SEND tribunal: how to appeal an EHCP decision

What is the SEND Tribunal?

The First-tier Tribunal (Special Educational Needs and Disability) — commonly called the SEND Tribunal or SENDIST — is an independent judicial body that hears appeals from parents and young people who disagree with decisions made by their local authority about an EHCP.

It sits within HM Courts and Tribunals Service (HMCTS) and is entirely separate from the LA. Its decisions are legally binding — the LA must comply with a tribunal order regardless of cost or local policy.

In 2024/25, approximately 25,000 SEND tribunal appeals were registered in England — an eightfold increase over the previous decade. The vast majority are brought by parents against LAs. Of the cases that reach a hearing, parents win approximately 99% of the time (Ministry of Justice, 2024/25). Many more are conceded by the LA before the hearing date.

When can you appeal to the SEND Tribunal?

You can register an appeal if the LA has:

• Refused to carry out an EHC needs assessment
• Carried out the assessment but decided not to issue an EHCP
• Issued an EHCP but you disagree with what is in Section B (needs), Section F (provision), or Section I (placement)
• Refused to amend the EHCP following an annual review
• Decided to cease to maintain the EHCP

You cannot directly appeal Section C (health needs), Section D (health provision), Section H (social care provision), or Section E (outcomes) — though in practice, a successful appeal on Section B and F will often change the overall shape of the plan.

The mediation requirement

Before you can register a tribunal appeal, you must either:

• Attempt mediation with the LA, or
• Obtain a mediation certificate confirming you have considered mediation but wish to proceed directly to tribunal

You do not have to go to mediation. You can contact an approved mediation provider, inform them you do not wish to participate, and they will issue a certificate. This typically takes a few days and is free of charge.

Mediation itself can be useful in some cases — particularly where the disagreement is about a specific provision that could be negotiated without the delay and cost of a full tribunal. However, if the LA is refusing to assess or has produced a fundamentally inadequate plan, mediation rarely resolves the core dispute.

Once you have the certificate, you can register your appeal with the SEND Tribunal using the GOV.UK online service.

The tribunal process step by step

• Register the appeal: submit online or by post using form SEND35. You will need the LA's decision letter, the mediation certificate, and a short statement of what you are appealing and why.
• The LA responds: the LA has 30 working days to submit its response, which must include the evidence it intends to rely on.
• Evidence exchange: both parties exchange expert reports, school evidence, and witness statements. You can instruct an independent educational psychologist or other expert at this stage — though it is not required.
• Working document: the tribunal usually asks both parties to produce a working document, setting out each point of disagreement for the panel to consider.
• The hearing: typically takes place 6–12 months after the appeal is registered. It is conducted by a panel of a legally qualified judge and one or two specialist members. It is not a court — it is inquisitorial rather than adversarial, and parents are encouraged to represent themselves.
• The decision: issued in writing, usually within 10 working days of the hearing. The LA must comply within the timeframe set by the panel.

What to prepare for tribunal

The most important documents for a SEND tribunal are:

• The EHCP itself (all sections, including any draft versions)
• All professional reports: educational psychology, SALT, OT, consultant letters, CAMHS correspondence
• School evidence: SEN support plans, teacher reports, attendance records, exclusion records
• Your own witness statement: a detailed account of your child's needs, how they affect daily life, what the school and LA have and have not provided
• Any correspondence with the LA: every letter, email, and meeting note
• Evidence about the school or placement you are seeking (if disputing Section I)

If you are appealing Section F provision, you will need to demonstrate that the existing provision is insufficient and specify what provision is needed. An independent EP report is persuasive but not mandatory. Many parents win on the strength of professional reports they already hold.

Do you need a SEND solicitor?

You do not need a solicitor to appeal to the SEND Tribunal. The tribunal is designed to be accessible to parents without legal representation. Many parents represent themselves successfully.

That said, a SEND solicitor or specialist advocate can help significantly with complex cases — particularly where Section I (placement) is disputed, where the child requires a specialist independent school, or where the LA has instructed a barrister. Solicitors typically charge £200–400 per hour; a full tribunal case can cost £3,000–10,000.

Free support is available through IPSEA (Independent Provider of Special Education Advice) and SOSSEN, though waiting lists are often several months. See our guide to SEND legal help without a solicitor →

Key case law for SEND tribunal appeals

The following cases establish important principles that regularly arise in SEND tribunal proceedings:

• MM v Royal Borough of Greenwich [2024] — the Upper Tribunal confirmed that where a parent appeals a refusal to re-assess following an annual review, the First-tier Tribunal has the power to make recommendations covering Sections C, D, G, and H of the EHCP (health and social care needs and provision). This significantly extends the practical benefit of an appeal beyond purely educational provision.
• R (L and P) v Warwickshire CC [2015] — established that the legal test for whether a child requires a needs assessment is a low threshold: the LA must assess unless it is not necessary to do so. Uncertainty about whether needs are special educational needs does not justify refusal.
• MH v Nottinghamshire CC [2009] — confirmed that a parent has the right to request an assessment at any time, and the LA must consider the request afresh regardless of any previous decision.
• Buckinghamshire CC v HW [2013] — clarified that the tribunal has wide powers to amend Section F provision, and that provisions must be specific, detailed, and quantified — vague aspirational statements are not lawful.

How Pathway helps with tribunal preparation

Pathway's Full Journey plan includes a dedicated tribunal preparation toolkit, built on HMCTS data and the tribunal's own practice direction:

• Tribunal cost calculator and comparative LA performance data — understand how your LA compares to others
• AI-generated witness statement framework based on your child's specific needs and evidence
• Evidence pack builder — organises your documents into the standard bundle format tribunals expect
• Case strength analysis — identifies the strongest and weakest points in your appeal before the hearing
• Working document template — draft the point-by-point comparison document the tribunal requires
• Statutory deadline tracking — ensures you never miss the two-month appeal registration window

Full Journey starts from £19.99/month — a fraction of the cost of even a single hour with a solicitor. See pricing →