SEND Tribunal appeals solicitors
Specialist support for SEND Tribunal appeals, helping families challenge local authority decisions and secure the right education, support and provision for their child.
Specialist expertise in special educational law and Tribunal proceedings.
When a local authority makes a decision that does not properly reflect a child or young person’s special educational needs, families may have the right to appeal to the First-tier Tribunal (Special Educational Needs and Disability), commonly known as the SEND Tribunal.
The SEND Tribunal provides an independent forum for reviewing decisions relating to Education, Health and Care Plans (EHCPs), EHC needs assessments, school placements and other SEN matters. Our specialist education solicitors support families throughout the Tribunal process, helping them understand their rights, prepare the strongest possible case and secure the support their child needs.
- Trusted and nationally recognised special educational needs specialists with decades of experience.
- Clear, practical support at every stage, helping families navigate complex SEN processes.
- Extensive experience across all SEN appeals, including EHCPs, school placements, and SEND Tribunal proceedings.
- Transparent and flexible fee structures, including capped fee options where appropriate.
SEN appeals FAQs
What happens during the SEND Tribunal process?
The SEND Tribunal process will vary depending on the type of appeal, but it will typically involve the following stages:
Local authority decision: You receive a decision from the local authority that you wish to challenge.
Mediation consideration: Before most appeals can be lodged, you will usually need to contact mediation and obtain a mediation certificate, unless an exemption applies.
Registering the appeal: The appeal is submitted to the SEND Tribunal, setting out the decision being challenged and the outcome sought.
Case management and directions: The Tribunal issues a timetable with key dates and deadlines for both parties.
Gathering and exchanging evidence: Parents and the local authority provide relevant evidence, such as professional reports, assessments, school records and witness statements.
Discussions and negotiations: In some cases, agreements can be reached before a hearing takes place, resolving some or all of the issues in dispute.
The Tribunal hearing: If the appeal is not resolved, an independent Tribunal panel will consider the evidence and hear submissions from both parties.
The Tribunal decision: The Tribunal issues a written decision setting out the outcome and any action the local authority must take.
Our specialist education solicitors can support families at every stage of the SEND Tribunal process, helping to prepare evidence, meet deadlines, negotiate with local authorities and represent families at hearings.
Are there time limits on making an appeal to the SEND Tribunal?
Yes. There are time limits for making an appeal against a local authority decision, and it is important to act promptly once you receive a decision letter.
Before an appeal can be lodged, you will usually need to consider mediation and obtain a mediation certificate, unless an exemption applies.
If you need to consider mediation, you must contact mediation within two months from the date of the local authority’s decision. Your appeal deadline is two months from the LA decision or one month from the date of the mediation certificate, whichever is the later date.
If you miss the deadline, the Tribunal may still consider a late appeal in some situations, but this is not guaranteed.
How long does a SEN appeal and SEND Tribunal process take?
The SEND Tribunal can prioritise and allocate a shorter appeal timetable for certain appeals e.g. transition appeals – where children are moving from primary to secondary education or secondary to post-16, or where the child is out of school. Outside of prioritised appeals, the process can run to over 12 months from the appeal being registered. We would always seek to negotiate with the LA to try and reach earlier agreement before the hearing.
Do I need a SEN solicitor to make a SEN appeal?
No, you do not need a SEN solicitor to make a SEN appeal, however, SEN appeals can involve complex legal issues, procedural requirements and detailed evidence. Specialist legal advice can help you understand the strengths of your case, identify any gaps in the evidence, navigate the appeal process and present the strongest possible arguments in support of your child’s needs.
What happens if I disagree with the SEND Tribunals decision?
If you disagree with a SEND Tribunal decision, it is important to understand that you cannot appeal simply because you are unhappy with the outcome. To challenge a SEND Tribunal decision, there must usually be an error of law in the way the Tribunal reached its decision.
Examples of an error of law may include the Tribunal applying the law incorrectly, failing to take relevant evidence into account or taking irrelevant matters into account.
If you believe there may have been an error of law, you can apply for permission to appeal to the Upper Tribunal. This is a separate process from the original SEND appeal and is focused on whether the law was applied correctly rather than reconsidering the facts of the case.
Our specialist education solicitors can review the Tribunal’s decision, advise on whether there may be grounds for an Upper Tribunal appeal and guide you through the process of seeking permission to appeal.
What happens if the SEND Tribunal agrees with my appeal?
If the SEND Tribunal agrees with your appeal, it will issue a decision setting out what the local authority must do. The action required will depend on the type of appeal and the decision that was being challenged.
For example, the Tribunal may order the local authority to:
Carry out an EHC needs assessment;
Amend an EHCP to include different or additional support;
Name a different school or educational placement; or
Take another step required to ensure your child’s needs are properly supported.
The local authority must comply with the Tribunal’s decision within the required timescales.
How much does Boyes Turner's SEN services cost?
The cost of our SEN services will depend on the specific circumstances of your case and the level of support you require. Every child’s needs and situation are different, so we provide tailored advice and offer flexible fee arrangements to ensure our support is appropriate for your circumstances.
We will discuss costs with you at the outset and provide clear information about the options available.
Please note that we do not offer legal aid.
Read more about our fees and funding options.
SEN appeals
When disagreements arise, our specialist SEN solicitors help families navigate appeals, including:
EHCPs
Specialist advice on all aspects of EHCPs, including securing assessments, reviewing plans and appealing decisions that do not provide the right support.
Appealing a refusal to assess
If the local authority refuses to carry out an EHC needs assessment, we advise on the legal criteria, gather evidence and prepare appeals to the SEND Tribunal.
Appealing a refusal to issue an EHCP
Where an assessment has taken place but the local authority decides not to issue an EHCP, we assist in challenging that decision. We review the evidence, draft appeal paperwork and guide you through the tribunal process.
Appealing an EHCP (contents of the plan)
We support families who need to appeal the sections of an EHCP — whether this concerns needs, provision, or school placement. We help ensure the plan is accurate, specific and lawful, and that it identifies the correct educational and therapeutic support.
Appealing an annual review decision
If an annual review results in changes that you disagree with, or if the local authority fails to amend the plan in line with evidence, we advise on appealing the decision and ensuring the review process is properly followed.
Appealing a cease to maintain decision
When a local authority decides to cease maintaining an EHCP, we can challenge the decision where it does not meet the legal threshold. We help demonstrate why support must continue and ensure your child’s needs remain fully considered.
Appealing to the Upper Tribunal
If you disagree with a Tribunal outcome, we can advise on the legal basis for appealing to the Upper Tribunal. We assess whether an error of law may have occurred and guide you through the next steps.
Extended appeals (health and social care)
We advise on extended SEND Tribunal appeals involving health and social care issues, helping families secure the support their child or young person requires.
EOTIS / EOTAS appeals
We support families seeking Education Otherwise Than In /At school (EOTIS / EOTAS) provision where a child or young person’s needs cannot reasonably be met within a school setting.
Section I appeals (school placement appeals)
We advise on Section I appeals concerning the educational placement named in an EHCP, helping families challenge local authority decisions and secure the most suitable school or educational setting for their child or young person.
Why use our SEN appeal solicitors?
- Specialist expertise in SEN appeals: Our solicitors have extensive experience advising on SEN appeals and a detailed understanding of the legal framework governing local authority decisions. We can support you at every stage of the process, from mediation and evidence gathering to preparing appeal documents and representing you before the SEND Tribunal.
- Supportive and collaborative approach: The SEN process can be overwhelming. We work closely with families, schools, professionals and other advisers to ensure all evidence and communication is aligned and coherent. This collaborative approach helps streamline the process and strengthens your case.
- A leading full-service law firm: Boyes Turner is recognised by Chambers UK and The Legal 500 as a leading law firm. As a full-service firm, our specialist teams can support you with related legal needs where required, including Court of Protection, community care, medical negligence and private wealth, ensuring a cohesive and coordinated approach to your care.
Contact us
If you would like advice about a related matter, please complete the form and one of our SEN specialists will be in touch as soon as possible.
Please note we do not offer legal aid. Read about our fees.
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