About the SEND Tribunal
The SEND Tribunal is known as the First-tier Tribunal (Special Educational Needs and Disability). It is administered by the HM Courts & Tribunals Service.
Tribunal powers
Appeal to the Special Educational Needs and Disability Tribunal if you disagree with a decision the Council has made about a child or young person’s Education, Health and Care (EHC) needs or plan.
You can appeal if you do not agree with the EHC plan the Council has made, or if they:
- refuse to carry out an EHC assessment or reassessment
- refuse to create an EHC plan after carrying out an assessment or reassessment
- refuse to change the sections of an existing EHC plan which are about education (sections B, F and I)
- decide that you or your child does not need an EHC plan any more
The tribunal is an independent national tribunal, who have the power to order the Council to:
- carry out an EHC needs assessment (refusal to assess appeal)
- issue an EHC plan (refusal to issue a plan appeal)
- change what is written in an existing EHC plan (contents appeal)
- continue a EHC plan that has been stopped (cease to maintain appeal)
- change the school or setting named in the EHC plan (placement or section I appeal)
They also handle appeals against discrimination by schools or local authorities due to a child’s disability.
Tribunal powers to consider Health and Social care needs and provision
If you lodge an appeal with the SEND tribunal about any of the education sections (needs, provision or school named) of a plan, you may now ask the tribunal to consider the sections relating to health and social care needs and provision.
It is worth remembering that any health and social care provision which educates or trains a child or young person should be specified under ‘Special Education Provision‘ (section F) of the EHC Plan. This might include speech or occupational therapies for example.
You could include in your appeal, where you believe the local authority have not fully identified health or care needs as part of the EHC needs assessment – for example, where social care have responded with ‘not known to service’, or where you disagree with the outcome of a ‘continuing care assessment’ (or that there has not been one).
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 →