Appeals to the SEND Tribunal
If you are not happy with the Local Authority’s decision during an Education, Health and Care needs assessment, you have the following options:
- Talk with your Local Authority Case Officer, who can explain the decision to you and could offer you a meeting to discuss ways forward to resolve disagreements informally.
- Mediation between you and the Local Authority in a neutral and independently facilitated meeting. Working together through the mediation process will help to clarify the issues and explore options to reach acceptable solutions. Any outcomes agreed are legally binding.
- Appeal to the Special, Educational Needs and Disability (SEND) Tribunal who have the legal authority to challenge or uphold a Local Authority decision. This is a legal process that is set up for parents and young people to be able to present their own case without the need for legal representation.
To appeal the placement (Section I) only, you must submit your appeal paperwork to the SEND tribunal within 2 months of the date of the Local Authority Decision letter.
(you need to be confident that sections B and F are full, accurate and clear).
To appeal Sections B and/or F only, or B, F and I of the Education, Health and Care plan, you must contact Global Mediation within two months of the date of the Local Authority decision letter to discuss whether you want to have a mediation meeting or go straight to appeal.
To contact Global Mediation telephone 0208 4411 355, freephone 0800 064 4488 or visit the Global Mediation website.
If you chose to go straight to appeal, Global Mediation will issue a Certificate to allow you to appeal.
If you have mediation, a Certificate will be issued following the meeting, so that you can appeal if you are not happy with the outcome of the mediation meeting.
PLEASE NOTE: you must submit your appeal form, either within one month from the date on the Mediation Certificate or within two months of the date on the Local Authority decision letter, whichever is the latest date.
You can appeal the following:
- not to carry out an Education, Health and Care Needs Assessment
- not to issue an Education, Health and Care plan
- the special educational needs and provision in the Education, Health and Care plan (sections B and F)
- the school named in the Education, Health and Care plan (section I)
- not to maintain an Education, Health and Care plan
- not to amend or replace an Education, Health and Care plan following a reassessment, or review
You can also ask the tribunal to make a recommendation for Health or Social Care needs where you disagree with:
- the health needs and provision in the Education, Health and Care plan (Section C and G)
- the Social Care needs and provision in the Education, Health and Care plan (Section D and H1/H2)
Appeal Forms
Or contact the first-Tier tribunal on 01325 289 350 or email send@justice.gov.uk.
You may find our factsheets helpful:
Factsheet 1 - Lodging Your Appeal
Factsheet 2 - After Lodging an Appeal
We also have videos which explain how to complete the appeal forms:
PLEASE USE THE EMAIL ADDRESS ON THE FORM YOU ARE COMPLETING, NOT THE ONE SHOWN IN THESE VIDEOS.
SEND 35 form (this is not to be used for a refusal to assess - see SEND 35A below).
SEND 35(A) Refusal to assess only
You can download this checklist to help you follow the appeal process.
Appeal Paperwork Checklist
If you cannot access the checklist please contact us.
IASK can help you through the process in various ways please contact us on 03000 41 3000 or email iask@kent.gov.uk.
You can also find information about refusal to asses on the IPSEA website:
Link to IPSEA Refusal to Assess Appeals
Please see the link below for guidance on how to join telephone and video SEND Tribunal hearings:
Videos about what will happen at a SEND Tribunal Video Hearing. The second video is a British Sign Language version:
British Sign Language version: