How to win a SEND Tribunal

Blog

9 Jan, 2024

A SEND Tribunal, officially named the First-Tier Tribunal (Special Educational Needs and Disability), resolves disputes related to special educational needs and disabilities.

This tribunal operates independently from educational authorities and is designed to provide an impartial platform for individuals who disagree with decisions made by local authorities regarding the special educational provisions for a child or young person.

If you wish to appeal a decision made by a local authority regarding the SEN education of a child or young person, this blog will explain what a SEND appeal is and how to win one.

The information given here is intended for general information purposes only and should not be taken as legal advice.

For specific guidance relevant to your situation and to arrange an initial fixed fee education law consultation, please contact our education law senior administrator, Rachael, on 01895 207230 or email educationteam@ibblaw.co.uk

What is a SEND Tribunal?

A SEND Tribunal, formally known as the First-Tier Tribunal (Special Educational Needs and Disability), addresses disputes related to provision for special educational needs (SEN) and disabilities.

The SEND Tribunal holds a vital role in ensuring that the rights of individuals with special educational needs and disabilities are upheld.

If a parent, guardian, or individual disagrees with a local authority’s decision concerning aspects such as the type of support, educational placement, or allocated resources for a child with special needs, they have the right to appeal to the First-Tier Tribunal.

The tribunal has the authority to review evidence, consider expert opinions, and make legally binding decisions to resolve the dispute.

What happens at a SEND Tribunal?

At the tribunal, an independent panel considers evidence presented by both parties, including the local authority and the applicant.

This may include educational, medical, or psychological assessments, as well as expert testimonies.

The panel’s objective is to determine whether the local authority’s decision was appropriate and lawful or if adjustments need to be made to better meet the needs of the child or young person.

The panel, consisting of legal and specialist members, aims to ensure a fair and impartial assessment.

Once the tribunal reaches a decision, it is legally binding, providing a resolution to the dispute and safeguarding the educational rights of children and young people with special needs.

How do I challenge a SEND Tribunal?

If you disagree with the outcome of a SEND Tribunal decision, you can pursue further legal action.

One option is to apply for permission to appeal to the Upper Tribunal, the next stage within the tribunal system. However, it’s important to note that this is generally reserved for instances where there is a clear legal error.

There are strict deadlines for submitting an application to the Upper Tribunal, so it is important to act quickly if you want to appeal a SEND Tribunal decision via this route.

Seeking legal advice early on is important to assess the viability of your appeal and successfully navigate the next stage of the tribunal process.

Another way to challenge a SEND Tribunal is through alternative dispute resolution methods, such as mediation. These approaches offer opportunities to resolve disagreements amicably, potentially avoiding the need for further legal proceedings.

How can I prepare for a SEND Tribunal?

Some tips to consider when preparing for a SEND Tribunal include:

Gather relevant information: Compile all relevant documents, including educational records, assessments, reports, and correspondence with the local authority. These materials should support your case and highlight the specific needs of the child or young person.
Seek professional advice: Consider seeking advice from professionals with expertise in special education law. A solicitor or advocate can provide guidance on the legal aspects, ensuring that your case is presented effectively.
Prepare witness statements: If applicable, prepare witness statements from professionals involved in the child’s education, such as teachers, therapists, or medical experts. These statements can provide valuable perspectives on the child’s needs.
Attend mediation, if offered: Before going to a tribunal, explore mediation as an alternative dispute resolution. It can help in reaching an agreement without the need for a formal hearing.
Familiarise yourself with tribunal procedures: Understand the structure and procedures of the SEND Tribunal. This includes knowing how evidence is presented, questioning procedures, and the timeline of events.
Consider representation: Assess whether you need representation during the tribunal. A solicitor or advocate experienced in special education law can provide valuable support and ensure your case is presented comprehensively.

What evidence do I need for a SEND Tribunal?

Here’s a guide on the types of evidence you may need at a SEND Tribunal:

Educational records: Gather school records, progress reports, and any communication with the school or local authority. These documents provide insight into the child’s academic performance and interactions within the educational setting.
Assessment reports: Include educational, medical, and psychological assessments. These reports help establish the child’s specific needs and provide expert opinions on the required support.
Expert witness statements: If possible, obtain statements from professionals directly involved in the child’s education, such as teachers, special educational needs coordinators (SENCOs), therapists, or medical experts. Their perspectives carry weight in demonstrating the child’s needs.
Relevant correspondence: Include any letters, emails, or other written communication with the local authority regarding the provision of special educational needs. This can show the efforts made to resolve issues through dialogue.
Parental observations: Your observations and experiences as a parent or guardian are valuable. Document instances where you’ve noticed challenges or improvements in the child’s learning and development.
Education, Health and Care Plan (EHCP): If applicable, include the child’s EHCP plan, detailing the support and accommodations agreed upon for the child’s special educational needs.
Medical reports: Include medical documents that highlight any health-related issues affecting the child’s education and well-being.

Get in touch with our Education solicitors specialising in SEND Tribunals

The information given here is intended for general information purposes only and should not be taken as legal advice. Further information is available.