HOW TO APPEAL TO THE SEND TRIBUNAL
There is a six‑month time limit from the last act of alleged discrimination to submit an appeal. Before appealing, we would advise that as much evidence as possible is gathered to prove that discrimination happened. The tribunal will first decide whether the child or young person meets the definition of disability under the Equality Act 2010.
Bringing a case is free of charge.
The tribunal will register the parent/carer or young person’s claim within 10 working days of receiving it and notify the place of learning. They will then be informed of the hearing date. Claims are usually heard around 20 weeks after registration. A panel may include a judge and up to two specialists in SEND. Parent/Carers or young people may present their own case or appoint a representative.
Important Documents to Take
• Medical letters from GP or Pediatrician
• Letters from CAMHS
• Medical or professional diagnoses
• Relevant school information such as emails or letters
• Letters or referral forms from health or social care
• An explanation of how their disability affects daily activities
• The Education, Health and Care Plan (if applicable)
• A clear statement of the outcome the parent/carer or young person is seeking (not financial compensation)
What You Can Expect from a Decision
If the tribunal finds unlawful discrimination, it will outline this in the decision letter. The tribunal can order the place of learning to take reasonable steps to remedy the issue but cannot award financial compensation.
Written decisions are normally sent within 10 working days.
Possible actions include staff training, policy changes, extra tuition, relocating lessons or activities (not changing buildings), and providing opportunities the child or young person may have missed.
The place of learning must complete ordered actions within a set timeframe. Although the tribunal cannot enforce compliance, further steps can be taken via the Department for Education.