Appealing at The First Tier Tribunal (SEND)
It is important to know your right to appeal the decision that the Local Authority has made about your child or young person’s education. Whenever the LA has made a final decision, it must tell you that in writing.
Keep a note of the date of the decision letter.
In certain cases, if you do not agree with the decision, you will have what is called ‘right of appeal’, this applies if the LA have:
• Refused to carry out an EHC assessment or reassessment.
• Refused to issue an EHC Plan after carrying out an assessment or reassessment.
• Refused to amend the wording of the sections of an existing EHC Plan which are about education (B, F and I).
• Decides that a child or young person no longer needs an EHC Plan (ceasing to maintain).
In the decision letter the LA should tell you about your right of appeal and provide details of how to contact the Tribunal. They must also explain to you that in most cases you must consider mediation before appealing. You should be provided with contact details of a mediation advisor in the decision letter.
You do not have to have a solicitor or barrister to legally represent you at the Tribunal. The Tribunal is used to parents representing themselves. 96% of appeals decided at Tribunal are ‘found’ for parents (i.e. they ‘win’ their case). You can find lots of information about the Tribunal, including the forms that need completing, and videos about what happens on the day online here.
If you are in receipt of benefits and do not have capital of more than £8,000, you will be able to access Legal Aid to prepare for an appeal at the SEND Tribunal, the Civil Legal Aid website has more information and an eligibility checker here.
It is worth keeping in mind that you will only be able to access help to prepare your case and the Legal Aid will not cover the costs of a solicitor to accompany you into the hearing itself.
Although we are IPSEA trained we are not solicitors and do not have the capacity to take on detailed casework, as such The SEND Dynamic C.I.C cannot represent you in a Tribunal hearing.
If you do not qualify for Legal Aid and cannot afford to pay for the services of a solicitor, you can talk to Advocate a charity that can match you with a pro bono (free) barrister qualified to represent you in a court hearing.
If you need specialist legal advice about appealing at Tribunal, you could also access a free legal consultation with a SEN Solicitor who will give you initial next steps advice on your situation.