We’re responsible for handling appeals against local authority decisions regarding special educational needs, including a refusal to:
- assess a child or young person’s educational, health and care (EHC) needs
- reassess their EHC needs
- issue an EHC plan
- change what’s in a child or young person’s EHC plan
- maintain the EHC plan
We also handle appeals against decisions to refuse young people in custody:
- an EHC assessment
- an EHC plan after assessment
- a placement to a suitable school or other educational institution after their release
We also handle appeals against discrimination by schools or local authorities due to a child’s disability.
In April 2018 the SEND jurisdiction was extended to trial the power to make recommendations about health and social care issues in all appeals where there was a valid appeal (all rights of appeal except refusal to secure an EHC needs assessment decisions). This was part of the Department for Education’s national trial of extended powers for the tribunal. That trial came to an end on 31 August 2021. Having evaluated its success, the SEND Tribunal will continue to have the power to make recommendations about health and social care issues after this date.
Who we are
We are part of the Health, Education and Social Care Chamber, one of 7 chambers of the First-tier Tribunal which settles legal disputes and is structured around particular areas of law.