Special educational needs and disability tribunal (appeals)
Special Educational Needs and Disability Tribunal (Appeals)
The Special Educational Needs and Disability Tribunal is an independent tribunal set up to consider parents'/guardians' appeals against decisions made by Local Authorities about a child's special educational needs, where parents cannot agree with the Local Authority. The Tribunal also considers parents' claims of disability discrimination in schools.
Parents are encouraged to discuss their disagreements with the Local Authority (LA) through meeting with the LA and/or using the Disagreement Resolution Service.
Parents can appeal to the Tribunal if:
- we (the LA) will not carry out a formal assessment of their child’s SEN;
- we refuse to issue a EHC plan of the child’s SEN.
After we have made an EHC plan, or have changed a previous EHC plan, parents can appeal against:
- the parts that describe the child’s SEN (part 2) and set out the special educational support (part 3) that we think the child should get;
- the school named in part 4 of the EHC plan; or
- our not naming a school.
Parents can also appeal if the LA:
- refuses to change the school named in the child’s EHC plan, if that EHC plan is at least a year old (but only an LA maintained school can be requested);
- refuses to reassess if the LA has not made a new assessment for at least 6 months;
- decides not to maintain an EHC plan;
- decides not to change the EHC plan after reassessing.
Parents/guardians can appeal within two months of the LA giving the final written decision.
The Special Educational Needs Tribunals team can give details of how to appeal to the Tribunal. Alternatively, parents can contact the Tribunal directly.