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Working out whether the Tribunal is the right route

General information about which disagreements the First-tier Tribunal (SEND) decides and which go elsewhere. It is not legal advice and it does not tell you whether you would succeed.

Timing

Estimated deadline

Where an appeal route exists, the Tribunal must receive the appeal within two months of the date on the decision letter, or one month from the date of a mediation certificate — whichever is later. A disability discrimination claim runs to a different clock: six months from the act complained of, which the Tribunal can extend.

Evidence to gather

  • The decision letterIt names the decision and carries the date any deadline runs from.
  • The plan, if there is oneAppeals about content are argued from the exact wording.
  • Your correspondence with the councilIt shows what was asked, what was answered, and what was not.

The steps

  1. 1

    Start from the decision, not the frustration

    The Tribunal considers council decisions: refusing to assess or reassess, refusing to issue a plan, what a final or amended plan says about needs, provision and placement, a decision not to amend after a review, and a decision to cease a plan.

  2. 2

    Check what it does not decide

    Delay and day-to-day delivery of support are not Tribunal matters; they go through complaint routes. Complaints about a school generally do too — but a disability discrimination claim about a school is made to this same Tribunal.

  3. 3

    Check the date on the decision letter

    If there is a route, there is a deadline, and it runs from the letter. Find that date before deciding anything else.

  4. 4

    Contact a mediation adviser

    Required before registering most appeals, and it does not commit you to taking part in mediation.

  5. 5

    Decide with support where the stakes are high

    Free national advice services exist for SEND, and a solicitor is worth considering for complex cases. This page is not a substitute for either.

Where this comes from3 sources

  • SEND code of practice: 0 to 25 years

    Department for Education and Department of Health and Social Care

    Last checked

  • Equality Act 2010

    UK Parliament

    Last checked

  • First-tier Tribunal (Special Educational Needs and Disability)

    HM Courts & Tribunals Service

    Last checked

Work out where you stand

The free check helps you name the decision you’re dealing with, which is the first step in choosing a route.

Start the free check