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SEND Tribunal

Parents/carers and young people can appeal to the SEND (Special Educational Needs and Disability) Tribunal if they disagree with our decision in relation to an Education, Health and Care Plan (EHCP).  

If we’ve done an Education, Health & Care (EHC) assessment, or there is disagreement with the findings, the SEND tribunal will hear an appeal as long as it is made within two months of the date on the decision letter. 

If an appeal is to be made to a SEND tribunal, the parent/carer or young person will need to speak to a mediator and get advice from them about how to proceed.

An appeal can be made if we’ve: 

  • refused to do an EHC assessment 
  • refused to provide an EHCP after the assessment 
  • refused to reassess an existing EHCP that’s over six months old 
  • decided not to change an existing EHCP 
  • decided to make a change to the EHCP that you don’t agree with 
  • decided to cease the EHCP 

What can be appealed?

    • the description of the special educational needs in the EHCP 
    • the special educational needs help that we’ve recommended in the EHCP 
    • the school we’ve named in the EHCP 
    • if we haven’t named a school at all in the EHCP 

    If one of the above applies, changes can also be requested to the health and social care sections of the EHCP. 

    For further information contact: HM Courts & Tribunal Service, Special Educational Needs & Disability Tribunal, 1st Floor, Darlington Magistrates’ Court, Parkgate, Darlington DL1 1RU. Telephone 01325 289350 or email sendistqueries@hmcts.gsi.gov.uk