What is the SEND tribunal? First-tier Tribunal (SEND) explained

The SEND tribunal is where disagreements about EHC assessments and plans are resolved when they cannot be settled locally. It is independent of local authorities and colleges.

What can the SEND tribunal decide?

Section 51 of the Children and Families Act 2014 lets a parent or young person appeal to the First-tier Tribunal about certain decisions. These include a refusal to carry out an EHC needs assessment, a decision not to issue a plan after assessment, the content of a plan (the description of needs, the special educational provision and the institution named), a refusal to reassess, a refusal to amend a plan after a review, and a decision to stop maintaining a plan.

Appeals are subject to a mediation requirement set by section 55 of the Act: the person appealing normally has to contact a mediation adviser first, with exceptions, such as where the appeal is only about the institution named. Time limits are short, so check the current guidance on gov.uk.

How does the tribunal apply in FE and apprenticeships?

At 16 and over, the right to appeal belongs to the young person. They can be supported by parents, an advocate or a legal representative. For colleges, the practical points are as follows. The tribunal looks at the local authority’s decisions, not at the college’s day-to-day support. A college may be asked to provide evidence or advice about a learner’s needs and progress. Clear records of support, outcomes and reviews carry weight.

Common post-16 disputes involve whether the plan should continue after 18, whether it should name a particular college or specialist setting, and the level of provision described. See our guides to EHCPs in further education and annual reviews post-16. If a young person lacks capacity to bring an appeal, the Mental Capacity Act framework determines who can act for them.

What is a common misconception about the SEND tribunal?

A common mistake is to think the tribunal deals with all disability complaints in education. It does not. Disability discrimination claims against schools go to the First-tier Tribunal, but claims against further education institutions are made in the county court (see section 114 of the Equality Act 2010 and the related provisions). Another misconception is that you can appeal about the quality of delivery of a plan. The tribunal decides what the plan should say, not whether it is being followed. A complaint to the college, the local authority and possibly the ombudsman deals with delivery.

Where can you find the official source?

Read section 51 and section 55 of the Children and Families Act 2014, and the HM Courts and Tribunals Service guidance on SEND appeals on gov.uk. Individuals should take independent advice. This entry is general information and not legal advice.