Mediation and Appeals to the SENDIST Tribunal

If you receive a formal decision letter from the local authority related to one of the following circumstances below, then you will be given the right to appeal if you are unhappy with the decision:

refusal to carry out an EHC needs assessment (known as a refusal to assess appeal).
refusal to issue an EHC plan (known as a refusal to issue appeal).
refusal to amend the contents of an existing EHCP (known as a contents appeal).
ceasing (ending) an EHC plan (known as a cease to maintain appeal).
refusal to name the educational placement or type of setting in the plan (known as a section I appeal)

If you have received a formal decision letter from the local authority that you are unhappy with, then as a first step it may be helpful to talk through the decision with your case officer from the SEN Service at the local authority. You can contact the case officer who sent you the decision letter.

If you do not have a named case officer then you can contact the SEN Service as follows:

Telephone: 01708 431 885 Email: [email protected]

This discussion may help you to understand the reasons for the decision /content in an EHC plan, particularly if it is unclear from the accompanying letter. You may wish to ask your case officer to explain the decision further and identify any evidence on which the decision/ content of the plan was based.

Many disagreements can be resolved quickly with all parties working together with the child's best interests at heart. This is often referred to as 'informal resolution' and would normally involve the parent/carer and/or young person meeting with the school and/ or the local authority to discuss concerns and find a solution.

Where disagreement persists, SENDIASS is able to inform parents of the range of support available for disagreement resolution.

If you are unable to have a discussion with the local authority or if discussions are unsuccessful in reaching an agreement, please be aware that you only have 2 months from the date on the decision letter from the local authority to either contact Kids Mediation and/or lodge an appeal with the Tribunal, otherwise you will lose your right of appeal.

What is Kids Mediation and what do they do?

Kids Mediation is the service offered by KIDS, a UK charity that supports children and young people with disabilities and special educational needs.

Havering as a local authority have designated Kids Mediation as their independent disagreement resolution service for SEN related issues.

Kids Mediation aim to help parents/carers and local authorities resolve disagreements about a child or young person’s education and support before it goes to a tribunal.

A trained mediator from Kids Mediation will attend the mediation session to facilitate communication, help parties (the parent/carer and the local authority representative) understand each other's perspectives and guide them towards a resolution. The mediator is impartial and does not take sides, ensuring a fair and balanced process.

There is no cost to the parent/carer for this service.

Do I have to take part in mediation if I want to appeal to the Tribunal?

For any appeal to the Tribunal regarding decisions made about EHC plans, except a 'refusal to name the educational placement or type of setting in the plan' (known as a section I appeal), you must first contact Kids Mediation as you are required to either formally consider mediation and/ or take part in mediation.

Contact with Kids Mediation must take place within 2 months of the date on the decision letter from the local authority or the letter accompanying the EHC plan from the local authority.

Please note that if you are only appealing a 'refusal to name the educational placement or type of setting in the plan' (known as a section I appeal), you can still request mediation even though it is not a legal requirement to consider or attend it.

How do I contact Kids Mediation to take part /consider taking part in mediation?

Here are the contact details for the KIDS Mediation Service and a link to their website.

Website : https://www.kids.org.uk/mediation-home/
Phone Number : 020 7359 3635
Email: [email protected]

What is MIAS and what does it involve?

Once you have contacted Kids Mediation they will arrange for you to have a short MIAS (mediation information advice service) telephone appointment with a member of their staff.

The MIAS call:

is a required step if you are appealing certain parts of an education, health and care plan (EHC plan) decision to tribunal.
gives parents/carers a chance to ask questions and get clear, neutral information before making decisions.
will give you the opportunity at the end of the call to state whether or not you would like to attend mediation with a trained mediator and the local authority.

What are the potential advantages of taking part in mediation?

Mediation is a supportive, voluntary process that may help resolve disputes without the need to go to a tribunal.

✅ 1. It’s child-centered

Mediation keeps the child’s needs and well-being at the heart of the conversation. The goal is to find solutions that help the child thrive in their education and development.

✅ 2. It encourages cooperation

Rather than escalating conflict, mediation with the support of a trained mediator creates a safe, respectful space where the parent/carer and a representative from the local authority can talk openly, listen to each other’s concerns and rebuild trust.

✅ 3. It’s quicker and less stressful

Legal processes can be slow, expensive, and emotionally draining. Mediation is usually faster, free, and far less formal—giving everyone a chance to move forward sooner.

✅ 4. It puts everyone in control

Unlike a tribunal decision made by a judge, mediation gives families and schools the power to agree on a solution together. This may lead to a more flexible outcome that suits the child’s situation.

✅ 5. It can improve long-term relationships

Maintaining a positive relationship between the parent/carer and the school is important for a child’s ongoing education. Mediation helps prevent breakdowns in communication, making future collaboration easier.

✅ 6. It’s confidential

Everything discussed in mediation stays private. This helps create a more open and honest environment for working through tough issues. Anything said in mediation cannot be used elsewhere (with the exception of child protection/safeguarding concerns).

What are the potential disadvantages of taking part in mediation?

Whilst mediation is designed to resolve disagreements in a less confrontational way, it may not always result in an agreement between the parent/carer and the local authority.

❌ 1. Feeling out of your comfort zone

Some parents/carers may feel nervous or overwhelmed in mediation sessions making it difficult for them to advocate effectively for their child’s needs. If this is the case, you can arrange to have a friend/supporter to attend mediation with you. Remember you are the expert on your child and your views and experience are valid.

❌ 2. No obligation to agree

If a parent/ carer presents valid concerns, the local authority isn’t required to agree or take action unless an agreement is formalised.

❌ 3. Discussions may go over old ground

If the parent/carer has already had extensive discussions with the local authority and despite this an agreement has still not been reached, then it may be the case that mediation would be unlikely to move the issue on.

❌ 4. Delays access to Tribunal

While parents/carers can appeal to the Tribunal after an unsuccessful mediation, the mediation process will delay a legally enforcable decision potentially being made by the Tribunal.

What happens if I request mediation?

If you request mediation, Kids Mediation will contact the local authority and request dates that they are available for mediation.

Once they receive this information, Kids Mediation will contact you to schedule a suitable date and time for the mediation to take place.

Mediation ususally takes place via an online platform.

Following mediation, if some agreement is reached but there are some unresolved matters you will still have your right of appeal. You will then be issued with a Mediation Cerificate within 3 working days. This certificate is required if you then decide to lodge an appeal to the Tribunal.

Following mediation, if no agreement is reached you will still have your right of appeal. You will be issued with a Mediation Cerificate within 3 working days. This certificate is required if you then decide to lodge an appeal to the Tribunal.

What happens if I request mediation but the local authority do not offer any dates within the 30 day limit?

If the local authority fails to offer dates for mediation within 30 days of the request from Kids Mediation, then you as the parent/carer will be issued with a 'deemed' mediation certificate which allows you to begin the appeal process to the Tribunal.

What happens if I choose not to request mediation following the MIAS telephone call?

If you have taken part in a MIAS call with Kids Mediation but decide that you do not wish to take part in mediation you just need to state this at the end of the call. Kids Mediation will then send you a mediation certificate (within 3 working days) so that you can appeal to the Tribunal.

Where can I find more information about mediation?

For more detailed information on the mediation process please access this link from IPSEA:

IPSEA mediation information

The SENDIST or Special Educational Needs and Disability Tribunal is an independent body in England that forms 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.

The SENDIST Tribunal handles appeals regarding decisions made by local authorities about a child/ young person's special educational needs (SEN) when an agreement has not been reached by any other means.

The Tribunal have the power to order the local authority to:

Carry out an EHC needs assessment (following a refusal to assess appeal).
Issue an EHC plan (following a refusal to issue appeal).
Change what is written in an existing EHCP (following a contents appeal).
Continue a plan that has been stopped (following a cease to maintain appeal).
Change the school or type of setting named in the plan (following a section I appeal)

They also handle appeals against schools or local authorities for discrimination based on a child or young person’s disability.

The SEND Tribunal also holds the power to make recommendations about health and social care issues, however it is only possible for the Tribunal to consider the health and/or social care aspects of the EHC plan where you are already making an appeal in relation to the education aspects of the EHC plan and the education aspect must remain live throughout the appeal.

You can lodge an appeal to the Tribunal if you are:

a parent or someone who has parental responsibility or cares for a child
a young person aged 16-25 years with capacity (under the Mental Capacity Act 2005) if you are over compulsory school age (i.e. after the last Friday in June of the academic year you turn 16) or their representative (e.g. parent, carer, advocate) where they lack capacity.

You must submit your appeal within 2 months (60 days) from the date on the local authority decision letter or the covering letter with the final EHC plan.

Alternatively, if mediation was involved, you have up to 1 month (30 days) from the issue date on the mediation certificate — whichever of the two deadlines is later.

The Tribunal may allow an extension to the time limit in exceptional circumstances, but only if they consider it appropriate. You should make every effort to submit your appeal within the required deadlines.

Is there a cost?

For you as the parent/carer/young person lodging the appeal (the appellant), there are no financial costs involved.

The local authority (the respondent) do incur costs from the Tribunal Service that they must cover.

Do I need a solicitor to represent me or an advocate?

The appeal process is designed to be accessible to parents/carers/young people and there is no expectation for you to have knowledge of SEND case law or legal training or for you to employ legal representation. Most people represent themselves and successfully present their case.

You do not need a representative to appeal, although you may choose to have one. A representative is someone you want to represent you in dealing with the tribunal. If you name a representative, the tribunal will only communicate with your representative.

You do not need an advocate to appeal, although you may choose to have one. An advocate can be anyone who can support a parent, child or young person such as a friend or a family member. They can support you to communicate on your behalf during your appeal process but cannot represent you at the hearing. You need their permission to add them to your appeal.

Am I eligible for legal aid?

You may be eligible to receive legal aid. This means a solicitor can give you advice and help prepare your case, however, legal aid does not cover the cost of a solicitor to represent you at the Tribunal hearing.

To check your eligibility for legal aid please click on the following link: legal aid check

It is important for you to check your eligibility as soon as possible after you decide to lodge an appeal. If you are eligible, it is vital that you contact the assigned solicitor without delay so that they are able to prepare your case within the deadlines set by the Tribunal.

What do I need to consider when looking for support with a Tribunal?

The Council for Disabled Children has created advice for parents/ carers looking for support with tribunals or disputes.

Whilst parents and young people are free to use whoever they wish to support them, these guidelines are intended to help inform and support that choice.

Link: CDC: Guidelines when seeking support with Tribunals

Yes! Some parents/carers/young people need support to access information and use the tribunal services.

You can ask for a spoken language interpreter.

For people with a health condition or disability reasonable adjustments can be made, although some reasonable adjustments need to be agreed by the Tribunal Service in advance.

Reasonable adjustments can include:

• a sign language interpreter

• documents in alternative formats, colours and fonts

• help with communication, sight, hearing, speaking

• help with managing your mental health

• access and mobility support if a hearing takes place in person

Please note: If your needs change you can discuss this with the Tribunal Service.

If you are having difficulty completing the online appeal form or you need guidance about how to apply, you can contact the SEND Tribunal Helpline Service.

Please note that the Tribunal Clerks who deal with letters, emails and phone calls cannot give legal advice.

Special Educational Needs and Disability Tribunal Helpline Service:
Email: [email protected]
Telephone: 0300 303 5857
Monday to Friday, 9am to 5pm. Closed on bank holidays.

You may also find the SEND37 document helpful - this guide created by the Tribunal Service contains information that can help you understand the appeal process.

To access the document please click on this link: SEND37 guide

1. For any appeal except a refusal to name the educational placement or type of setting in the plan (known as a section I appeal) you must contact Kids Mediation and either consider mediation or take part in mediation as you must include the mediation certificate when the appeal is lodged. Contact with Kids Mediation must take place within 2 months of the decision letter or the letter accompanying the EHC plan from the local authority.

Here are the contact details for the KIDS Mediation Service and a link to their website.

Website - Kids Mediation home page
Phone Number - 020 7359 3635

If you decide not to have mediation or if mediation is unsuccessful then Kids Mediation will issue you with a mediation certificate within 3 working days.

If the local authority fail to offer dates for mediation within 30 days of the request from Kids Mediation, then you will be issued with a 'deemed' mediation certificate which will allow you to begin the appeal process.

2. Be clear about what you are appealing. You can appeal decisions about:

Refusal to carry out an EHC needs assessment.
Refusal to issue an Education, Health and Care (EHC) plan.
Contents of an EHC plan (Sections B, F, I).
Ceasing to maintain an EHC plan.

3. Complete the correct appeal form

SEND35A :

For a refusal to assess for an EHC needs assessment you can access the SEND 35a form here 👉 SEND 35a form

SEND35 :

For all other EHC related appeals you can access the SEND 35 form below

👉 SEND 35 form

Please note that you can choose to complete the SEND 35 form online if you prefer. The form is in 5 sections and you do not need to complete your appeal in one session. You will be able to save your progress and return at any time within 28 days.

4. Gather supporting documents

It is helpful to send copies of all the documents and evidence with the appeal. If you are still waiting for documents /evidence when you send the appeal, you will have the opportunity to send them at a later time, although there will be a final deadline for submitting evidence that you will be made aware of once the appeal is registered.

Documents include:

A copy of the local authority’s decision letter.
Your mediation certificate (not needed if you are only appealing section I school placement)
A copy of the EHC plan (if appealing its contents).
Any reports, letters, or evidence supporting your case (e.g. from schools, doctors, therapists).

Please ensure that all scanned documents are clear and legible.

5. Send your appeal form along with all the supporting documents and evidence

You can submit it:

By email to: [email protected]

Write in the subject line of your email ‘New Appeal’ to ensure it is dealt with quickly.

By post to :

HMCTS SEND Tribunal
1st Floor, Darlington Magistrates’ Court
Parkgate
Darlington
DL1 1RU

If you provided a mobile phone number, the SEND Tribunal may send you a text message to confirm it is reviewing your appeal.

You will receive a confirmation letter/ email once your appeal has been registered.

The Tribunal aims to tell you if they have registered your appeal or if they need more information from you within 10 working days. In busy periods it will take longer. Contact the Tribunal if you have not heard within 25 working days.

When the Tribunal respond they will tell you:

if there will be a hearing
more details about the hearing, if you’ll have one
the deadline for sending in more information / evidence about your appeal

The Tribunal will then notify the local authority and send your appeal to them.

Once the Tribunal have notified the local authority of your appeal, the local authority have 30 working days to send a copy of their response and any other relevant documents to you the appellant (person bringing the appeal), as well as to the Tribunal.

The local authority's response to your appeal could be to:

oppose your appeal, meaning they do not agree with the changes you are seeking.
request that your appeal be struck out (brought to an end). This happens when they believe that the Tribunal do not have legal jurisdiction to hear the case as the appeal is about something the Tribunal is not allowed to consider.
concede to your appeal, meaning they agree to make the changes to the EHC plan that you have requested. If you are satisfied with the proposed changes you can withdraw your appeal or ask the Tribunal to make a consent order. A consent order is a contract between the parties, sanctioned by the Tribunal, that settles the appeal and orders the local authority to make the agreed changes to the EHC plan.

If you do not receive the response within eight weeks of your appeal being registered, you should notify the SEND Tribunal in writing.

When the appeal has been registered, case directions and a case review form will be issued to you as well as the local authority.

What are case directions?

Case Directions are official instructions issued by the Tribunal in a document to all parties involved in the appeal once it is registered.

The document outlines what each party must do, and by when, to prepare for the hearing.

For example ...

it will state the deadline for the local authority to send its appeal response (R1) to you and the Tribunal.
it will state the final evidence deadline - this is the date by which you must send the local authority and the SEND Tribunal any additional evidence/ information that you would like to be considered at the hearing. No further evidence will be accepted after the deadline without the express permission of the Tribunal. If you know that you will be awaiting a report after the final evidence deadline, then you need to tell the Tribunal and the local authority and explain why the report will be late.
It will state the deadline for the completion and submission of the Case Review Form to both the Tribunal and the local authority.
It will include the date by which the final bundle will be issued by the local authority and a copy sent to you. The final bundle contains all the written evidence which will be considered in the appeal, including all documents submitted by all parties and any ‘requests for changes’ and orders made by the Tribunal.
It will state a two week period in which Case Management Review will take place. During this time you may be required to attend an online Case Review Hearing with a Judge to discuss the progress of the appeal. If this is the case you will be contacted by the Tribunal service in advance.
It will set a date for the final hearing.

Case Directions are legally binding. If you miss deadlines or fail to follow them the tribunal may:

refuse to accept late evidence
adjourn the hearing (postpone or delay it)
dismiss the appeal

What is a case review form (SEND45)?

After you send in your appeal, the Tribunal will ask both you and the local authority to fill in a Case Review Form by a specified date.

This is a form that helps the Tribunal understand more about your case, gathers information and assesses progress on disputed matters ahead of the hearing.

It gives you a chance to share important details, such as:

If you consider the appeal ready to be heard by the Tribunal
What decisions remain for the Tribunal to make in the appeal
If you’ll be calling any witnesses (like therapists or teachers).
Whether you prefer a hearing to be 'on the papers' (where you do not attend and the Tribunal base their decision on the documentation) or in person/ online.
If you need extra support/ special requirements to take part in the process (like an interpreter or help with communication).
Anything else you wish to tell the Tribunal

✅ Tips when filling in the case review form:

Read the form carefully and plan your responses before completing the document.
Be as clear and honest as possible.
Don’t worry if you don’t have all the answers yet — just fill in what you can. You can always update the Tribunal later if something changes.

What is the guidance on witnesses?

The Tribunal need to know who you want to come to the hearing as a witness to give evidence on your behalf.

In some cases there are no witnesses needed other than the parents and the local authority officer.

The Tribunal's guidance regarding the number of witnesses states that whilst there is no limit, they suggest a maximum of three in a SEND appeal and five in a disability discrimination case.

The Tribunal have power to limit the number of witnesses who attend, so there is no assumption that if you want a witness that person will be allowed to come

If a witness refuses to attend the hearing you can ask the Tribunal to issue a witness summons which requires them to attend.

What is a Request for Changes (SEND 7) form ?

This form is used when a party involved in the appeal (a parent/carer, young person, or local authority) wants to request a change to the appeal or case process after it has been registered.

A request must be made in writing on the “Request for Changes” form and sent to both the Tribunal and the local authority. The SEND Tribunal must then agree if any change will be made.

Reasons why a 'Request for Changes' form may be needed include:

An extension of time to respond to a direction
A change to the final hearing date
A witness summons
Permission to amend grounds of appeal/response to the appeal
A strike out of the appeal/barring the LA
Permission to add additional witnesses
An observer to attend the hearing
any other reason

To access the Request for Changes Form please click here:

SEND7 Request for Changes form

What is a working document?

A working document is a version of your child’s final EHC plan that both you and the local authority use to show:

what wording you agree on.
what wording you don’t agree on and want the Tribunal to decide.

You’ll each make comments or suggested changes directly on the document. This helps the Tribunal clearly see what’s still being discussed and what has already been sorted out.

The working document is sent to the Tribunal before the final hearing, so they know exactly which parts of the EHC plan are still in dispute.

Sometimes it’s easy to see the differences between you and the local authority. Other times, especially when the issues are more complex or detailed, the document can be harder to follow. This is why it’s important for the working document to be clear and well-organised.

What is Active Case Management?

Around three weeks before your final hearing, you may get a phone call from the Registrar at the Tribunal. This is an informal call with the purpose of checking that everything is on track for the hearing.

You may be asked about:

Your witnesses (who they are and if they’re available)
Your working document (if it’s been started or updated)
Anything you wrote (or didn’t write) in your case review form
Any non urgent 'request for changes' that have been agreed

The main goal of this call is to make sure the appeal is ready to go ahead smoothly on the day and that there are no surprises or delays.

What is a Telephone Case Management Hearing?

If your appeal is more complicated or there are things that need to be sorted out before the main hearing, you might be asked to take part in a telephone case management hearing.

This is a phone call with a Judge from the SENDIST Tribunal to help get everything ready for the full hearing. It’s a chance to:

Discuss any important issues that need to be resolved in advance
Decide if any extra assessments or reports are needed
Talk about requests to change the hearing date, if one side wants to postpone but the other doesn’t
Help narrow down the areas of disagreement, so the hearing can focus on what really matters

What do I need to be aware of in terms of the Tribunal Bundle?

In order for a decision to be made about a case, it is essential the parties and the Tribunal Panel have a well-ordered set of documents. In SEND cases the local authority must prepare a Tribunal Bundle containing legible copies of all written evidence from all parties, provided by the final evidence deadline, that are to be considered.

The local authority is responsible for collating all these documents for the case. The documents within each part of the Tribunal Bundle must be put into chronological order starting with the oldest and each page should be clearly numbered.

There are limits as to how long the bundle can be depending on the type of appeal.

The bundle includes:

All the evidence from you
All the evidence from the local authority
Any other important documents such as reports or emails

An electronic version of the bundle will be sent to you and the Tribunal at least two weeks before the hearing.

You are also entitled to a paper copy of the bundle which the local authority can provide.

Ensure that you check the bundle to ensure that all your evidence on a page-by-page basis is there and that it is legible.

For more information on the Tribunal Bundle please see the 'Guidance for producing a Tribunal Bundle for the First-tier Tribunal SEND' document via the following link:

Tribunal Bundle Guidance SEND40

What happens to my appeal if I move to live in a different local authority?

If you move home while your SEND Tribunal appeal is in progress it’s very important to let the Tribunal know straight away as it helps keep your appeal on track and avoids delays.

If you’ve moved to a new local authority area, the Tribunal will get in touch with that local authority and may transfer your appeal to them.

Here’s what this means for you:

The new local authority might take over the case, just as if they had made the original decision.
Your appeal would then be against them instead of your previous council (unless there’s a good reason why they shouldn't take over the appeal).
A new timetable will be set for sharing evidence and getting ready for the hearing.
The old local authority will no longer be involved in the appeal.

Can I withdraw my appeal?

If you decide you no longer want to go ahead with your appeal, you can ask to withdraw it. Here's how it works:

If the hearing is more than 3 weeks away:
You can ask to withdraw, but you must get the SEND Tribunal's agreement. To do this, fill in a Request for Changes form and explain why you want to withdraw.

If the hearing is less than 15 working days away:
You still need to use the Request for Changes form and give a clear reason why you're withdrawing at short notice.

After you send in your request a Tribunal Judge will review it and decide what needs to happen next. In some cases you may be asked to join a phone call to explain your reasons.

If you try to withdraw very close to the hearing date, the Judge might not agree. In that case, both you and the local authority may be asked to attend a short hearing to explain why the appeal is being ended so late.

When will the hearing be held?

Your hearing date will be confirmed in the Case Directions when your appeal is first registered.

Who makes up the Tribunal Panel?

The Tribunal will be led by a Judge and one or two “lay members”. The lay members are individuals who have considerable experience in special educational needs and social care or health.

Do I have to attend the appeal in person?

If you do not wish to attend in person you can ask for a paper hearing to be considered. This can only take place if both parties (you and the local authority) consent. This is sometimes known as a hearing 'on the papers'. Most 'Refusal to Assess' appeals take place as a paper hearing.

If one party does not consent to a paper hearing and/or if the case is complex then you will be required to attend an oral hearing either in person or online. This can be helpful as the panel will be likely to ask you questions.

In terms of attending an oral hearing, this may be done in-person or via a secure online video conferencing platform, although the majority of oral hearings are now held online.

If an in-person hearing is required for any reason, it would be held in Tribunal Buildings/Family Court Rooms as close to your home as possible.

In some hearings a hybrid approach is taken, with both in-person and online attendance. This can be helpful if for example an in-person hearing is scheduled, but a witness does not live within a commutable distance to the hearing venue.

You will be informed as to the type of hearing for your case well in advance.

What happens in a paper hearing?

A paper hearing means that the Tribunal Panel will decide the outcome of the case based solely on the Tribunal Bundle, so it is essential that the evidence you provide within the bundle is thorough and clear.

Since there are no witnesses, they are generally easier to timetable. If a case is particularly time sensitive a paper hearing may mean a faster outcome.

Please note that the Tribunal automatically considers appeals against a 'Refusal to Assess' decision on the papers only. If your preference is an oral hearing, you will need to have requested this.

The decision of the Tribunal will be communicated to you and the local authority within 10 days of the hearing. You will receive a full report outlining the findings on the Tribunal Panel in relation to your appeal.

How can I prepare for an online (video) or in person appeal?

The Tribunal is interested in what the position is now between the parties, what is agreed, what is not agreed, with reasons and pointers to the evidence in the bundle. They will use the Working Document, evidence and questioning to assist them in this.

If you are attending an online or in person hearing you may need to answer questions and refer to specific points in the bundle so it is important that you have some understanding of the layout and content of the bundle.

If you are using the paper copy of the bundle you may wish to print an extra copy of the index page for reference during the hearing to help you find specific pages. In addition, you may also benefit from preparing in advance by using different coloured post-it notes as page markers to help you navigate the key types of reports such as school, educational psychologist, occupational therapy, speech and language. You can also annotate these post-its to remind you of the key points in the reports that draw out your points and help evidence your appeal.

If you are using an electronic copy of the bundle check whether your PDF reader will allow you to use bookmarks or make notes on the document. If you can, make the bundle searchable so that you can find particular words or phrasing quickly when needed during the hearing.

For video hearings...

The hearing will be heard over the court video platform. It is important that you ensure that your internet connection is strong. If you are using Wi-Fi, make sure that you are the only user on the network.

The Tribunal will contact you ahead of the hearing date with information regarding how to access the online platform and you will be able to practise setting up the connection and testing the camera, sound and microphone quality in advance so that you are confident with these aspects on the day of the hearing.

Try to plan ahead for the day of the hearing :

If you have a child/children at home you may wish to arrange for a friend/ family member to look after them outside the home so that you can concentrate fully.
Switch off devices such as phones, televisions, doorbells or devices like Alexa that may distract you.
Have a bottle of water, a pad of paper and a pen close to hand.
Make sure you are comfortable - do you need a different seat or a cushion?
Make sure you are dressed appropriately. As this is a formal court proceeding you should wear smart, comfortable clothing. Wear layers of clothing that you can add/remove depending on the temperature.
Breaks will be scheduled throughout the hearing. If you need to take an additional break because you feel overwhelmed, upset or just need a comfort break let the Tribunal Panel know.
If you lose internet connection don't panic! Make a note of the telephone number provided on the hearing notification letter - you could pop it on a post-it next to your computer screen. If your internet fails, you will need this number and the password to gain access to the hearing.

For an in-person hearing...

Plan ahead so that you know exactly where the hearing venue is, how you will get there and how much time you need to allow for travel or parking. You will need to factor in additional time for security checks at the venue.
If you require any special arrangements such as wheelchair access or an interpreter please ensure that you inform the Tribunal Service well in advance by including the information on the Case Review Form. In addition follow this up with an email/telephone call to the Tribunal Service Helpline a week before the hearing so that they are reminded of your requirements.
Pack your bag the night before when you are not rushing and have a clearer mind. Make sure you bring any written documentation that you will need (such as the paper bundle if you are using it) or any IT equipment such as your fully charged laptop (with a charger and extension lead) if you will be using the electronic bundle. A pad of paper and a pen may also be useful.
Make sure you are dressed appropriately. As this is a formal court proceeding you should wear smart, comfortable clothing. Wear layers of clothing that you can add/remove depending on the temperature.
Breaks will be scheduled throughout the hearing. If you need to take an additional break because you feel overwhelmed, upset or just need a comfort break let the Tribunal Panel know.
Make sure that you bring any prescribed medications that you will need to the hearing. It may be more convenient to pack your own lunch and drinks rather than rush around at lunch time. Drinking water is usually available during the hearing.

You should receive the decision of the SENDIST Tribunal by post within 10 working days of the hearing.

The decision letter will summarise the Tribunal's reasons for the decision and set out any orders which the local authority must carry out within specific time limits.

The time limits begin from the date that the order was sent out and vary depending on the type of order.

Here are some of the common orders and the time limits within which the local authority must carry them out:

To start the EHC needs assessment or reassessment process – within 2 weeks
To make an EHC plan – to issue a draft EHC plan within 5 weeks and final plan within 11 weeks
To amend an EHC plan – within 5 weeks
To continue an EHC plan – with immediate effect
To amend the name of the educational placement in the EHC plan – within 2 weeks
To cease (no longer maintain) an EHC plan – with immediate effect

For detailed information on orders, time limits and exceptions please see the full guidance via this link:

The SEND Regulations 2014

If you are unhappy with the outcome of your appeal, in certain limited circumstances you can appeal the decision of the SEND Tribunal to the Upper Tribunal.

For more information on challenging SEND Tribunal decisions please visit IPSEA's web page via this link:

IPSEA: Challenging SEND Tribunal decisions

If the local authority misses a deadline for a required action following an appeal you are able to take action straight away.

You may wish to consider the following options:

1. Contact the local authority

Raise the breach: Write to the LA, clearly stating that they have not complied with the Tribunal's order and the deadline.
Request compliance: Ask them to take the necessary steps to implement the decision.

IPSEA have advice on what you can do when a local authority fails to comply with the statutory deadlines for action following a SEND Tribunal appeal. They also have a template letter that you can adapt and send to the local authority informing them of the issue and asking them to carry out the appropriate action.

Link: IPSEA advice : non compliance of Tribunal order by LA

2. Seek a remedy from the SENDIST Tribunal

Ask for intervention: You can ask the Tribunal to intervene and enforce their own orders.

Request judicial review: As a last resort, you can seek a judicial review, which is a legal process where a court examines the LA's decision-making to see if it was lawful.

SOSSEN : A national charity that helps parents/ carers of children and young people with SEND to secure the right educational provision for their children

Link: SOSSEN : Appeals

IPSEA : A national charity that specislises in the field of SEND law in England

Link: IPSEA : Appealing to the Tribunal

CONTACT : A national charity for families with disabled children

Link: Contact : Tribunal appeals

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Mediation and Appeals to the SENDIST Tribunal

What decisions regarding EHC plans can I challenge?

Can I have an informal discussion with the local authority first?

What is mediation and when must it be considered?

What is the SENDIST Tribunal?

What types of decisions can be appealed?

Who can lodge an appeal to the Tribunal?

What are the time limits for lodging an appeal?

Is there a cost involved in appealing and do I need a solicitor?

Can support /reasonable adjustments be made for me during the appeal?

How do I contact the SEND Tribunal Helpline Service if I am having trouble with the appeal documents or I have a question?

How do I lodge an appeal?

What happens after I send my appeal to the Tribunal?

How might the local authority respond to my appeal?

What do I need to do once my appeal is registered with the Tribunal?

What happens at a Tribunal hearing?

When will I find out the outcome of the Tribunal?

What can I do if I am unhappy with the decision of the Tribunal?

What can I do if the local authority do not comply with the Tribunal's order?

Where can I find more information about appeals to the SENDIST Tribunal?