Preparing for the hearing

After you register your appeal

The tribunal sends a letter confirming the appeal, with a timetable of dates. Put every date in your diary straight away. The council is the "respondent" and you are the "appellant".

The stages

1. Council's response: the council says whether it's opposing the appeal and why.
2. Evidence deadline: both sides send their evidence by the date in the timetable. Late evidence needs the tribunal's permission, so don't miss it.
3. Working document: for appeals about the content of a plan, the tribunal will direct how the plan should be shown with each side's changes marked. Use our working document builder to set out what you want changed and why.
4. The bundle: the council normally prepares the indexed, page-numbered bundle of all the papers. Check that your documents are in it and that you know where everything is.
5. Attendance: tell the tribunal who will attend for you, including any witnesses, by the deadline.

Evidence that persuades

• Up-to-date professional reports that describe needs specifically and recommend provision with amounts (who, what, how often, for how long).
• Evidence of what actually happens: school records, attendance, emails, a diary of incidents.
• Your own short statement, written in the first person, with examples.
• For a school placement: evidence that the school can meet the needs, a visit report, and any offer of a place.

Witnesses

The best witnesses are professionals who have met your child and can explain their recommendations, such as an independent educational psychologist, speech and language therapist or OT. Ask early, because they get booked up.

On the day

• Hearings are usually by video or in person, in front of a judge and one or two specialist members. They often last most of a day.
• The panel will have read the bundle. They'll take each issue in turn and ask both sides questions.
• Bring (or have open) your own copy of the bundle with page numbers flagged, a one-page list of what you're asking for, and water.
• Refer to page numbers ("on page 142, the speech therapist recommends…").
• It's fine to ask for a break, or to ask for a question to be repeated.

The decision

The written decision usually arrives within 10 working days. If it orders changes, the council has fixed time limits to comply. For example, it must issue an amended plan within 5 weeks where Sections B, F or I are changed. If it doesn't, complain and seek advice.

Before all of this, the council may offer to settle. Get any agreement in writing, ideally as a "consent order" made by the tribunal, before you withdraw. See also the SEND Tribunal guide.