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Changes to the special educational needs and disability tribunal

Changes to the special educational needs and disability (SEND) tribunal

The national trial and the SEND Tribunal

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The special educational needs and disability (SEND) Tribunal are responsible for handling appeals against local authority decisions regarding special educational needs. 

Previously they could only make recommendations about education aspects of Education, Health and Care (EHC) Plans. 

They can now make recommendations about health and social care aspects EHC Plans issued from 3 April 2018.

This is a trial and will run for 2 years.

What this means is that you can ask for recommendations to be made to all parts of the EHC (Education, Health and Care) Plan and not just the Education aspect.

Appeals can't be made just on health and social care issues, you'll also need to ask for recommendations to be made about the education aspects too.

Before your appeal can be heard by the special educational needs and disability (SEND) Tribunal you'll need to follow our appeals procedure first.

You can find the forms you'll need and advice on the Government website. 

The HM Courts and Tribunals service have produced a series of videos explaining the SEND Tribunal process.

Recommendations made by the SEND Tribunal to health and social care aspects of EHC Plans aren't legally enforceable. However we and the health commissioner are expected to follow the recommendations.

If the recommendations aren't followed, we'll put the reasons in writing to you and to the Department for Education.

You can make a complaint to the:


And seek to have the decision judicially reviewed. 

For further information go to the  courts and tribunals judiciary website.

Further useful information can be found on the following websites:

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