What is SENDIST - The SEND Tribunal

What is SENDIST the SEND Tribunal?

The SEND Tribunal (officially the First-tier Tribunal: Special Educational Needs and Disability) is an independent body that hears appeals against decisions made by local authorities about children and young people’s special educational needs (SEN) and disability discrimination in schools 

It’s free to use, and you don’t need a solicitor to take part — though support is available if needed.

What Can You Appeal?

You can appeal to the SEND Tribunal if your local authority:

• Refuses to carry out an EHC needs assessment.
• Refuses to issue an Education, Health and Care (EHC) Plan.
• Refuses to amend an existing EHC Plan.
• Decides to stop an EHC Plan.
• Makes changes to the content of an EHC Plan that you disagree with.

• Refuses to reassess your child’s needs after a request

  
  

You can also appeal if you believe your child has been discriminated against because of a disability by a school or local authority 

What You Can’t Appeal

The Tribunal does not deal with:

• How a school delivers support if your child doesn’t have an EHC Plan.
• Issues with personal budgets or transport, unless linked to the school named in the EHC Plan.
• Complaints about missed deadlines or poor communication — these go to the Local Government Ombudsman.
• Decisions already being dealt with by a court or tribunal.

The Process Step-by-Step

1. Mediation

Before appealing, you must consider mediation — a chance to resolve things informally. You’ll need a certificate to show you’ve considered it, even if you choose not to go ahead. (The only time you don't need to consider mediation is when you are just appealing the placement of a final plan.)

2. Submit Your Appeal

You fill in a form and send it to the Tribunal with supporting documents. You must do this within two months of the decision or one month after receiving a mediation certificate.

• Click Here for the link to appeal a Refusal to Assess
• Click Here for the link for all other EHCP Appeals
• Click Here for the link for a Disability Discrimination Appeal

3. Tribunal Registration

Once accepted, you’ll get a case number and a hearing date. You’ll also receive instructions (called case directions) about what to send and when.

4. Prepare Your Case

You’ll need to gather evidence — reports, letters, and anything that supports your appeal. You can also bring witnesses (e.g. professionals who know your child).

5. The Hearing

Most hearings are held online or in person. A panel (usually a judge and two experts) will listen to both sides and ask questions. You can speak for yourself or have someone represent you.

6. The Decision

You’ll get a written decision, usually within two weeks. If the Tribunal agrees with you, the local authority must follow the order — for example, to issue or amend an EHC Plan.

Extra Powers

Under the National Trial, the Tribunal can also make non-binding recommendations about health and social care parts of an EHC Plan — though these aren’t legally enforceable.