Appealing to the SEND Tribunal
If the council says no to an EHC needs assessment, refuses to issue a plan, or writes a plan you disagree with – including the school it names – you can appeal to an independent tribunal. Most families who appeal get at least part of what they asked for. This page explains how it works, walks through a worked example of a parent's case, and gives you a template to start your own.
This is general guidance, not legal advice. The example family below is fictional. Free, expert help is available from IPSEA, SOS!SEN and your local SEND Information, Advice and Support Service (SENDIASS) – it's well worth talking to one of them early.
What you can appeal
- A decision not to carry out an EHC needs assessment (or re-assessment).
- A decision not to issue an EHC plan after assessing.
- The contents of a final plan: the description of needs (Section B), the help to be provided (Section F) and the school or type of school named (Section I). If the council won't name the school you want, this is the part you appeal.
- A decision not to change a plan after an annual review, or to stop a plan.
How an appeal works
- Get a mediation certificateBefore appealing you must contact a mediation adviser (the council's letter tells you who). You don't have to go to mediation, but you need the certificate. You don't need one if your appeal is only about the school named in Section I.
- Watch the deadlineAppeal within two months of the council's decision letter, or one month from the date of your mediation certificate if that's later.
- Send the appeal formUse form SEND35 on GOV.UK, with a copy of the decision letter, the plan and the certificate. Say briefly what you disagree with and what you want instead – you'll set out the detail later. It's free, and you won't normally have to pay the council's costs.
- The council respondsThe tribunal sets a timetable. The council sends its response explaining why it opposes the appeal – read it closely, because it tells you exactly what you need to answer.
- Send your evidenceBy the evidence deadline you send your bundle: usually a case summary, a chronology, your statement as parents and the reports and records that back you up. The worked example below shows each one.
- Keep talkingMany appeals settle before the hearing. A sensible written offer to the council (like the one in the example) often moves things on – and if it doesn't, it shows the tribunal you've been reasonable.
- The hearingUsually a judge and a specialist member, often by video. It's less formal than a court. You explain your case, the council explains theirs, and you'll get a written decision a few weeks later.
Worked example
This is a fictional case, written the way strong parent bundles are written. It's about the school named in the plan – one of the commonest appeals – where the council accepts the child's needs are high but says the parents' preferred specialist provision is full.
1. Case summary and position
One or two pages the judge can read first. It says what the appeal is about, what the evidence shows and exactly what you're asking for.
FIRST-TIER TRIBUNAL (SPECIAL EDUCATIONAL NEEDS AND DISABILITY)
Appeal No: [your appeal number]
PARENTS' CASE SUMMARY AND POSITION
1. Background. This appeal concerns the school named for Sam, aged 5, who is autistic and has significant communication, learning, sensory and safety needs. Sam's final EHC plan, issued in April, names Hollyoak Lane Primary, a mainstream school. We ask for the Kestrel Autism Resource Base to be named instead. This appeal is not a criticism of Hollyoak Lane, whose staff have worked hard to support Sam.
2. Sam's needs. The plan itself (Section B) records that Sam has very limited spoken language and little awareness of danger, and (Section F) that he needs a highly structured environment, small-group and individual teaching, specialist communication approaches and adult support throughout the day. The speech and language therapy report of July says the same.
3. Safety. The school's own incident records show repeated attempts to climb fences and leave the site, including [two or three dated examples]. In March the school's SENCO told the council that Sam's needs would be very hard to meet in a mainstream setting.
4. The council's position. The council accepts Sam's needs are substantial. It opposes naming Kestrel because the base is full and says another pupil would affect the efficient education of the children already there.
5. What we ask the tribunal to order.
- Kestrel Autism Resource Base to be named in Section I.
- Sam to stay at Hollyoak Lane in the meantime, while no place is available.
- Sam to be placed on Kestrel's waiting list, and moved there when a place becomes available, without a new dispute.
2. Chronology
A dated table of what happened and which document proves it. Judges rely on it to follow the story quickly.
| Date | What happened | Evidence |
|---|---|---|
| Oct | EHC needs assessment starts. | Council letter |
| Dec | School records Sam climbing furniture and fences when distressed. | Incident log, p.46 |
| Mar | SENCO tells the council a mainstream setting will be very difficult for Sam. | SENCO email, p.44 |
| Apr | Final plan issued, naming Hollyoak Lane. | Plan, p.7 |
| Jul | Speech and language therapy report recommends structured small-group teaching and specialist staff. | SALT report, p.28 |
| Jul | Council's response: Kestrel is full. | Council response, p.22 |
| Aug | We write to the council proposing the interim arrangement. | Our letter, p.25 |
| Sep | School confirms Sam still needs 1:1 or 2:1 support all day. | SENCO report, p.44 |
3. Parents' statement
Your own account, in numbered paragraphs, linking each point to the evidence. It's where the judge hears from you about your child.
STATEMENT OF [YOUR NAMES], PARENTS OF SAM
1. Introduction. 1. We are Sam's parents. 2. We value Hollyoak Lane's support – our concern is whether mainstream can meet Sam's needs long term. 3. We have tried to be practical, and have offered the council an interim arrangement.
2. Sam's needs. 4. Sam's plan records… [quote Sections B and F]. 5. In our view this shows Sam needs more than extra adult help: he needs a specialist environment.
3. Professional evidence. 6. The speech and language report says… 7. We don't claim it names Kestrel – but it describes exactly the provision Kestrel offers.
4. The school's own evidence. 8. The school's records show… [dated incidents]. 9. This isn't our opinion – it's the school's own contemporaneous record.
5. Life at home. 10. At home we have had to… [locks, gates, what a normal day involves]. 11. We include this not to overstate things but because it shows the same pattern.
6. Why Kestrel. 12. Kestrel offers… [small classes, trained staff, secure site – matched to Section F].
7. Our proposal. 13. We understand Kestrel is full today. But being full now is a different question from whether Kestrel is right for Sam. 14. We are not asking for Sam to be admitted to a place that doesn't exist – only for Kestrel to be named, with Sam staying at Hollyoak Lane until a place is free.
8. Conclusion. 15. What we want most is for Sam to be safe, happy and learning…
Signed ………… Date …………
4. Supporting evidence
An index on the front lists every document with its date and page number, then each document in order: the final plan, the council's response, your correspondence, professional reports, and the school's records (such as incident logs). Number every page – your summary, chronology and statement should point to them.
What makes a strong case
- Use the council's own documents. The plan's Sections B and F are the council's words – if they describe needs mainstream can't meet, quote them.
- The school's records carry weight. Incident logs and SENCO reports written at the time are hard to argue with.
- Answer the council's actual objection. If it says the school is full or unsuitable, deal with that point directly. (The law lets a council refuse a parent's choice of state school only if it's unsuitable for the child, or would be incompatible with the efficient education of others or the efficient use of resources.)
- Don't criticise the current school unless you have to. "They've done their best, and it still isn't enough" is more persuasive.
- Be specific. Dates, page numbers and exact wording beat general statements.
- Offer a practical way forward. An interim arrangement or a phased move shows you're putting your child first.
- Keep the child at the centre. Include their views if they can give them, and what a good day looks like for them.
Template for your own case
Copy this into a document and fill in the brackets. Delete any section that doesn't apply.
FIRST-TIER TRIBUNAL (SPECIAL EDUCATIONAL NEEDS AND DISABILITY) Appeal No: [number on your tribunal letter] INDEX TO PARENTS' BUNDLE Tab | Document | Date | Pages 1 | Parents' case summary and position | [date] | [ ] 2 | Chronology | [date] | [ ] 3 | Final EHC plan | [date] | [ ] 4 | Council's response to the appeal | [date] | [ ] 5 | Correspondence with the council | [date] | [ ] 6 | [Professional report, e.g. speech and language therapy] | [date] | [ ] 7 | [School / SENCO report] | [date] | [ ] 8 | [School records, e.g. incident logs] | [date] | [ ] 9 | Parents' statement | [date] | [ ] PARENTS' CASE SUMMARY AND POSITION 1. Background - who your child is, their age, their main needs, what the plan currently says, and what you are appealing. 2. Your child's needs - what the plan (Sections B and F) and the professional reports say. 3. Key evidence - the two or three strongest points, with page numbers. 4. The council's position - its reasons, in one or two sentences. 5. What you ask the tribunal to order - numbered, exactly as you want it written in the plan. CHRONOLOGY Date | What happened | Evidence (page) [ ] | [ ] | [ ] STATEMENT OF [YOUR NAMES], PARENTS OF [CHILD'S FIRST NAME] 1. Introduction - who you are and what you're asking for. 2. Your child's needs - in your words, linked to the plan. 3. Professional evidence - what each report says and why it matters. 4. School evidence - what the school has recorded. 5. Life at home - what you see day to day. 6. Why the provision you want is right - matched to Section F. 7. What you have tried / your proposal to the council. 8. Conclusion - what you want for your child. Signed ............ Date ............
Useful links
- SEND Tribunal on GOV.UK – forms and guidance.
- IPSEA – free legal advice, model letters and tribunal support.
- SOS!SEN – free helpline and tribunal workshops.
- Your council's SENDIASS – free, impartial local support (search "[your council] SENDIASS").