What the SEND Tribunal is — and what it is not
The First-tier Tribunal (Special Educational Needs and Disability) is part of the HM Courts and Tribunals Service. Despite hearing cases brought against local authorities, it is wholly independent of those LAs — Tribunal Judges and specialist members are appointed by the Judicial Appointments Commission and answer only to the President of the First-tier Tribunal.
The Tribunal sits as a panel of three: a Tribunal Judge (legally qualified) and two specialist members with expertise in education, SEN, or disability. Hearings are usually held by video link, although in-person hearings are available on request.
The Tribunal is not an appeal against the LA's process — it is a fresh decision on the merits. The Tribunal Judges look at the evidence available to them and decide for themselves whether your child needs an EHCP, whether the provision in Section F is adequate, or whether the named school is correct. They do not give weight to the LA's decision simply because it is the LA's decision.
The four EHCP appeal types
Refusal to assess
The LA refused to carry out an EHC needs assessment. Lowest evidential threshold — you only need to show the child may have SEN that may need EHCP-level provision.
Read full guide →Refusal to issue
The LA carried out the assessment but refused to issue an EHCP. You argue the assessment evidence shows the child needs the plan.
Read full guide →Contents of B, F or I
The EHCP has been issued or amended but the description of needs (B), specification of provision (F), or named school (I) is wrong or inadequate.
See section guides →Cease to maintain
The LA has decided to cease the EHCP — usually at annual review or when the young person leaves education or training.
Read full guide →The SEND Tribunal appeal process step by step
- 1
Identify the type of appeal you are bringing
There are four EHCP appeal types: refusal to assess, refusal to issue, contents of B/F/I, and cease to maintain. Each has slightly different evidence and arguments. Start with our route checker if you are unsure.
- 2
Contact a mediation adviser
Within 2 months of the LA's decision letter, contact a mediation adviser. You can find your LA's nominated provider on the LA website. Tell them you want a mediation certificate — you can decline mediation and just request the certificate if you wish.
- 3
Gather your evidence
Collect the LA decision letter, all professional reports, school evidence (progress data, SEN support records), your parent statement, and any private assessments. The Tribunal expects a clear, organised bundle.
- 4
Draft your grounds of appeal
On the SEND35 (refusal appeals) or SEND35A (content appeals) explain why the LA's decision is wrong, referring to specific evidence. State the outcome you want — for example, 'Order the LA to carry out an EHC needs assessment.'
- 5
Register your appeal
Submit the form to the SEND Tribunal with your mediation certificate number, decision letter, and key evidence. You can submit by post or online. The Tribunal will write to you confirming registration and issuing case directions.
- 6
Comply with directions and prepare for hearing
The Tribunal will set deadlines for evidence exchange, working document preparation (for content appeals), and witness statements. Comply on time. Most parents attend a hearing of 1-2 days, often by video link.
What to expect at a SEND Tribunal hearing
Most SEND Tribunal hearings now take place over video link via the Cloud Video Platform (CVP) used by HM Courts and Tribunals Service. Hearings typically last one to two days, depending on complexity. The format is more informal than a court — Tribunal Judges generally encourage parents to speak directly and ask questions.
The order of proceedings is usually:
- Tribunal Judge introduces the panel and the procedure
- Brief opening from each party (often skipped if the issues are clear from the bundle)
- Parent's witnesses give evidence and are questioned by the LA representative and the Tribunal
- LA's witnesses give evidence and are questioned by the parent and the Tribunal
- Closing submissions from each party
- Tribunal reserves judgment — written decision usually within 2-4 weeks
Witnesses commonly include the parent, an Educational Psychologist (your private EP if you have one), the school SENCO, and any other professional whose report is in the bundle. Witnesses can attend by video link from anywhere in the UK.
SEND Tribunal success rates
The Tribunal publishes statistics annually. The headline figures are striking:
- Around 96% of contested SEND appeals are decided in whole or in part in favour of parents at the hearing stage
- Approximately 70% of registered appeals settle before hearing — most by agreed consent order in the parent's favour
- Refusal to assess appeals have particularly high success rates due to the low statutory threshold
- Section F content appeals where the parent has a private EP report carry significantly higher win rates than those without
The reasons are structural: the legal tests favour children with SEN, the Tribunal can substitute its own decision for the LA's, and most LAs are working from limited evidence and time-pressured caseloads. A well-prepared parent appeal often presents stronger evidence than the LA can rebut.
Before your hearing — final checklist
- Bundle filed and exchanged with the LA in line with directions
- Working document agreed (or, if not, parents' version filed)
- Witness statements served including a parent statement
- Final position on outcomes sought is clear and consistent
- Counter-proposals to LA's draft Section F drafted line by line
- Knowledge of the contents of every report you are relying on
- Logistics: video platform tested, quiet room booked, papers to hand
Common mistakes parents make at the SEND Tribunal
- Treating the hearing as a complaint about the LA's behaviour — the Tribunal cares about the child's needs, not the LA's conduct
- Underestimating the importance of the working document — line-by-line proposals win section F appeals
- Failing to specify the outcome sought — the Tribunal needs to know what order to make
- Not taking up free advice from IPSEA or SOSSEN before submitting evidence
- Submitting too much evidence — the Tribunal expects a focused bundle, not every email ever sent
- Missing directions deadlines — the Tribunal can refuse to admit late evidence
Costs and funding
There is no fee to register a SEND Tribunal appeal. The Tribunal does not award costs to either side except in narrow cases of "wholly unreasonable" conduct (rule 10 of the Tribunal Procedure Rules) — meaning you do not face the LA's costs even if you lose.
The optional costs you may incur are:
- Private EP report: typically £800-£1,800
- Specialist OT or SALT report: £300-£900 each
- Solicitor or barrister representation: £1,500-£10,000+ depending on complexity
- Independent SEND advocate / case worker: variable, sometimes capped fees
Free representation and advice is available from IPSEA, SOSSEN, your local SENDIASS, and Citizens Advice. Legal aid is generally not available for SEND Tribunal cases, although Exceptional Case Funding can occasionally be granted.