Tribunal appeals take over a year from registration to the final hearing date so it is advisable to get the appeal registered as soon as possible after receiving the formal LA decision letter; the evidence deadline comes many months later, see below for tribunal timetable. This page was updated in April 2026 to add latest tribunal statistics plus information about proposals to reduce tribunal powers.
The deadline for submitting an appeal is two months from the date of the letter from the local authority giving their final written decision in relation to the EHCP or 30 days from the date of the mediation certificate.
Forms and Information
Tribunal forms are linked from this page and include the appeal form itself [SEND35] and the Request For Change form [SEND7] Corams has a page about Legal Aid for Education and Ipsea and SOS-SEN have useful starter pages.
Right of Appeal
Families can challenge a formal decision about an EHCP at tribunal. This includes
- refusal to carry out an EHC needs assessment
- refusing to make an EHCP after a needs assessment
- the contents of the final EHCP (the first version or any subsequently amended versions following review)
- not amending the EHCP following review
- ceasing the EHCP
Sections B, F and I are statutory and can be appealed to obtain a binding decision from tribunal. Sections A and E are non-statutory (Views and Outcomes) Sections C, D, G and H (health and care) can be joined to the appeal although the tribunal’s recommendations are non-binding in these areas. Appeals which include health or social care are called extended appeals.
The local authority’s EHCP decision must follow correct process and be set out in writing before you can go to tribunal, which is why the Ombudsman will look at delay leading to injustice in being prevented from appealing. Related page https://edyourself.org/complaints-ombudsman/
The SEND Tribunal service is free ie families do not have to pay to register an appeal although costs may be incurred in paying for professional reports and/or legal advice and representation. First-tier tribunal hearings are now all online. Obtaining a mediation certificate in lieu of actual mediation is generally the first step and this involves contacting the specific SEND tribunal mediation company commissioned by the local authority.
Tribunal Powers
The First-tier Tribunal has the power to:
- correct deficiencies in EHC Plan
- order the LA to arrange assessment or reassessment
- order the LA to make, maintain or continue an EHC Plan (including such amendments as FTT thinks fit)
- require the LA to reconsider the special educational provision being made
- order different school/institution or type of school/institution specified in EHC Plan
- rule that Section I must be left blank for EOTAS [LINK]
Tribunal Process
Deadlines and duties are imposed on both parties in the tribunal process. The appeal is generally registered within 10 working days and the tribunal service will send an electronic letter to parents and to the local authority with case directions setting out the timetable covering dates for the LA’s initial response; both parties’ evidence deadline; case management review form deadline; bundle deadline; final hearing date.
Evidence does NOT have to be sent by the parent with the initial appeal registration paperwork.
Appeals have an appellant and a respondent. The parent or young person who brings the appeal is called the appellant and the local authority is the respondent.
Up to when the child is 16 it is the parent who is the appellant; after 16 the appeal is in the name of the young person although the parent can complete the paperwork and speak on the young person’s behalf as their helper or advocate.
It is the respondent’s decision which is being appealed, and the decision may be upheld (ie the tribunal disagrees with the parents’ challenge) or it may be revised (ie the tribunal agrees at least in part with the parents’ appeal)
If the LA concedes the appeal the parent should request a consent order from the tribunal to cover the precise issues eg an agreed Working Document. It is not uncommon for LAs to back down at the last minute.
NB the local authority does not have the power to terminate the appeal because the LA is the respondent, not the appellant. A tribunal consent order is binding on the LA in the same way as any other tribunal decision whereas if the parent simply withdraws the appeal it is dependent on the LA’s goodwill.
Disagreements about Tribunal Decisions
In very restricted circumstances as explained here, families can go on to the Upper Tribunal after a hearing at the First Tier tribunal. The GOV.UK link for Upper Tribunal decisions is here. It is only the Upper Tribunal which creates case law, not the First Tier Tribunal. NN v Cheshire East is a UTT case I won in 2021. It concerns Education Otherwise Than At School [EOTAS] and leaving Section I blank. Related page https://edyourself.org/eotas-case-law-leaving-section-i-blank/
Proposed Reduction Tribunal Powers
As of 2026, the government is proposing as part of its SEND reform that tribunals should no longer be allowed to decide on school placement. Read more on the link below.
Tribunal Statistics
The Ministry of Justice publishes special educational needs tribunal statistics in December each year. December 2025 can be found on a spreadsheet via this page. The headline points are here.
In the academic year 2024/25, there were 25,000 registered SEN appeals. 24% were against refusal to secure an EHC assessment, while 61% were in relation to the content of EHC plans.
Not all appeals are decided by tribunal as an appeal may be withdrawn or conceded before reaching a hearing. In 2024/25, HMCTS recorded 20,000 outcomes in relation to SEN appeals. Of these outcomes, 71% (14,000) of cases were decided by the tribunal and of the cases decided, 99% (14,000) were in favour of the parent or young person bringing the case.