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You are here: Home Page > Education and Learning > Parental Support > SEND Advice > How to appeal to the Tribunal

How to appeal to the Tribunal

Appealing to the SEN and Disability Tribunal (SENDIST)

 

 SEND FORM 24:

Use this form to appeal to the tribunal against a decision by the local authority about your child's special educational needs and disabilities

 

 Form 4A: Use this form to make a disability discrimination claim against your child's school.

 

What is the SEN and Disability Tribunal?

 The First-tier Tribunal Health Education & Social Care Chamber (Special Educational Needs and Disabilities) is part of the system of courts and tribunals which decides appeals and claims.

 The Tribunal is a panel of independent people that hear appeals against decisions made by Local Authorities about children with SEND, and claims against schools for disability discrimination.

 

Appeals against local authority decisions on SEND

You can appeal to the First-tier Tribunal (Special Educational Needs and Disability) if you disagree with your local authority’s decisions about your child’s special educational needs - for example if they refuse to:

 

·         assess your child’s educational, health and care (EHC) needs

·         create an Education, Health and Care Plan

·         reassess their special educational needs

·         change what’s in your child’s special educational needs statement or EHC plan

The tribunal must receive your appeal within 2 months of you getting the letter about the decision.

 

Claims against disability discrimination in schools

 

What is a disability?

Disability is one of the 'protected characteristics' within the provisions of Equality Act 2010. The Act defines a disability as a 'physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities.'

 

What are the school's duties?

Schools must not discriminate against a pupil because of disability in relation to admissions, the provision of education and exclusions. It is also unlawful for a school to harass or victimise an applicant or pupil because of disability. For more information on disability discrimination please access the link below

 

SEND 4 : A guide for parents on how to make a disability discrimination claim.

 If you have any questions or would like further advice about the tribunal, please do not hesitate to contact us.

 

For more information on the Tribunal's procedures and links to all their appeal forms, please click on the link below:

Forms and Guidance

 

 

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