Tribunals
Updated: Sep 27
This article explores the Tribunal process in more detail. Tribunals make decisions about your child's EHCP, with the First Tier Tribunal (FTT) being responsible for SENDIST. A Tribunal can consider various EHCP issues, and the process is designed for parents to navigate. The hearings are less formal than court hearings, and attendees are expected to follow the procedural and Tribunal rules. You will be notified in writing of the hearing outcome within 10 to 14 days.
What are they?
Tribunals make decisions about your child's EHCP.
They were formed in 2007 by the Tribunals, Courts and Enforcement Act.
The FTT – First Tier Tribunal is also known as SENDIST.
Tribunals provide a specialist forum for resolving disputes in particular areas of law, using judges and specialist panel members with relevant expertise.
Members of the Tribunal have expert knowledge and experience on the subject being heard. The Tribunal process is intended to be accessible to parents, although many families find it helpful to seek advice and support.
What EHCP issues can I appeal to the First Tier Tribunal (FTT)?
A Tribunal can consider the following decisions if an LA:
Refuses to carry out an EHC NA (Education, Health and Care Needs Assessment)
Refuses to re-assess a child's needs
Refuses to issue an Education, Health and Care Plan (EHCP)
Refuses to amend an EHCP following an Annual Review
Decision to cease an EHCP
Disputes about the content of an EHCP once it has been finalised: Section B (the child's needs/difficulties), Section F (the child's provision), Section I (the educational environment or institution)
If no school or educational institution is named in Section I
Where health and social care issues are linked to an education appeal, the Tribunal may make non-binding recommendations regarding Sections C, D, G and H.
Failure to secure EHCP provisions or adhere to statutory time frames in Education, Health and Care Needs Assessments cannot be considered by a Tribunal but can be challenged through The LA's formal complaints process, The Local Government and Social Care Ombudsman or Judicial Review.
For SENDIST procedural rules in full, see here:
For SENDIST practice direction in full, see here:
School Consultations During and Appeal and What Happens if My Preferred School Says It Is Full?
When parents appeal to the SEND Tribunal about the school named in Section I of an EHCP, the Local Authority must usually consult the parents' preferred school or setting. It is important to understand that a school simply being "full" does not automatically mean it can refuse a child with an EHCP. During an appeal, the Tribunal will consider whether the school is suitable for the child's age, ability, aptitude and special educational needs, and whether admitting the child would be incompatible with the efficient education of others or the efficient use of resources. The school and Local Authority will normally be asked to provide evidence to support their position. If a school argues that it is full, it should explain why admitting an additional pupil would cause significant difficulties that could not reasonably be addressed. Parents can provide their own evidence about why the placement is appropriate and how the school could meet their child's needs. The Tribunal will then make an independent decision based on all of the evidence, and in some cases it can order a school to be named in an EHCP even where there are no current places available.
Tell me about the hearing.
Tribunals are not unnecessarily formal, but attendees are expected to follow the procedural and Tribunal rules. These include being appropriately dressed, not eating or drinking anything other than water during the hearing, and being respectful to all concerned.
Parties must not record Tribunal hearings without permission from the Tribunal.
Tribunal hearings are less formal than court hearings. Hearings may take place online, in person or in a hybrid format depending on the circumstances and Tribunal arrangements.
This helpful video (also available with BSL) will help ease any anxiety you may have surrounding what to expect and take you through:
How to prepare for the hearing
What will happen on the day
How you should behave in the hearing
The Tribunal may still proceed if any party fails to attend the hearing.
What is a Case Management Hearing (CMH)?
In some appeals, the Tribunal may arrange a Case Management Hearing before the final hearing takes place. A Case Management Hearing is not the same as the final Tribunal hearing. Instead, it is used to help manage the appeal and make sure everyone is clear about what needs to happen before the case can be decided.
A Judge may use a Case Management Hearing to:
Clarify the issues that remain in dispute.
Give directions about evidence that needs to be obtained.
Set deadlines for the parties.
Consider requests for witnesses to attend.
Resolve procedural issues.
Ensure the appeal progresses fairly and efficiently.
Case Management Hearings are usually conducted remotely by telephone or video call and are usually much shorter than the final hearing. Parents should prepare in the same way as they would for any Tribunal event and ensure they have read all relevant documents before attending. It may be helpful to book a meeting at one of our Tribunal Clinics to plan for a case management hearing. A clinic appointment can be booked here here.
What is Judicial Alternative Dispute Resolution (JADR)?
Judicial Alternative Dispute Resolution (JADR) is a meeting facilitated by a Tribunal Judge which aims to help parents and Local Authorities resolve some or all of the issues in dispute without the need for a full hearing. A JADR is not a final Tribunal hearing and no binding decision is imposed by the Judge at that stage. Instead, the Judge will explore the strengths and weaknesses of each party's position and encourage constructive discussions about whether agreement can be reached.
The benefits of JADR can include:
Earlier resolution of the appeal.
Reduced stress for both parties.
Avoiding the need for a lengthy final hearing.
Narrowing the issues that still require determination.
Providing an opportunity for productive discussions with the Local Authority.
If an agreement is reached, the appeal may be concluded without proceeding to a final hearing. If the issues cannot be fully resolved, the appeal will continue and be listed for a final hearing before a different Tribunal Judge.
Many appeals settle before reaching a final hearing, and JADR can be an effective way of achieving a positive outcome for children and young people without the uncertainty of waiting for a Tribunal decision.
It may be helpful to book a meeting at one of our Tribunal Clinics to plan for a JADR hearing. A clinic appointment can be booked here here.
Top Tip for Families
Whether you are attending a Case Management Hearing, JADR, or a final Tribunal hearing, remember that evidence is key. Independent professional reports, school records, progress data, and clear evidence of need and provision will generally carry more weight than personal opinion alone. Your focus should always be on demonstrating your child's special educational needs and the provision required to meet those needs.
When will I be notified of the outcome of the hearing?
You will usually be notified in writing as soon as is 'reasonably practicable'. Tribunal decisions are usually issued in writing within a few weeks of the hearing.
When you receive the decision, read it through carefully.
Should the Tribunal be in your favour – congratulations! Success is what we all strive for, and the relief can be overwhelming. Take some time to let this sink in and become a reality after all the hard work and commitments from everyone involved. You did it!
Should you have been unsuccessful, you must analyse the reasons and consider your expectations for success and the evidence provided. Success can only be achieved with evidence, no matter how much money you have spent on representation. Facts, evidence, and high-quality assessments are key to success. Not having sufficient evidence and relying on your own personal views and disagreements will not be enough to ensure a successful result. Failure is also overwhelming and will require time to accept and consider the future steps you wish to take.
Following a Tribunal decision, a party may seek permission to appeal to the Upper Tribunal if they believe the First-tier Tribunal has made an error of law.
If you require support with the Tribunal process, please feel free to contact us. We are always happy to help.
Where do I go from here?
For further information on specific appeals please see:
What happens after a Tribunal hearing?
If you require additional support, find out how Empowering Families of Children with SEND can help you here.
If you have any questions, come and find us on our Facebook Group, we are always available to provide professional support there.
Our YouTube channel has over 125 support videos.
For more information about how Empowering Families can help you, email appeals@empoweringSENDfamilies.co.uk
And book a meeting with us here.
We are, and always will be, Stronger Together.
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