Appealing to the Upper Tribunal
Dedicated legal support for parents, deputies, case managers navigating the EHCP process, challenging local authority decisions and securing appropriate SEN provision and placement.
We challenge SEND Tribunal decisions and ensure a child’s case is considered fairly and lawfully.
If you have received a decision from the SEND Tribunal (SENDIST) and believe there has been a legal error in the way your case was considered, you may be able to appeal to the Upper Tribunal. This is a further stage of the appeal process and allows decisions of the First-tier Tribunal (SEND) to be reviewed where there are grounds to argue that the law was not applied correctly.
Upper Tribunal appeals can be complex and require a detailed understanding of education law, Tribunal procedures and the reasons behind the original decision. Our specialist education solicitors can review your case, advise whether there are grounds for an appeal and provide expert support throughout the process.
- 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 in SEND Tribunal matters, including First-tier Tribunal appeals, Upper Tribunal appeals and complex education law disputes.
- Transparent and flexible fee structures, including capped fee options where appropriate.
Can I appeal against a SEND Tribunal decision?
If you are unhappy with the outcome of a SEND Tribunal decision, you may be able to appeal to the Upper Tribunal. However, you cannot usually appeal simply because you disagree with the decision or believe the Tribunal reached the wrong conclusion. An Upper Tribunal appeal must generally be based on an error of law.
Examples of grounds for an Upper Tribunal appeal may include:
- The Tribunal applied the wrong legal test: The Tribunal may have misunderstood or incorrectly applied the law when reaching its decision.
- The Tribunal failed to consider relevant evidence: Important evidence may not have been properly considered when deciding the case.
- The decision was not properly explained: The Tribunal must provide adequate reasons for its decision and explain how it reached its conclusions.
Our specialist special educational needs solicitors can review the SEND Tribunal’s decision, identify whether there are grounds for an Upper Tribunal appeal and advise on the best approach. We can help you understand your options and guide you through the complex legal process.
Appealing SEND Tribunal decisions FAQs
How long do I have to appeal to the Upper Tribunal?
You usually have 28 days from the date the First-tier Tribunal (SEND) decision was sent to you to apply for permission to appeal to the Upper Tribunal. Before an appeal can proceed, you must first show that there are grounds to argue the Tribunal made an error of law.
Upper Tribunal deadlines are strict, so it is important to seek specialist legal advice as soon as possible if you believe there may be grounds for an appeal. Our SEN solicitors can review the Tribunal’s decision, advise on your options and help ensure the appropriate steps are taken within the required timeframe.
How long does an Upper Tribunal SEND appeal take?
The length of an Upper Tribunal SEND appeal can vary depending on the complexity of the case, whether permission to appeal is granted and whether the matter requires a hearing. The process can take several months from the initial application through to a final decision.
What happens during an Upper Tribunal appeal?
During an Upper Tribunal appeal, the Tribunal will consider whether the First-tier Tribunal (SEND) made an error in law when reaching its decision. This involves reviewing the original Tribunal decision, the legal arguments raised and the relevant documents from the case.
The Upper Tribunal does not usually reconsider the original evidence or rehear the entire case. Instead, it focuses on whether the correct legal approach was followed and whether the decision was reached fairly and lawfully. If an error of law is identified, the Upper Tribunal may set aside the original decision and either make a new decision or send the case back to the First-tier Tribunal for reconsideration.
What happens if my Upper Tribunal appeal is successful?
If your Upper Tribunal appeal is successful, the original First-tier Tribunal (SEND) decision may be set aside. The Upper Tribunal may then either make a new decision itself or send the case back to the First-tier Tribunal to be reconsidered.
If the case is sent back, the First-tier Tribunal will usually consider the matter again, taking into account the reasons why the original decision was set aside and any guidance provided by the Upper Tribunal. This may involve a further hearing and a review of the evidence before a new decision is made.
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.
Find out more about our fees and funding options.
Why use SEND Tribunal appeal solicitors?
Specialist expertise in SEND Tribunal appeals: Our solicitors have extensive experience in complex SEN law, including advising families on challenges to SEND Tribunal decisions and Upper Tribunal appeals. We provide clear, practical advice based on a detailed understanding of Tribunal procedures and the legal principles that underpin SEND decisions.
Supportive and collaborative approach: We understand that SEN matters are rarely limited to one decision or one stage of a child’s education. We work closely with families, schools, professionals and advisers to build a complete understanding of your child’s needs, providing advice and support that considers the bigger picture and helps them access the right provision throughout their educational journey.
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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