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 local authorities — 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 local authority'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 local authority's decision simply because it is the local authority's decision.
The four EHCP appeal types
Refusal to assess
The local authority 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 local authority 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 local authority has decided to cease the EHCP — usually at annual review or when the young person leaves education or training.
Read full guide →SEND45, the case review form
After the appeal is registered, the Tribunal sends a case review form, often called SEND45. It asks for the issues, the witnesses, and the timetable. It is not the appeal itself. The appeal is the SEND35A and the grounds. We prepare those grounds. You review them. You send them.
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 local authority's decision letter, contact a mediation adviser. You can find your local authority's nominated provider on the local authority 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 local authority 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.
3 further steps when you submit or appeal — Requesting, appealing, and negotiating Section F are where most parents need help — that is what we prepare for you.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
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 local authority representative and the Tribunal
- local authority'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
HMCTS publishes SEND Tribunal statistics each year. Figures change over time and differ by appeal type — check the latest release on GOV.UK rather than relying on informal summaries.
- A significant proportion of registered appeals settle before hearing — often by agreed consent order
- Where cases proceed to hearing, outcomes depend on the statutory test, the evidence bundle, and how clearly grounds are argued
- Refusal-to-assess appeals turn on the section 36 'may be necessary' threshold
- Section F content appeals often turn on whether provision is specific and matched to Section B needs
The Tribunal applies statutory tests to the evidence before it. A well-organised bundle — clear grounds, dated reports, and a focused parent statement — helps the panel understand your child's needs and what you are asking it to order.
Before your hearing — final checklist
- Bundle filed and exchanged with the local authority 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 local authority's draft Section F drafted line by line
2 more items depending on your case. Plus turning this evidence into one coherent pack an LA or tribunal takes seriously.
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
Common mistakes parents make at the SEND Tribunal
- Treating the hearing as a complaint about the local authority's behaviour — the Tribunal cares about the child's needs, not the local authority'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
This guide shows what strong cases look like. We prepare the request letter, appeal grounds, or plan letter for your route.
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 local authority's costs even if you lose.
The optional costs you may incur are:
- Private EP report (commissioned privately; cost varies)
- Specialist OT or SALT report (commissioned privately; cost varies)
- Solicitor or barrister representation (fees vary by case)
- 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.