When can I appeal to The Special Educational Needs & Disability Tribunal ?

By 2018, between 3,000 and 4,700 appeals a year have been registered with the First-tier SEND Tribunal since the plans were introduced in 2014. While most appeals are conceded by the local authority or withdrawn, more than 80% of those decided by a tribunal are all (or in part) in favour of the child. It remains hard for parents to challenge decisions when faced with such a complex web of education legislation, policy and procedure, as well as new health and social care elements which are governed by different legislative frameworks and thresholds.

You may appeal to the First Tier Tribunal (SEND) in the following circumstances:

• A refusal to carry out a statutory special educational needs assessment
• A refusal to make a statement following a special educational needs assessment.

Contents of the statement of special educational needs including:

• The description of the special educational needs
• The description of the help required to meet the special educational needs
• The type of school named or failure to name a specific school within part 4 of the statement
• A refusal to change the name of the school in Part 4 to another school
• A refusal to reassess the child’s special educational needs (if over 6 months since last assessment
• The withdrawal of a statement
• A refusal to amend or review a statement annually.

Any appeal in relation to the above must be lodged within two months of the decision so time is of the essence.