SEND appeals to the First-tier Tribunal and extended powers
The First-tier Tribunal is an independent national tribunal service. The Special Educational Needs and Disability (SEND) chamber is called the SEND Tribunal. They have the power to direct us and overrule any relevant decisions.
The SEND Tribunal can direct us to:
- carry out an Education, Health and Care (EHC) plan assessment or reassessment
- issue an EHC plan
- amend Sections B (needs), F (provision), and I (placement) of an EHC plan
- continue to maintain an EHC plan.
Find out more about SEND Tribunals on GOV.UK.
When you can appeal
You must have a mediation certificate before making an appeal. Find out more about mediation.
You do not need a mediation certificate if you're appealing about Section I of your EHC plan.
You must make your appeal within:
- 2 months of when you received your decision letter from us
- 30 days from the date you received your mediation certificate.
How to make an appeal
Your decision letter following mediation will include instructions on how to make an appeal to the SEND Tribunal.
You can also make your appeal online through GOV.UK.
If you need help making your appeal, visit the SENDIASS website for more advice.
Extended powers
When appealing about your child’s EHC plan, the SEND Tribunal has extended powers.
These powers mean the SEND Tribunal will consider health and social care and puts responsibility on our SEND team to:
- provide evidence to the tribunal from health and social care bodies responding to the issues raised
- seek permission to bring additional witnesses from health and social care to the hearing as necessary.
You can request the SEND Tribunal makes recommendations about the health and social care aspects of your child’s EHC plan. You must request these whilst appealing to the SEND Tribunal.
There must be an education aspect live throughout the appeal. If mediation resolves education issues, you will not be able to appeal any health and social care aspect of the EHC plan.
If the SEND Tribunal makes a recommendation about health or social care elements of an EHC plan, this is not legally binding. However, we're generally expected to follow their recommendations.
If we do not follow a recommendation, the reasons will be explained to you in writing.
Responsibility of health and social care commissioners
The extended powers mean health and social care commissioners must:
- respond to the SEND Tribunals requests for information and evidence
- send a witness to attend the hearing if required
- respond to you and us within 5 weeks of a recommendation being made by the SEND Tribunal.
The response from the health and social care commissioner must:
- detail how it will follow recommendations
- give reasons why they're not following recommendations.
Contact our SEND appeals team
You can contact us throughout your appeal.
Email SENDappeals@medway.gov.uk with your appeal reference number.