The process
What happens next?
Once the Tribunal have received your form the appeal will usually be registered within 10 working days.
The Tribunals will write to you to confirm:
- your hearing date
- your deadline for submitting further documents or evidence
The local authority will receive a copy and will be given 30 working days to respond, including whether they oppose the appeal.
Evidence gathering
Use this time to gather any further evidence. You can request information or a document from the local authority or school.
If you can’t get hold of information or a document important to your case, the SEND Tribunal has the power to make an order.
Case Review Form
The Tribunal has introduced a Case Review Form to assist with case management. The Tribunal will tell you, within the information they send you confirming the appeal has been lodged, if you need to use this and give you a date by when which you must send the completed form to them and the local authority. This date is usually the same as the bundle deadline.
The form is also used so that you can let the Tribunal and the local authority know who will be attending the hearing (this replaces the previous ‘attendance form’). The Tribunal is in the process of transferring over to the new system.
You may receive an attendance form as well as the Case Review Form.
Further documents or evidence
You should complete all forms sent to you by the deadlines given.
Make sure you read the guidance sent to you around sending emails to SENDIST.
They have an e-filing system and ask for the information in the subject title to be included in a certain way.
When you submit copies of further documents or evidence you must also send a copy to the local authority. Make sure you do this by the deadline as late evidence may not be accepted.
Before the hearing* you will receive a copy of the full appeal bundle which includes details of the time and venue.
* ‘Refusal to assess’ appeals are usually ‘paper hearings‘ unless you request an oral hearing. A paper hearing means the appeal will be decided without the need for a court hearing.
Decision making
The appeal will be considered by a panel – a tribunal judge and up to two specialist members.
The decision will be communicated with you (and the local authority), within 10 working days of the hearing.
Help you can get
Legal aid can help pay for legal advice. You can check if you can get legal aid on the GOV.UK website.
You can also get free help and advice from the Independent Parental Special Education Advice (IPSEA).
Get in touch with us
If you can't find what you need, feel free to get in touch with us. Our opening hours are:
- Monday to Thursday from 9.30am to 3pm
- Friday from 9.30am to 2pm
We aim to respond to all enquiries within 3 working days.
Other sources of help and support:
Hertfordshire Local Offer
The Local Offer lets parents and young people know what special educational needs and disabilities services are available in Hertfordshire, and who can access them.
Visit the Local Offer →
Contact
A charity for families with disabled children offering information and advice.
Visit Contact →
HPCI
An independent parent carer organisation ensuring family voices are heard.
Visit the HPCI →
IPSEA
Independent information, advice and support, with free guides, resources and template letters.
Visit IPSEA →