Understanding SEND Tribunals
The SEND Tribunal is an independent legal body that makes decisions about education, health and care needs. While the word "tribunal" can sound intimidating, it's designed to be accessible to parents without legal representation. The tribunal panel understands that you're the expert on your child.
Do You Need a Solicitor?
No. SEND tribunals are specifically designed to be accessible to parents without legal representation. While you can bring a solicitor if you choose, most parents represent themselves successfully with the right preparation and support.
When Can You Appeal to Tribunal?
You can appeal to the SEND Tribunal if you disagree with the local authority's decision about:
- Section B - Your child's special educational needs (the description of needs)
- Section F - The special educational provision (what support will be provided)
- Section I - The school or other institution named in the plan (or if no school is named)
- Refusal to assess - If the LA refuses to carry out an EHC needs assessment
- Refusal to issue - If the LA refuses to issue an EHCP after assessment
The Tribunal Timeline
Before You Appeal
Mediation requirement: Before appealing, you must contact a mediation service. You don't have to attend mediation, but you must obtain a mediation certificate confirming you've been informed of your right to mediate.
Exception: If you're only appealing about the school named in Section I, you don't need to go through mediation.
Weeks 1-2: Registering Your Appeal
What to do: Complete the tribunal registration form (within 2 months of the final EHCP or decision letter).
What happens: The tribunal sends your appeal to the local authority and sets initial deadlines.
How we help: We review your case, help complete the registration form accurately, and ensure you clearly state your grounds of appeal.
Weeks 2-6: Working Documents Exchange
What happens: Both sides exchange evidence and working documents.
Key deadlines:
- LA must provide their response within 30 working days
- You can submit additional evidence up to 2 weeks before the hearing
How we help: We organize your evidence, draft your case statement, identify gaps, and request additional reports if needed.
Weeks 6-12: Preparation Period
What to do:
- Review the LA's response and evidence
- Finalize your witness statements
- Prepare questions for LA witnesses
- Organize your evidence bundle
How we help: We review all LA evidence, help you prepare witness statements, suggest questions to ask, and conduct practice sessions for the hearing.
Hearing Day
Format: Usually held in person or via video call, lasting 2-4 hours.
Who attends:
- Tribunal panel (judge, specialist member, lay member)
- You (and your advocate/representative if you have one)
- LA representative and their witnesses
- Your witnesses (if any)
How we help: We can attend the hearing with you, present your case, question witnesses, and ensure all your points are clearly communicated to the panel.
After the Hearing
Decision: Usually issued within 10 working days.
Possible outcomes:
- Appeal allowed - The tribunal orders the LA to make the changes you requested
- Appeal partly allowed - Some but not all of your requests are granted
- Appeal dismissed - The LA's decision stands
Building a Strong Case
Success at tribunal depends on presenting clear, well-organized evidence that demonstrates:
Your Child's Needs
Detailed evidence showing the specific difficulties your child faces and how these impact their learning and development.
Required Provision
Clear evidence of what support, interventions, or placement would meet your child's needs effectively.
Current Inadequacy
Evidence showing why the LA's proposed provision is insufficient or why no progress is being made.
Expert Support
Professional reports (educational psychologist, speech therapist, OT, etc.) backing your position.
Success Rates
According to Ministry of Justice statistics, parents are successful in approximately 85-90% of SEND tribunal cases that proceed to a full hearing. Many more cases are resolved through settlement before reaching the hearing stage, often because the LA recognizes the strength of the parent's case once evidence is properly organized.
Why Are Success Rates So High?
Most parents only appeal when they have a strong case. The tribunal process encourages both sides to focus on what's genuinely in the child's best interests, and panels are experienced in identifying where provision genuinely falls short of need.
What's Included in Our Tribunal Support
Case Review & Strategy (Initial Stage)
- Assessment of your case strength
- Identification of key issues and grounds of appeal
- Review of existing evidence and identification of gaps
- Strategic advice on whether to settle or proceed
Preparation Support
- Assistance with tribunal registration and forms
- Drafting your case statement and witness statements
- Evidence organization and bundle preparation
- Review of LA's response and evidence
- Preparation of questions for LA witnesses
Hearing Representation (Optional)
- Attendance at the tribunal hearing
- Presentation of your case to the panel
- Questioning of LA witnesses
- Response to panel questions
- Clarification of legal and procedural points
Post-Hearing Support
- Review of tribunal decision
- Advice on implementation or next steps
- Support with challenging non-compliance if needed
Pricing
SEND tribunal support is available as:
- Case review consultation: £55/hour (1-2 hours typically needed)
- Preparation support package: £500 (includes case review, registration support, evidence organization, and document drafting)
- Full representation: £800 (includes everything in the preparation package plus attendance and representation at the hearing)
Frequently Asked Questions
What if I lose at tribunal?
If you lose, you can ask the tribunal to review their decision if you believe there was an error in law, or you can appeal to the Upper Tribunal with permission. Alternatively, you can gather additional evidence and make a fresh application. We can discuss your options based on the decision and reasons given.
Can I settle before the hearing?
Yes. Many cases are settled when the LA sees the strength of your evidence and agrees to changes without proceeding to a full hearing. Settlement can be a good outcome if it gives you what you need for your child.
How long does the whole process take?
From registration to hearing typically takes 12-20 weeks, though it can vary by tribunal region and case complexity.
Related Services
- EHCP Assessment Support - For initial EHCP requests
- EHCP Appeals Support - For refused assessments or plans
- Annual Review Support - For ongoing EHCP maintenance
Ready to Discuss Your Case?
Book a consultation to review your tribunal case and discuss how we can support you through the process.
Book a Consultation