or more specialist members with expertise in special educational needs. Hearings are relatively informal in style, but the legal principles that apply are detailed and complex.

Preparing for the hearing

Preparation for a SEND Tribunal hearing involves gathering and organising evidence, instructing expert witnesses where appropriate, and preparing submissions on the law and the evidence. Both parties must exchange evidence in advance of the hearing in accordance with the Tribunal's directions.

Expert evidence from educational psychologists, speech and language therapists, and other specialists is often central to the outcome. I can advise on what expert evidence is needed and assist in identifying and instructing appropriate experts.

The local authority's position

Local authorities are frequently represented at SEND Tribunal hearings by barristers or specialist solicitors. An unrepresented parent faces a significant disadvantage in presenting their case against a legally qualified representative who knows the law and the Tribunal's approach. This does not mean that unrepresented parents cannot succeed, but legal representation materially improves the prospects of a good outcome.

Frequently asked questions

Yes. You can bring a supporter, friend, or supporter to the hearing. If you intend to bring a representative or witnesses, you must notify the Tribunal in advance by completing an attendance form.
The Tribunal will issue a written decision, usually within 10 working days of the hearing. The decision is legally binding on the local authority. If the decision is in your favour, the local authority must implement it within the timescales specified. If you believe the Tribunal made an error of law, an appeal to the Upper Tribunal may be available.
The SEND Tribunal upholds a significant proportion of appeals. The outcome in any individual case depends on the strength of the evidence, the legal grounds of appeal, and how the case is presented. I will give you an honest assessment of the prospects of your appeal before any decision is made about proceeding.