SEN Tribunal Appeals

The SEN Tribunal was created to enable parents, carers and young people to appeal against various decisions of a local authority where a child has an Education, Health and Care (EHC) Plan or is seeking one. Although it was not designed to be an adversarial process, cases are “won” or “lost” on the quality of evidence submitted and having an understanding of the process is essential in order to be successful.

Where there is a dispute and this cannot be resolved through mediation, parents and the young person (when they have reached the age of 16+) have the right to appeal the decision to the First Tier Tribunal which is often referred to as the SEN Tribunal.

This is a specialist and independent tribunal which sits within HM Court Service and is tasked with deciding disputes against local authorities.

Whether you choose to be legally represented or not depends on the complexity of the issues and your own confidence to present the case before the Tribunal.

WHEN CAN I APPEAL TO THE SEN TRIBUNAL

You can appeal to the SEN Tribunal when an EHC Plan is first issued, following an annual review of the EHC Plan or at any other time the EHC Plan is otherwise amended by the local authority.

WHAT CAN I APPEAL TO THE SEN TRIBUNAL ABOUT

You can appeal to the SEN Tribunal against any of the following types of decisions:

A decision of a local authority not to secure an EHC needs assessment for a child or young person
A decision of a local authority to refuse to issue an EHC Plan
Against the contents of an EHC Plan, including:
- The child or young person’s special educational needs as specified in the EHCP
- The special educational provision stated in the EHCP
- The school or other institution named in the plan, or the type of school or other institution specified in the plan
The fact that no school or other institution has been named in the EHCP
A decision of a local authority not to secure a re-assessment of the needs of a child or young person
A decision of a local authority not to secure the amendment or placement of an EHCP it maintains for the child or young person following a review or re-assessment
A decision of a local authority to cease to maintain an EHCP.

WHAT EVIDENCE DO WE NEED TO SUPPORT AN SEN TRIBUNAL APPEAL?

You will need to gather evidence to support any type of appeal and this can include:

Your child’s school/educational reports
SEN support plans or equivalent which are in place
Details of all assessments undertaken and the results over time
Expert reports from those professionals who have worked with your child
The views of the educational setting the child attends and/or proposes to attend.

I some cases parents may also wish to instruct an independent expert to provide advice specifically on the appeal. We can provide advice on the appropriate expert, if necessary. Without evidence, the SEN Tribunal is less likely to be able to reach a decision in your favour. Therefore, it is important to discuss what evidence may be required at the outset.

WHAT TO EXPECT FROM THE SEN TRIBUNAL PROCESS

The SEN Tribunal process is more informal than an ordinary court. It is inquisitorial in nature which means that its asks the questions and the parties are required to assist it in reaching a decision. Over the years it has become more legalistic and more and more parties are becoming legally represented. Therefore, knowledge of the law is critical in being able to present your case effectively.

The SEN Tribunal process can be gruelling for parents and it can take up to 52 weeks from registering the appeal to get to a hearing. On lodging an appeal, the SEN Tribunal will fix a hearing date and issue case directions for the disclosure of evidence by both parties.

Appeals will be heard across the country in local venues and depending on the type of appeal many hearings will last one day. More complex cases can be two or even three days in length. Since the Covid Pandemic the majority of appeals are now held via a special video link so you do not need to attend in person but the same procedure applies.

All SEN Tribunal hearings are managed by a specialist Judge who is legally qualified and depending on the type of appeal, they will be assisted by up to two specialist panel members. They have experience in SEN and are there to assist the Judge in reaching a decision. It is important to bear in mind that the SEN Tribunal is a legal proceeding and when bringing appeals you will need to ensure that you have the evidence to support your arguments. Once the hearing has been completed the SEN Tribunal will aim to issue a written decision within 10 working days. Once issued the local authority is required to implement the decision within prescribed timescales.

Unless the other party has acted “unreasonably” in the manner they have conducted the appeal, costs are not generally awarded in either the First Tier Tribunal or the Upper Tier Tribunal.

WHAT IF OUR APPEAL IS UNSUCCESSFUL?

If the appeal to the SEN Tribunal is unsuccessful you can always appeal again following your child/young person’s next annual review. The decision is not permanently binding on either parents or the local authority,

If you believe the hearing was unfair or that the Tribunal failed to give adequate reasons for its decision, you could also consider lodging an appeal with the Upper Tier Tribunal. The Upper Tier Tribunal considers only whether there was an error of law in reaching the decision rather than the merits of the decision.

If you are in this situation then please feel free to contact us and we are able to advise you on the merits of an appeal and what would be involved.

THE SUPPORT WE PROVIDE

Fully managing the appeal process for you from start to finish, which includes preparing of the appeal documentation, gathering of evidence, instructing experts, preparing for the hearing, liaison with you and witnesses throughout and providing representation at the final hearing;
Providing ongoing advice as and when required during the appeal process;
Providing specific advice on a particular issue as its arises during the SEN Tribunal appeal process; and
Providing only representation at the final hearing.

Our Experience

25 years + experience working in the SEN system.
Experience working for parents, schools and local authorities and are therefore experienced in dealing with cases from different perspectives.
Significant experience managing appeals both in the First Tier Tribunal and Upper Tier Tribunal and we have the most reported cases in the Upper Tier since 2014.
4.9/5 rating on Trustpilot and 4.8/5 rating on Google.

OUTCOMES

Obtaining EHC Needs Assessments.
Obtaining and maintaining EHC Plans.
Securing specialist therapies and support for children and young people.
Securing funding for home education/part time schooling
Securing funding to deliver Education, Otherwise than at School.
Securing a range of specialist placements for children including 52 week residential placements, placements at special schools and specialist resource provision (both state and independent sector).

COSTS

We offer a special fixed fee for SEN Tribunals which caps any legal fees to £5,500.00 (+ VAT).
We can also offer our services through a competitive hourly rate on an “as and when” needed basis.
Costs can be spread over the duration of the appeal through an agreed flexible payment plan.
We are not able to offer legal aid.

CONTACT US

If you are considering an appeal to the SEN Tribunal why not contact us to arrange an initial consultation and we can advise you on the best way to proceed.