What to do if the LA refuses to assess, issues an EHCP you disagree with, or names the wrong school.
9 min read
Before most SEND Tribunal appeals, you must contact an independent mediation adviser. The LA must provide you with mediation information. You do not have to attend mediation - you can ask for a mediation certificate and proceed to appeal. Some placement-only appeals do not require mediation advice first. Mediation is free and can sometimes resolve issues without going to tribunal. If you decide to attend, you can bring a friend or advocate.
The First-tier Tribunal (Special Educational Needs and Disability) is a free legal process. You can appeal if the LA refuses to assess, refuses to issue an EHCP, issues a plan you disagree with, names the wrong school, or stops maintaining an EHCP. Appeals usually need to be made within 2 months of the LA's decision, or 1 month from a mediation certificate, whichever is later.
A refusal can make you feel like the door has closed. It has not. Ministry of Justice statistics for 2024/25 say 99% of SEN appeals decided by the tribunal were in favour of the appellant for the majority of their appeal. That does not include appeals settled or withdrawn before a decision, and it does not guarantee any one case, but it shows that many councils are challenged successfully. Keep evidence, meet deadlines, and get advice if you can.
Strong evidence is the key to winning an appeal. Gather professional reports (educational psychologist, speech therapy, occupational therapy), school records showing the gap between your child's needs and current provision, examples of what is working and what is not, and letters of support from professionals. The SEND Tribunal looks at the evidence, not the strength of your argument alone. Organisations like IPSEA provide free legal advice and can help you prepare.
Judicial Alternative Dispute Resolution (JADR) is a short online hearing with a SEND Tribunal judge. It is mainly used for appeals about Section I only - the school or type of school named in the EHCP. The judge gives a view on the case and checks whether agreement is possible. It is optional and it does not replace a full hearing if no agreement is reached.
The tribunal is intended to be less formal than a court. You can represent yourself or be represented by a solicitor, advocate, or charity. The LA will present their case, then you present yours. The panel will ask questions. A decision is usually sent after the hearing. It is tough, but many families do get the decision changed.
Even without appealing, you can file a formal complaint with the LA about delays or failures in the EHCP process. If the complaint is not resolved, you can escalate to the Local Government and Social Care Ombudsman. The Ombudsman can recommend remedies such as an apology, specific action, service improvements, or a financial payment. This is separate from the tribunal process and can run alongside it.
Last reviewed: 18 June 2026
