The First-Tier Tribunal, or SEND Tribunal, covers appeals about your child/young persons' EHC Plan. There are no fees for parents or young people to pay.

Specifically you can appeal about:

• if the local authority (LA) decides not to carry out an EHC needs assessment or re-assessment
• if the LA decides not to draw up an EHC plan once an assessment has been carried out
• the description of your child/young persons' SEN in the EHC plan, the special educational provision specified, the school or other institution or type of school or other institution (such as mainstream school/college) specified in the plan or that no school or other institution is specified
• an amendment to these elements of the EHC Plan
• if the LA decides not to amend an EHC Plan following a review or re-assessment
• if the LA decides to cease to maintain an EHC plan

It does not hear appeals about Section A or Personal Budgets.

Before 2018, it was only possible to appeal the educational aspects of EHC plans, however a two-year trial, and subsequent continuation of the extended powers given during that trial, has changed that. The SEND Tribunal can request recommendations about the health and social care aspects of an EHC Plan, where you are already making an appeal about the education part of the plan. 

This means that you can raise all your concerns in one place and the Tribunal can take a more holistic, person-centred view of the needs of the child or young person named in the plan.

If the SEND Tribunal makes a recommendation about health or social care elements of the EHC plan, it is not legally binding. The local authority is generally expected to follow such recommendations, but where they are not followed, the reasons for not doing so must be explained and set out in writing to you and to the Department of Education.

If they are not followed, you have the right to complain to the Local Government and Social Care Ombudsman (LGSCO) or the Parliamentary and Health Service Ombudsman (PHSO) or seek judicial review.

The SEND Tribunal will also handle appeals against discrimination by schools or local authorities due to a child’s disability.

The Tribunal is independent of government and will listen to both sides of the argument before making a decision.

• GOV.UK - The tribunal process
• GOV.UK - SEND Tribunal extended appeals

You must supply a copy of the decision you are appealing against and the date when LA made the decision, or the date of the mediation certificate, whichever is later. You must also give the reasons why you are appealing. This doesn't have to be a lengthy, legal document but it should explain why you (the appellant) disagree with the decision. You should also provide copies of any relevant documents, such as assessments, to the Tribunal.

Once your appeal has been registered, LA will be sent copies of the papers and a date by which they must respond. All parties will be given an approximate date for the hearing.

The tribunal will hold the hearing via video link or at a venue within 2 hours of your home. You do not have to go, but if you do you can ask questions and present the case yourself.

You can register an appeal after the following has happened:

• The EHC plan has been initially finalised, or after it has been amended or replaced
• You receive a letter informing you that LA does not intend to carry out an EHC Needs Assessment or does not intend to issue a Plan following the assessment.
• You have two months to register an appeal once a decision has been made or one month after a mediation certificate has been issued (whichever is later)
• You must have spoken to a mediation advisor and have a certificate issued by them saying that you have done so, unless you appeal is solely about the Educational Institution named.
• You do not have to take part in mediation in order to appeal

Yes, contact the SEND Information, Advice and Support Service (SENDIASS) for help.

They are impartial professionals who can explain the process and support you through it.

Contact them on 01905 768153, by email at sendiass@worcestershire.gov.uk or via their website Herefordshire and Worcestershire SENDIASS