Making Your Case: The Parent's Roadmap to SEND Tribunal Appeals

When it comes to ensuring that children with special educational needs and disabilities (SEND) receive the support they need, parents and carers often find themselves in the position of having to challenge decisions made by their local authority. One of the key avenues available for this is the SEND Tribunal.

What is the SEND Tribunal?

The SEND Tribunal is an independent body that hears appeals against decisions made by local authorities in England regarding the special educational needs of children and young people. It provides a fair and impartial forum for parents and carers to challenge these decisions and seek the best possible outcomes for their children.

Grounds for Appeal

Before proceeding with an appeal to the SEND Tribunal, it is important to understand the grounds on which an appeal can be made. The following are some common grounds for appeal:

• The local authority has failed to carry out a proper assessment of the child's special educational needs.

• The local authority has failed to issue an Education, Health and Care (EHC) plan when it is necessary.

• The content of the EHC plan is not appropriate to meet the child's needs.

• The local authority has failed to secure the provision specified in the EHC plan.

• The child's placement in a school or educational setting is not suitable to meet their needs.

Starting the Appeal Process

Once you have identified grounds for appeal, the first step is to notify the local authority of your intention to appeal. This should be done in writing and should clearly state the reasons for the appeal. The local authority will then have the opportunity to respond.

If you are not satisfied with the local authority's response or if they do not respond within the specified timeframe, you can proceed to lodge your appeal with the SEND Tribunal. The appeal must be submitted within two months of receiving the local authority's response or within two months of the expiry of the response deadline.

The Appeal Hearing

Once your appeal has been lodged, the SEND Tribunal will review the case and set a date for the appeal hearing. The hearing is usually held within 20 weeks of the appeal being lodged.

During the appeal hearing, both parties will have the opportunity to present their case and provide evidence to support their arguments. This may include witness statements, expert reports, and any other relevant documentation.

The Tribunal's Decision

Following the appeal hearing, the SEND Tribunal will make a decision based on the evidence presented. The decision will be communicated to all parties involved within 10 working days.

If the appeal is successful, the local authority will be required to take the necessary actions to implement the Tribunal's decision, which may include amending the child's EHC plan or making changes to their educational placement.

Seeking Legal Advice

Navigating the SEND Tribunal process can be complex and challenging. It is advisable to seek legal advice and support from a specialist SEND solicitor who can guide you through the process, help you gather the necessary evidence, and represent your interests during the appeal hearing.

Conclusion

The SEND Tribunal provides parents and carers with a valuable opportunity to challenge local authority decisions and ensure that children with special educational needs and disabilities receive the support they need. By understanding the grounds for appeal and following the correct procedures, parents and carers can navigate the SEND Tribunal process effectively and seek the best possible outcomes for their children.