What is the Special Educational Needs and Disability Tribunal?
The Special Educational Needs and Disability Tribunal is an independent body that hears parents’ appeals against LEA decisions on statutory assessments and statements. The Tribunal also considers parent’ claims of disability discrimination in schools. For more information about how to make disability discrimination, contact the Disability helpline on 020 7925 5750 or visit the Tribunal website at www.sendist.gov.uk.
When can I appeal?
You can appeal to the Tribunal if:
- The LEA refuse to make a statutory assessment of your child, after you have asked them to
- The LEA refuse to make a statement for your child after an assessment
- You disagree with part 2, part 3, or part 4 of your child’s statement
- Your child already has a statement and the LEA refuse to assess your child again or change the name of the school in that statement
- The LEA decide to stop maintaining your child’s statement.
- You think your child has been discriminated against because of his or her disability
What happens at an appeal?
The Tribunal will look at the evidence and make a final decision which will be sent to you by post. The Tribunal’s decision is final as far as the facts of the case are concerned. However, both you and the LEA can appeal to the High Court against the Tribunal’s decision if you believe they got the law wrong. You can ask voluntary organisations, parents’ groups or your Independent Parental Supporter (IPS) to help you prepare your case and go with you to the hearing. You can also ask up to two professionals who know your child well to speak at the Tribunal.
How long do I have to appeal?
You should make an appeal no later than two months after the LEA make their decision. Only in exceptional cases can this time limit be extended.
Where can I get more information?
Information about appeals to the tribunal should be sent to you by the LEA. Ealing Parent Partnership has copies of the SEN Tribunal information booklets in English, Bengali, Chinese Greek, Gujerati, Hindi Punjabi, Turkish, Urdu and Vietnamese. You can get a copy by phoning 01325 392 555.
There is also a video ‘Right to be heard’, which gives those wanting to appeal a better idea of what to expect should the appeal proceed to a hearing. Copies can also be borrowed from Ealing Parent Partnership Charity. The video is available with English or Welsh subtitles for those with a hearing impairment. These can be obtained from the Tribunal (SENDIST). Windsor House 50 Victoria Street London SW1H 0NW.
For more information about how to make disability discrimination, contact the Disability helpline on 020 7925 5750 or visit the Tribunal website at wwwsendist.gov.uk