SEND Tribunals and Appeals

( Formerly SENDIST )

What you can appeal about?

You can appeal if the LA:

• Will not carry out a statutory assessment of your child s special educational needs, following a request by you or by your child’s school

• Refuses to issue a statement of your child s special educational needs, after a statutory assessment

• Refuses to reassess your child s special educational needs if the LA has not made a new assessment for at least six months, following a request by you or by your child’s school

• Decides not to maintain your child s statement

• Decides not to change the statement after reassessing your child

• Refuses to change the school named in your child s statement, if the statement is at least one year old and the school is a maintained school. However this is limited to the same type of school as the school named in the statement and it is not possible to ask us to alter Parts 2 or 3

• Refuses to amend  a Statement following an Annual Review; in this case you can appeal about Parts 2,3 and/or 4 of a Statement

If the LA has made a statement, or has changed a previous statement or has refused to amend a statement following an annual review , you can appeal against any or all of:

• Part 2 : The part which describes your child s special educational needs

• Part 3: The part which sets out the special educational provision (help) that the LA thinks your child should receive

• Part 4: The school or type of school named in part 4 of the statement

• The LA not naming a school in part 4

If you disagree with parts 2 or 3 of the statement, you will need to give reasons why and explain what changes you would like made.

If you disagree with either the school named or the type of school described in part 4, then you will need to ensure that you tell the Tribunal the name or the type of school you want your child to attend. You also need to give reasons why you think the school you have asked for is suitable for your child.

If you cannot name a particular school, you can describe the type of school you want naming in part 4. You can then ask the Tribunal during the course of an appeal to amend you appeal and name a particular school or you can ask them to name a type of school

The LA does not have to name a school in part 4 of the statement if it is satisfied that you are making suitable alternative arrangements for your child s special education as set out in the statement. If, in that event, you are unhappy that the LA has not named a school in part 4 then you will have to explain why.

The Tribunal cannot deal with the following issues:

• You are unhappy about the way the LA carried out the assessment,or the length of time that it took

• You are unhappy about how the LA or the school is arranging to provide the help set out in your child s statement

• You are unhappy about the way the school is meeting your childs needs at School Action or School Action Plus

• You are unhappy about the description in parts 5 and 6 of the statement of your child s non-educational needs or how the LA plans to meet those needs

• The LA refused to name an independent school (which normally charges fees for a child s education), a non-maintained school (a special school that normally charges fees) or a different type of school (e.g. a special school when your child currently attends a mainstream school or the other way around) where you asked for a change to part 4 in a statement that was at least a year old. However you could appeal after an annual review in respect of Part 4 in this situation

How long do I have to appeal?

You have 2 months from the date the LA sent you their decision to appeal to the Tribunal.

How long does an Appeal take?

Approximately 5-6 months from registering an appeal to receiving the decision. However if the appeal concerns a secondary or a phase transfer the Tribunal will try and hear the appeal and issue a decision within 12 weeks .

  The LA then have a period of time in which to carry out the Tribunal’s decision. The length of time depends on the type of Appeal.