Complain about a school or childminder

5. Disability discrimination

Follow the school’s complaints process if a school has discriminated against someone because of their disability.

If this doesn’t solve the problem, or you don’t want to complain to the school first, you may be able to complain to the Special Educational Needs and Disability (SEND) tribunal.

Who can complain to the SEND tribunal

You can complain to the tribunal if you’re:

  • someone with parental responsibility for a young person, or their foster parent or carer
  • a young person over school leaving age but under 18

You can complain to the tribunal about:

  • a school, nursery or pupil referral unit maintained by a local authority
  • an independent school
  • a free school, including an academy

You can’t complain to the tribunal about:

  • a private nursery, unless it’s part of a school
  • a further education college
  • an organisation using a school’s premises

Complain to the SEND tribunal

Send the claim to the tribunal within 6 months of the discrimination taking place.

Download and fill in:

You can include details of up to 5 witnesses who you’d like to bring to the hearing. The address is on the form.

Contact the tribunal if you have any questions about completing the form. They can’t give you legal advice.

Special Educational Needs and Disability Tribunal
send@hmcts.gsi.gov.uk
Telephone: 01325 392 760
Fax: 0870 739 4017
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Help you can get

Check if you can get legal aid.

You can also get free help and advice from:

Information, Advice and Support Services (IASS) Network nppn@ncb.org.uk
Telephone: 020 7843 6958
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Going to the hearing

You’ll get a letter from the tribunal telling you if they’ll hold a hearing, and when and where it’ll take place. It’ll be close to your home.

You can complain to the Department for Education (DfE) about a school if the SEND tribunal won’t handle your case.

Change or withdraw your claim before the hearing

Download and fill in:

  • form SEND7 to change your claim, for example to ask for a different hearing date or add more witnesses
  • form SEND8 to withdraw your claim

What happens at the hearing

The hearing will usually be attended by:

  • up to 3 tribunal members
  • a clerk
  • someone representing the local authority
  • witnesses

You don’t have to go to the hearing, but if you do you can ask questions and present the case yourself. If you’re appealing as a young person, your parents can come to the hearing.

Fill in the attendance form if you want to bring:

  • someone to represent you
  • someone to support you
  • witnesses

You can ask to have an interpreter at the hearing. They’ll translate what happens but they can’t represent you or give you legal advice.

You might be asked questions by:

  • your legal representative (if you have one)
  • the local authority’s representative
  • the tribunal

You’ll usually get a letter with the tribunal’s decision within 10 working days of the hearing.

Claiming expenses

You might be able to claim travel expenses for going to the hearing.

Your witnesses might also be able to claim expenses for travel and loss of earnings.

If you bring a friend or relative to the hearing, you might also be able to claim for their travel costs.

If your claim is successful

The school or local authority must act on the tribunal’s decision within a set amount of time.

You can complain to the Local Government Ombudsman if a local authority doesn’t keep to the decision.

Local Government Ombudsman
Telephone: 0300 061 0614
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Local Government Ombudsman
PO Box 4771
Coventry
CV4 0EH

If your claim is not successful

The letter giving the tribunal’s decision will tell you how to apply to:

  • get the decision ‘set aside’ (cancelled) if you think there’s been a mistake in the process
  • ask the tribunal to ‘review’ the decision, for example if your circumstances have changed since you got the decision or the decision contains a mistake

You can also ask for permission to appeal to the Upper Tribunal (Administrative Appeals) Chamber if you think the SEND tribunal has made a mistake and acted against the law.

You must ask for permission to appeal within 28 days of the date on the tribunal’s decision letter.