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Appealing to the SEN and Disability Tribunal

We understand how disappointing it can be when we make a decision that you do not agree with. If this happens, the first thing to do is to talk to your EHC needs co-ordinator and let them know how you are feeling. They will listen to you and they can explain why the decision was made. 

Why might we make a decision that you do not agree with?

Evidence 

As an EHCP is a legal document, it has to be evidenced based. We cannot make decisions such as adding or removing needs or provision from the EHCP unless there is relevant and appropriate evidence (usually from a professional) to back this up. If you have asked for an EHC needs assessment or something else like provision or needs in the EHCP to be changed, and this has been declined, the first thing to think about is what evidence you provided us to enable us to make this decision and whether you are able to provide us with any further evidence.  

Balancing responsibilities 

As a Local Authority, we have many different duties and responsibilities to the people living in Hampshire. One of the important duties we have is how we use public money. We will not fund a more expensive placement if we have an appropriate alternative offer that is both suitable and less expensive. All children have an entitlement to a suitable education in law. You must have evidence that our choice of school is not suitable for us to agree to fund a more expensive placement.  

National Lack of provision 

Many families are currently waiting longer than they should for specialist school places. We understand how difficult this can be for your child and your family. 

We are working to increase the number of places available, including opening new schools and developing new provision, to meet the growing need across Hampshire. 

In some situations, the law allows the local authority to direct certain types of SEN schools to admit a child, even if the school does not feel it can meet their needs. However, this is only used as a last resort. 

We are very careful about using this power. Many of the children who attend these schools have complex needs, and schools need to have the right space, staffing, and support in place to provide a safe and suitable education for everyone. If a school is already over capacity, placing additional pressure on it may affect the support available to all children there. 

In practice, this means that directing a school is not always straightforward, and it will only be considered when all other options have been fully explored. 

The SEND Tribunal is an independent legal body that considers disagreements between parents/carers and the local authority about:

  • Whether a child needs an Education, Health and Care (EHC) assessment (formally known as a refusal to assess)
  • Whether an Education, Health and Care Plan (EHCP) should be issued (formally known as a refusal to issue)
  • What needs should be in the EHCP in Section B (the child’s needs) and Section F (the provision that is needed to meet the needs in Section B)
  • Which school or placement is named (Section I) 
  • The SEND tribunal can make non-binding recommendations about social care provision and health provision as well. 

Non-binding means that something is not a legal requirement. It can’t be enforced in court. 

The Tribunal looks at evidence from both sides and makes a decision about what is right for your child.  

  • It is designed to be accessible and less formal than a court of law
  • You do not need a solicitor to take part
  • There is no cost to bring an appeal  

In Hampshire most cases are resolved before reaching a hearing. This is when families and the local authority come to an agreement and decide not to continue to a hearing. 

👉 This means that keeping communication open can often lead to a resolution without needing a full tribunal hearing. 

The SEND Tribunal is an independent legal body that considers disagreements between parents/carers and the local authority about:

  • Whether a child needs an Education, Health and Care (EHC) assessment (formally known as a refusal to assess)
  • Whether an Education, Health and Care Plan (EHCP) should be issued (formally known as a refusal to issue)
  • What needs should be in the EHCP in Section B (the child’s needs) and Section F (the provision that is needed to meet the needs in Section B)
  • Which school or placement is named (Section I) 
  • The SEND tribunal can make non-binding recommendations about social care provision and health provision as well. 

Non-binding means that something is not a legal requirement. It can’t be enforced in court. 

The Tribunal looks at evidence from both sides and makes a decision about what is right for your child.  

  • It is designed to be accessible and less formal than a court of law
  • You do not need a solicitor to take part
  • There is no cost to bring an appeal  

In Hampshire most cases are resolved before reaching a hearing. This is when families and the local authority come to an agreement and decide not to continue to a hearing. 

👉 This means that keeping communication open can often lead to a resolution without needing a full tribunal hearing. 

The First-tier Tribunal (SEN and Disability) is an independent body that hears parents’ appeals against local authority’s decisions on EHC needs assessments and EHC plans. The Tribunal is made up of three people, one of whom will chair the meeting and he or she will be a judge who is an expert in the field of education and SEN. The other two will have experience of special educational needs and local government and be an expert in the field of health and / or social care.

You can attend the Tribunal with a friend or family member to support you or you can ask Hampshire SENDIASS for help. You can also ask professionals who know your child to provide witness statements to support as evidence. They only need to attend as witnesses if they need to explain things in their report to the judge or the judge asks them to be present so they can ask questions.

The most important thing to keep in mind is that this is an evidence driven process. 

Tribunals are held online unless you specifically ask for an in person hearing. If you request an in person hearing, you maybe required to travel to London or in some cases, a more local venue if one is available. It can take around a year for the SEND tribunal to have the capacity to hear your case. 

Guide to lodging an appeal

The First-tier Tribunal (SEN and Disability) is an independent body that hears parents’ appeals against local authority’s decisions on EHC needs assessments and EHC plans. The Tribunal is made up of three people, one of whom will chair the meeting and he or she will be a judge who is an expert in the field of education and SEN. The other two will have experience of special educational needs and local government and be an expert in the field of health and / or social care.

You can attend the Tribunal with a friend or family member to support you or you can ask Hampshire SENDIASS for help. You can also ask professionals who know your child to provide witness statements to support as evidence. They only need to attend as witnesses if they need to explain things in their report to the judge or the judge asks them to be present so they can ask questions.

The most important thing to keep in mind is that this is an evidence driven process. 

Tribunals are held online unless you specifically ask for an in person hearing. If you request an in person hearing, you maybe required to travel to London or in some cases, a more local venue if one is available. It can take around a year for the SEND tribunal to have the capacity to hear your case. 

Guide to lodging an appeal

You have the right to appeal if you are dissatisfied with any of the following decisions or actions:

  • We decide not to carry out an EHC needs assessment requested by you or the early education setting, school or college
  • Following the EHC needs assessment, we decide not to issue a EHC plan
  • You remain dissatisfied with the special educational needs identified, the provision specified or the school placement named in the final EHC plan
  • We don’t name a school in Section I
  • We refuse your request to substitute the name of a different state funded school or college for the name of the school or college already recorded in Section I of the EHC plan
  • We amend the EHC plan
  • We decide to cease to maintain the EHC plan
  • We refuse your request for a further assessment
  • We decide not to change the EHC plan after a further assessment or an Annual Review.

Your appeal must be made within two months of the date that the Local Authority informs you about it's decision.

You have the right to appeal if you are dissatisfied with any of the following decisions or actions:

  • We decide not to carry out an EHC needs assessment requested by you or the early education setting, school or college
  • Following the EHC needs assessment, we decide not to issue a EHC plan
  • You remain dissatisfied with the special educational needs identified, the provision specified or the school placement named in the final EHC plan
  • We don’t name a school in Section I
  • We refuse your request to substitute the name of a different state funded school or college for the name of the school or college already recorded in Section I of the EHC plan
  • We amend the EHC plan
  • We decide to cease to maintain the EHC plan
  • We refuse your request for a further assessment
  • We decide not to change the EHC plan after a further assessment or an Annual Review.

Your appeal must be made within two months of the date that the Local Authority informs you about it's decision.

Before making an appeal you must demonstrate that you have considered mediation with the local authority by contacting the mediation service. They will be able to give you a certificate to show you have done so.

Your right to make an appeal is not affected by involvement in mediation. You can appeal without a mediation certificate only if your appeal relates to the type, or name of school or institution specified in the EHC plan.

Your appeal must be made within two months of the date that the Local Authority informs you about it's decision. Extra time may be allowed for your appeal depending on the involvement of the mediation service.

Before making an appeal you must demonstrate that you have considered mediation with the local authority by contacting the mediation service. They will be able to give you a certificate to show you have done so.

Your right to make an appeal is not affected by involvement in mediation. You can appeal without a mediation certificate only if your appeal relates to the type, or name of school or institution specified in the EHC plan.

Your appeal must be made within two months of the date that the Local Authority informs you about it's decision. Extra time may be allowed for your appeal depending on the involvement of the mediation service.

Waiting for a tribunal can feel frustrating, especially if you feel your child needs support now. With tribunals in many cases taking over a year to be heard it is important that you continue to work with us while you are waiting. This can mean: 

Stay in regular contact with your EHC needs co-ordinator 

      • Share updates about your child’s needs 
      • Let us know if there are major changes at school like exclusions or part-time timetables
      • Continue to work with the LA and the school 

👉 We are committed to working with you to find solutions wherever possible. 

Share with your EHC needs co-ordinator any information you gather as you as you get it 

This might include:

  • School reports
  • Professional advice (e.g. speech and language, CAMHS, EP reports)
  • The results of any tests 

This will help us have a clear understanding of the case and make it more likely that we will be able to agree aspects of your case before tribunal and make it easier to narrow down issues in dispute where possible. 

Focus on your child’s current support 

Even if you have not got the school that you want and you are worried that they might not be able to meet your child’s needs, we urge you to speak to the school and see what they can offer. If the school need more help from us to be able to meet your child’s needs as stated in their EHCP and they can evidence this, they need to speak to us. 

Practical tips

  • Ask for regular meetings with the SENCO so you can be involved in planning SEN support.
  • Work with the school and ask what reasonable adjustments they could make under the Equality Act 2010 (e.g. timetable adjustments, quieter spaces, communication approaches) that you think would make things easier for your child. 

👉 Schools and local authorities have a duty to work together to support your child, and your voice is an important part of this. 

Waiting for a tribunal can feel frustrating, especially if you feel your child needs support now. With tribunals in many cases taking over a year to be heard it is important that you continue to work with us while you are waiting. This can mean: 

Stay in regular contact with your EHC needs co-ordinator 

      • Share updates about your child’s needs 
      • Let us know if there are major changes at school like exclusions or part-time timetables
      • Continue to work with the LA and the school 

👉 We are committed to working with you to find solutions wherever possible. 

Share with your EHC needs co-ordinator any information you gather as you as you get it 

This might include:

  • School reports
  • Professional advice (e.g. speech and language, CAMHS, EP reports)
  • The results of any tests 

This will help us have a clear understanding of the case and make it more likely that we will be able to agree aspects of your case before tribunal and make it easier to narrow down issues in dispute where possible. 

Focus on your child’s current support 

Even if you have not got the school that you want and you are worried that they might not be able to meet your child’s needs, we urge you to speak to the school and see what they can offer. If the school need more help from us to be able to meet your child’s needs as stated in their EHCP and they can evidence this, they need to speak to us. 

Practical tips

  • Ask for regular meetings with the SENCO so you can be involved in planning SEN support.
  • Work with the school and ask what reasonable adjustments they could make under the Equality Act 2010 (e.g. timetable adjustments, quieter spaces, communication approaches) that you think would make things easier for your child. 

👉 Schools and local authorities have a duty to work together to support your child, and your voice is an important part of this. 

If your case goes to a hearing, this is what usually happens: 

Before the hearing

  • You and the local authority submit evidence by the evidence deadline
  • Everyone shares their position
  • Let the tribunal know if you need any reasonable adjustments made like a translator provided for example 

At the hearing 

  • A panel (usually a judge and specialist members) listens to both sides
  • You explain your child’s needs
  • The local authority explains its decision
  • The panel asks questions of you, the local authority and any witnesses in attendance 

Judges are very aware that for many parents going to tribunal is scary and something they have never done before. They will guide you through the process and don’t be afraid to ask questions or for breaks if you need them. 

The Tribunal will look at the evidence and will make a final decision. In reaching this decision, the Tribunal will consider how our actions compare with the law set out in the Children and Families Act 2014.

If we have not followed the law, the Tribunal will not necessarily say that our decision was wrong. However, it will expect us to explain why we have not followed the law and show that we were acting in the child’s or young person’s interests.

Video Hearings at the Special Educational Needs Tribunal

More videos showing what happens at appeal and how to prepare

If your case goes to a hearing, this is what usually happens: 

Before the hearing

  • You and the local authority submit evidence by the evidence deadline
  • Everyone shares their position
  • Let the tribunal know if you need any reasonable adjustments made like a translator provided for example 

At the hearing 

  • A panel (usually a judge and specialist members) listens to both sides
  • You explain your child’s needs
  • The local authority explains its decision
  • The panel asks questions of you, the local authority and any witnesses in attendance 

Judges are very aware that for many parents going to tribunal is scary and something they have never done before. They will guide you through the process and don’t be afraid to ask questions or for breaks if you need them. 

The Tribunal will look at the evidence and will make a final decision. In reaching this decision, the Tribunal will consider how our actions compare with the law set out in the Children and Families Act 2014.

If we have not followed the law, the Tribunal will not necessarily say that our decision was wrong. However, it will expect us to explain why we have not followed the law and show that we were acting in the child’s or young person’s interests.

Video Hearings at the Special Educational Needs Tribunal

More videos showing what happens at appeal and how to prepare

We know that families choose to go to tribunal because they want the best for their child. We share that goal. 

We are committed to: 

  • Listening to you
  • Being open and honest
  • Exploring all available options
  • Working in partnership to reach the best possible outcome 

We know that families choose to go to tribunal because they want the best for their child. We share that goal. 

We are committed to: 

  • Listening to you
  • Being open and honest
  • Exploring all available options
  • Working in partnership to reach the best possible outcome 

Useful links

Hampshire SENDIASS - Impartial Special Educational Needs and Disability Information, Advice and Support (SENDIASS) in Hampshire.

IPSEA - Appealing to the SEND Tribunal - a range of guides and resources to help you appeal. 

Find the forms you need to appeal: Special Educational Needs and Disability Tribunal forms - GOV.UK

Educational, Health and Care (EHC) Plans - our section on Education, Health and Care Plans

First-tier Tribunal (Special Educational Needs and Disability) - Responsible for handling appeals against local authority decisions regarding special educational needs.

Previous Page Resolving your concerns relating to an EHCP decision and Mediation

In this section

  1. Resolving Differences
  2. Making a complaint
  3. Resolving difficulties at school
  4. Your Child's Attendance at school
  5. Resolving your concerns relating to an EHCP decision and Mediation
  6. Appealing to the SEN and Disability Tribunal

Helpful Links