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Rights & Legal

Going to SEND Tribunal: What Actually Happens

6 min read Last reviewed 13 May 2026
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The words “we’ll have to go to tribunal” can feel like the end of the road. It sounds formal, legal, and frightening. Most parents have never been inside a courtroom, and the idea of challenging a local authority feels overwhelming.

But the SEND Tribunal isn’t a courtroom. It’s a specialist panel that hears appeals from parents who disagree with LA decisions about their child’s special educational needs. And parents win far more often than they lose.

Here’s what the process actually looks like, from start to finish.

Why parents appeal

You can appeal to the SEND Tribunal if the Local Authority (LA):

  • Refuses to carry out an Education, Health and Care (EHC) needs assessment
  • Refuses to issue an Education, Health and Care Plan (EHCP) after an assessment
  • Issues an EHCP you disagree with (sections B, F, or I)
  • Refuses to amend the EHCP after an annual review
  • Decides to cease the EHCP

You can also bring a disability discrimination claim against a school. The tribunal handles both types of case.

In 2024-25, when SEND Tribunal appeals reached a hearing, parents won in approximately 99% of cases. Most appeals settle before the hearing because the Local Authority concedes. That success rate isn’t a misprint. The vast majority of appeals are decided in the parent’s favour, either at the hearing or because the LA concedes before it gets there.

The appeal process

Here’s what happens from the moment you decide to appeal:

Mediation
Before you can register an appeal, you must contact a mediation service. You don’t have to mediate, but you must get a mediation certificate.
Required first step
Register your appeal
Complete the SEND35 form (or SEND35A for disability discrimination) and send it to the tribunal with your mediation certificate.
Within 2 months of the LA’s decision
LA response
The LA has 30 working days to file their response and evidence.
30 working days
Case management
The tribunal may issue directions (instructions) about evidence, deadlines, and whether expert reports are needed.
Varies
Working document
Both sides agree a working document that sets out what’s agreed and what’s in dispute.
Before the hearing
Hearing
The tribunal panel hears both sides and asks questions. Usually lasts half a day to a full day.
Typically 4-6 months after registration
Decision
The tribunal sends its decision in writing.
Within 10 working days of the hearing

Registering your appeal

You register using the SEND35 form (available from gov.uk). You’ll need:

  • Your mediation certificate (or a certificate saying you contacted the service but chose not to mediate)
  • The LA’s decision letter
  • Your reasons for appealing
  • Any evidence you want to submit

You have 2 months from the date of the Local Authority’s decision to register. If you mediated, you get an extra month after mediation ends.

2 months
You have from the LA’s decision to register your appeal. If you went through mediation, you get an additional month after it ends.

Mark this deadline on your calendar right away so you don’t miss it.

Tip

Don’t wait until the deadline is close. Register as soon as you’re ready. The sooner you register, the sooner the process moves forward. You can add evidence later.

Evidence bundles

Both sides submit evidence bundles. Your bundle might include:

  • Professional reports (educational psychologist, speech and language therapist (SALT), occupational therapist (OT), paediatrician)
  • School records showing your child’s progress (or lack of it)
  • Letters from the school or LA
  • Your own written evidence about your child’s needs
  • Reports from any independent professionals you’ve instructed

The LA will submit their own bundle, including their assessment reports and any professional advice they relied on.

Important

The tribunal gives equal weight to independent professional reports and LA reports. If you’ve had your child privately assessed and the report supports your case, it can be powerful evidence.

The working document

Before the hearing, both sides work together on a working document. This is a table showing each section of the EHCP, what the parent wants, what the LA is offering, and whether the point is agreed or in dispute.

The working document narrows the issues. Often, by the time you get to the hearing, the LA has agreed to most of what you asked for. The hearing then focuses only on the remaining points of disagreement.

What the hearing is like

The hearing is less formal than you might expect:

  • It’s usually held in an office or conference room, not a courtroom
  • There’s a panel of three: a judge and two specialist members (usually an education professional and a disability specialist)
  • You can bring someone to support you (SENDIASS, a friend, a McKenzie friend, or a solicitor)
  • The panel will ask questions directly. It’s a conversation, not a cross-examination
  • Your child doesn’t attend (unless they want to and are old enough)
  • Most hearings last between 3 and 6 hours

The panel reads all the evidence before the hearing. They’re already familiar with your case. The tribunal sends its decision in writing within 10 working days of the hearing. The hearing itself is about exploring the areas of disagreement, hearing from witnesses, and allowing both sides to explain their position.

Costs

The SEND Tribunal itself is free. There’s no fee to register an appeal and no fee for the hearing. If you lose, you won’t be ordered to pay the LA’s costs (and they won’t be ordered to pay yours).

The main costs for parents are:

  • Independent reports (if you instruct your own professionals, typically ranging from a few hundred to over a thousand pounds per report)
  • Solicitor or advocate fees (if you choose to be legally represented)
  • Time off work for the hearing

Many parents represent themselves successfully. You don’t need a solicitor to win at tribunal. The panel understands that parents aren’t lawyers, and SENDIASS can help you prepare your case. Your own knowledge of your child is often the most convincing evidence.

What the tribunal can decide

The tribunal can:

  • Order the LA to carry out an EHC needs assessment
  • Order the LA to issue an EHCP
  • Change the content of sections B, F, or I of the EHCP
  • Name a specific school or placement
  • Order the LA to maintain an EHCP it wanted to cease
  • Make findings of disability discrimination

The tribunal’s decision is legally binding. The LA must comply.

After the decision

If you win, the LA has a duty to implement the tribunal’s order. If they don’t, you can:

  1. Contact the tribunal to report non-compliance
  2. Complain to the Local Government Ombudsman
  3. Seek judicial review in the High Court (rare, but available)

If you lose, you can request permission to appeal to the Upper Tribunal, but only on a point of law.

Getting help

IPSEA provides free legal advice on SEND Tribunal appeals, including help with drafting grounds of appeal and preparing evidence.

Your local SENDIASS can attend the hearing with you, help you prepare your case, and explain the process step by step.

SOS!SEN offers telephone advice and can help parents prepare for tribunal.

How our free tool can help

The AI assistant at SEND Parents Help covers the tribunal process in detail. You can ask about timelines, evidence requirements, what to expect at the hearing, and how to prepare your case.

The tribunal exists for you

The SEND Tribunal was created because the system doesn’t always get it right. Parents appeal because LAs make wrong decisions, and the statistics show that parents are right to challenge them.

It’s not adversarial. It’s not a battle. It’s a process designed to make sure your child gets what they’re legally entitled to. And the numbers show that when parents get to tribunal, the outcome is almost always in their favour.

Sources and further reading

Legislation and official guidance

Statistics