Free guide
The SEND Tribunal explained
The First-tier Tribunal (Special Educational Needs and Disability) is an independent tribunal that decides appeals against council decisions about EHC needs assessments and plans in England. Here's how it works and how to prepare.
What the tribunal is
- It's independent of your council and is run by HM Courts & Tribunals Service.
- It's free to appeal, and each side usually pays its own costs.
- Hearings are less formal than a court. Many parents represent themselves.
- A panel — usually a judge and a specialist member — hears the appeal.
How an appeal progresses
- You register the appeal by sending the appeal form (SEND35, or SEND35A for a refusal to assess) within the time limit. See our SEND35 guide.
- The tribunal sets a timetable with dates for the council's response, evidence and the hearing.
- The council responds, saying whether it opposes the appeal and why.
- Both sides send evidence by the deadline, such as reports, a working document for plan appeals, and attendance forms for witnesses.
- The hearing takes place, often by video. The panel asks both sides questions.
- The decision is sent to you in writing, usually within a few weeks of the hearing.
Evidence that tends to help
- Up-to-date reports from professionals, such as educational psychologists and speech and language or occupational therapists, with specific recommendations.
- School records showing progress, support given and its effect.
- Your own clear account of your child's needs at home and school.
- For plan appeals, a working document with your proposed wording for Sections B, F and I.
Our evidence organiser can help you link each need to the evidence behind it, and point out gaps.
Health and social care
When you appeal about education, the tribunal can also make non-binding recommendations about the health and social care parts of a plan (Sections C, D, E, G and H). Mention this on your appeal form if it matters to you.
Outcomes
Ministry of Justice statistics for 2024/25 show that, of appeals the Tribunal actually decided (about 7 in 10 of all outcomes), 99% were at least partly in the family's favour. The rest were withdrawn or conceded, often because the council changed its decision before the hearing. Every case is different, though, and no one can promise an outcome. Many appeals are also settled or withdrawn before the hearing because the council changes its decision.
Getting ready for the hearing
- Read the bundle (all the papers) and mark the key pages.
- Write a short list of the points you most want the panel to understand.
- Ask witnesses early, and check they can attend.
- Get free advice from IPSEA or your local SENDIASS.
Free help preparing your own documents
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