Understanding the Tribunal Process
If your child has been denied an Education, Health, and Care Plan (EHCP) or a suitable school placement, you may need to appeal through the First-tier Tribunal (SENDIST). This process can feel overwhelming, but preparation is key to achieving a successful outcome.
With increasing pressure on SEND services and school placements in 2025, it’s more important than ever to build a strong case, understand your rights, and prepare effectively.
Key Steps to Prepare for a Tribunal
1. Understand the Deadlines
- You must submit your appeal within two months of the decision letter from your local authority (LA) or one month after receiving a mediation certificate—whichever is later.
- If you are appealing a school placement decision, this typically follows an EHCP finalisation.
2. Gather Strong Evidence
To strengthen your case, collect: ✅ Professional Reports – Private and NHS assessments (e.g., Educational Psychologist, Speech and Language, Occupational Therapy)
✅ School Reports – Any evidence from teachers or SENCOs highlighting your child’s needs
✅ Medical Documentation – GP or consultant letters confirming diagnoses and additional support requirements
✅ Parent and Pupil Statements – A detailed account of how your child’s needs are (or are not) being met in their current setting
💡 Tip: If you believe your child’s current school is unsuitable, gather behaviour logs, exclusions, and progress reports showing unmet needs.
3. Consider Mediation
Before submitting an appeal, you must attempt mediation unless you are only appealing a school placement.
- Mediation can lead to a resolution without going to Tribunal.
- You’ll receive a mediation certificate, even if you choose not to proceed with the session.
4. Prepare Your Tribunal Bundle
- You will need to submit all your documents to the Tribunal Service before the deadline.
- You’ll receive a hearing date, usually within 12-14 weeks of submitting your appeal.
- Be ready to present your case and answer questions from a panel of legal and education experts.
5. Know What to Expect at the Hearing
- Remote or in-person hearings: Most are now conducted remotely via video call.
- Structure of the hearing: 1️⃣ The judge will introduce the case.
2️⃣ You (or your representative) will explain why you are appealing.
3️⃣ The LA will respond with their arguments.
4️⃣ Witnesses (such as experts or school staff) may give evidence.
5️⃣ The panel asks questions and makes a final decision (which may take up to 10 working days).
6. Get Support & Legal Help
You don’t need a lawyer, but specialist SEND legal advice can make a huge difference.
✔ Charities & Free Legal Advice:
- IPSEA (www.ipsea.org.uk)
- SOS! SEN (www.sossen.org.uk)
- SENDIASS (Local independent services)
✔ Specialist SEND Solicitors:
If you want formal representation, you can hire a solicitor with experience in SEND Tribunal cases.
How AskEllie Can Help You Win Your Tribunal
Ellie is a free AI-powered assistant that simplifies legal guidance for parents.
🔹 Get clear, step-by-step advice on preparing your appeal.
🔹 Draft letters & responses to the local authority.
🔹 Understand Tribunal procedures without complex legal jargon.
🔹 Find relevant laws and regulations quickly.
🔹 24/7 access—whenever you need support.
With Ellie V2 now available on Telegram, you can get instant help on your phone, anytime. Try it here:
📲 https://t.me/AskEllieBot
Final Thoughts
Appealing an EHCP or school placement decision can be daunting, but preparation, evidence, and the right support can significantly improve your chances of success.
🚀 You are not alone—Ellie and specialist SEND organisations are here to help you fight for your child’s rights.
💜 Try Ellie now at www.askellie.co.uk to start preparing for your Tribunal today!
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