SEND mediation and appeals

Appealing to the Special Educational Needs and Disabilities Tribunal

The Special Educational Needs and Disabilities Tribunal (SENDIST) is also known as the First-Tier Tribunal. It is the Government body that handles appeals from parent carers or young people (over the age of 16) about special educational needs and disabilities.

What can I appeal?

You can appeal Local Authority (LA) decisions relating to:

  • refusal to assess a child or young person's educational health and care (EHC) needs
  • refusal to reassess their EHC needs
  • refusal to issue an Education Health and Care Plan (EHCP)
  • changes to what is in an EHCP
  • the school or setting named in the EHCP
  • refusal to maintain the EHCP (where the LA has proposed to cease the EHCP)
  • not to amend an EHCP following a review or re-assessment

You can also appeal about:

  • the description of your child or young person's special educational needs or disability in the EHCP
  • that no school or other institution is specified
  • an amendment to these elements of the EHCP

SENDIST can make non-binding recommendations about health and social care issues in some appeals.

Who can appeal?

  • parents (in relation to children from 0 to the end of compulsory schooling) and young people (over compulsory school age to 25) can appeal to the Tribunal about EHC needs assessments and EHC plans, following contact with a mediation adviser in most cases
  • young people can register an appeal in their name but can have their help from their parents if needed

How do I appeal?

When any decision is made about a request for statutory assessment (EHCNA) or an EHCP, you will be notified in writing by the LA. The decision letter will have details of how you can appeal the decision. However, it is always recommended you request a meeting with a LA representative to discuss the decision further.

Before you can appeal to the SEND Tribunal, you must have contacted a mediation adviser (unless your appeal is only about the setting your local authority has named in Section I of your child's plan or if they have not named a setting in it). You will need a certificate from the mediation adviser to register an appeal with the SEND Tribunal.

You have 1 month from receiving the certificate or 2 months from the date of the decision letter (whichever is the later date) to register an appeal and for the Tribunal to receive your completed forms (including a mediation certificate where applicable).

Contact SENDIST:

First-tier Tribunal (Special Educational Needs and Disability), 1st Floor Darlington Magistrates Court, Parkgate, Darlington, DL1 1RU

Phone: 0300 303 5857

Email: send@justice.gov.uk

Website: http://www.justice.gov.uk/tribunals/send

Advice and guidance

You can contact IPSEA for:

  • advice or guidance on the appeal process or how to complete the forms
  • legal advice on Tribunal proceedings

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