Tribunals
- Sarah
- Nov 17, 2025
- 4 min read
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 were set up to administer areas of law that were subject to change (for example, due to case law) and had the potential to be complex in content.
Members of the Tribunal have expert knowledge and experience on the subject being heard. Therefore, the process is designed for parents to navigate.
What EHCP issues are appealable 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
Failure to include a social care assessment
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:
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.
You must not record any part of the hearing; SENDIST themselves now records hearings to assist with the final decision-making.
Tribunal hearings are less formal than court hearings. They are currently being heard online using encrypted software at the time of writing. 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.
When will I be notified of the outcome of the hearing?
You will usually be notified in writing as soon as is 'reasonably practicable'. This can be as long as 10 to 14 days following the hearing.
When you receive the decision, read it through carefully. It is the final outcome of a very long journey, a standard to accept and move forward, especially if you are disappointed.
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.
If you require support with the Tribunal process, please feel free to contact us. We are always happy to help.
So, 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.
You can find testimonials to our bespoke services on our website and Facebook Business page here.
