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The First-tier Tribunal (SEND) exists to hold local authorities to account, and parents succeed in the large majority of appeals. Understanding how it works makes the process far less daunting.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, SEN Letters UK generates it for you.
When a local authority refuses to assess your child, declines to issue an EHC plan, or produces a plan you believe is inadequate, the decision is not the end of the road. Parents have a legal right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), an independent body that reviews the local authority's decision afresh.
Many parents are put off by the word tribunal, imagining something adversarial and legalistic. In practice the SEND Tribunal is designed to be accessible to parents without a lawyer, and the published statistics show that parents succeed in the large majority of appeals that reach a hearing. Knowing what to expect removes most of the fear.
You can appeal a range of decisions, including a refusal to carry out an EHC needs assessment, a refusal to issue an EHC plan after assessment, and the contents of a plan once it has been issued. For plans, the most common appeals concern Section B (the description of your child's needs), Section F (the special educational provision), and Section I (the named school or type of school).
There are strict time limits. You generally have two months from the date of the local authority's decision letter, or one month from the date of a mediation certificate, whichever is later. Missing the deadline can cost you the right to appeal, so it is important to act promptly.
Before you can appeal most decisions, you must contact an independent mediation adviser and obtain a mediation certificate. You do not have to go through with mediation itself, but you must consider it and obtain the certificate. Mediation is free, and for some families it resolves the dispute without a hearing.
Once you have lodged your appeal, the Tribunal sets a timetable. Both sides exchange evidence, including reports from professionals, the local authority's case, and your own statement explaining why you disagree with the decision. This is where preparation matters most: the strength of your evidence, particularly independent reports about your child's needs, often determines the outcome.
Hearings are relatively informal. A panel, usually a judge and one or two specialist members, will ask questions of both sides. You can speak for yourself, bring a friend or adviser, and call witnesses such as the professionals who know your child. The panel's focus is on what your child needs, not on catching you out.
You do not need a solicitor to appeal, although some families choose to instruct one for complex cases. Free, independent support is available from SENDIASS, the statutory advice service in every local authority, and from national charities such as IPSEA and SOS!SEN, which specialise in SEND law and tribunals.
A great deal of an appeal is won or lost on paper, in the letters and submissions you make. Clear, factual, legally grounded correspondence with the local authority, both before and during the process, builds the paper trail the Tribunal will rely on. It also sometimes persuades the local authority to concede before a hearing is ever needed.
SEN Letters UK can help you produce the letters that sit alongside an appeal, from the initial request that triggers the decision, to letters challenging a refusal, to correspondence that records what has and has not been provided. Each one is worded professionally and references the relevant law, giving your case the strongest possible foundation.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
Preview free. Full letters from £4.99, credits never expire.
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