SEND tribunal appeals

What happens at the hearing?

Before the hearing, you will receive a full copy of the appeal bundle (copies of the documents yourself and the local authority want to use to support your cases) along with the time and venue of the hearing. You can find out more about the bundle in our Youtube video:

Hearings are now usually conducted virtually via video hearing. If a hearing is to be held in person, these take place in Tribunal Buildings/Family Court Rooms as close to your home as possible (the Tribunal aims for venues to be no more than 1½ hours travel in each direction).

Appeals will be heard by a panel consisting of a legally qualified Tribunal Judge who will chair the hearing and up to two specialist Panel members who have knowledge and experience of children with SEND. Hearings usually start at 10am (although some may start at 2pm) and the length of the hearing will depend on the issues being heard and number of witnesses. You do not have to attend the hearing, but it is helpful to do so.

During the hearing:

• The Tribunal Judge will provide an introduction, explain the procedures and list the issues to be considered.
• The panel will consider the appeal on an issue-by-issue basis;
• You and the local authority will be invited to give your views and present your evidence on each issue.
• You will have the opportunity to ask questions of the local authority, witnesses and also have the chance to add anything additional you feel is important and has not been previously mentioned. The local authority will be given the same opportunity.
• You may be invited to make a brief closing comment to summarise your position.

Take a look at our Youtube video for some final thoughts and practical ideas on how to feel more prepared for your SEND Tribunal Hearing:

After the hearing

The Tribunal will make its decision following the hearing, parents are notified in writing by post and generally this is received within approximately 10 working days. This decision letter must summarise their reasons for the decision.

If the Tribunal issue an order, once received the local authority have to comply with time limits, within which they must carry out the Tribunal order. These are:

• Where the Tribunal requires the local authority to undertake an assessment/reassessment (notification starts the process) – within 2 weeks of the order being made.
• Where the local authority has been ordered to make and maintain an EHC plan they must issue the finalised EHC plan within 14 weeks of the order being made.
• Where the local authority has been ordered to reconsider a decision, they shall do so within 2 weeks of the order being made
• Where the local authority has been ordered to amend the EHC plan the local authority must issue the amended EHC plan within 5 weeks of the order being made.
• Where the local authority has been ordered to substitute the name of a school/college/other institution, the local authority must issue the amended EHC plan within 2 weeks.
• Where the tribunal has ordered that an EHC plan continue to be maintained by the local authority, the local authority shall continue to maintain the EHC plan with immediate effect.
• Where the Tribunal dismisses an appeal against a decision to cease an EHC plan the local authority must cease to maintain the EHC plan immediately.

When the Tribunal makes recommendations about health or social care needs or provision, the responsible health commissioning body or LA social care team must respond to the parent or young person within 5 weeks of the date of the recommendation, unless the Tribunal imposes a different time limit. Responses must be in writing and state what steps the health commissioning body or LA social care commissioner has decided to take following consideration of the Tribunal’s recommendations. If a decision has been taken not to follow all or part of the recommendations, the relevant commissioner must provide reasons for their decision.