If your local authority has refused to carry out an EHC needs assessment, declined to issue an Education, Health and Care (EHC) plan, or made a decision you disagree with, you have the right to challenge it. Understanding the difference between SEND mediation and appealing to the SEND Tribunal helps you choose the most suitable path for your situation.
Both routes exist to make sure children and young people with special educational needs and disabilities receive the support they are entitled to under the Education, Health and Care framework.
When You Can Appeal or Mediate
Parents and carers can challenge certain decisions made by the local authority, such as:
• Refusing to carry out an EHC needs assessment
• Deciding not to issue an EHC plan after assessment
• The contents of a final plan, including provision or school named
• A decision to cease to maintain an existing plan
You must receive a decision letter from the local authority explaining the outcome of your request or review. This letter also tells you whether you can appeal or use mediation. You have two months from the date of the decision letter to start mediation or submit your tribunal appeal.
What Is SEND Mediation
SEND mediation is an informal process that allows families and local authorities to resolve disagreements with the help of an independent mediator. It is free to use and often quicker and less stressful than going straight to a tribunal.
Mediation focuses on open communication and finding practical solutions. It is suitable when both sides are willing to discuss the issue and work towards agreement. For example, if the authority has refused an EHC needs assessment, mediation gives you the chance to share new evidence or clarify why further support is needed.
A trained mediator facilitates the meeting, ensuring everyone has the opportunity to speak and that your concerns are clearly understood. You can bring a friend, advocate, or legal representative if you wish.
If an agreement is reached, the local authority must follow through on what has been decided. This might mean carrying out the assessment, changing sections of the Education, Health and Care plan, or reconsidering a placement decision.
The Mediation Certificate
Before you can appeal to the SEND Tribunal, you must contact an approved mediation adviser. They will explain the process and your options.
If you decide to try mediation, a date is arranged, usually within 30 days. After mediation, you will receive a mediation certificate confirming that mediation has taken place or that you chose not to proceed.
This certificate is essential, as it must be included with your tribunal appeal form. Without it, the tribunal will not consider your case. However, if your appeal only relates to placement, health, or social care sections, you can usually go straight to tribunal without attempting mediation first.
What Is the SEND Tribunal
The SEND Tribunal is a more formal legal process where an independent panel reviews your case. The tribunal has the authority to overturn local authority decisions if they are found to be incorrect or unfair.
You can appeal to the SEND Tribunal if you disagree with a decision about your child’s EHC plan, an EHC needs assessment, or if the authority decides to cease to maintain a plan.
To begin, you complete a tribunal appeal form and submit it with your decision letter and mediation certificate. You can also include supporting documents, such as reports from teachers, therapists, or medical professionals.
After reviewing your appeal, the tribunal will set a hearing date, which usually takes place within 12 to 20 weeks. During the hearing, both sides present their evidence and the panel decides based on the law and facts.
Tribunal panels are independent of local authorities and consist of a judge and specialist members experienced in education and SEND. The hearing is designed to be parent friendly, and you do not need a lawyer, although some families choose to seek legal advice.
The Tribunal Decision
Once the hearing has taken place, the SEND Tribunal will issue its written decision, usually within a few weeks. The tribunal may:
• Order the local authority to carry out an EHC needs assessment
• Require the authority to issue or amend an Education, Health and Care plan
• Direct changes to specific parts of the plan, such as provision or placement
• Confirm that the authority’s decision was correct
Tribunal decisions are legally binding, and the local authority must act on them within a set timeframe. If the authority fails to comply, you can raise the issue with the tribunal service for enforcement.
Choosing Between Mediation and Tribunal
Mediation and tribunal both serve the same goal: ensuring that children and young people with special educational needs and disabilities receive appropriate support. The difference lies in formality and timescale.
• Mediation is quicker and encourages cooperation. It is useful when communication has broken down but both parties are open to finding a solution.
• Tribunal is a legal process that provides an independent judgment if agreement cannot be reached.
Many families choose to try mediation first. If it does not resolve the issue, you still retain the right to appeal to the SEND Tribunal within two months from the date of your decision letter.
How SEND Family Guidance Can Help
At SEND Family Guidance, we understand how stressful these situations can be. Our team helps parents and carers understand their rights, prepare for mediation or tribunal, and ensure that their voices are heard.
Whether you need support writing your appeal, understanding your Education, Health and Care (EHC) documents, or communicating with your local authority, we are here to guide you every step of the way.
Our aim is simple to make sure every child or young person receives fair, lawful, and effective support for their special educational needs and disabilities.
