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The Special Educational Needs Disability (SEND) tribunal is changing

The Special Educational Needs Disability (SEND) tribunal is changing

 Starting on 3 April 2018, the SEND tribunal will have some new powers.

SEND tribunal can now look at health and social care concerns too

Since 2018, the First-tier Tribunal (Special Educational Needs and Disability) has been able to make legally binding recommendations in relation to the Health and Social Care elements of the EHCP. 

The tribunal can issue recommendations about:

  • Section C (health needs related to SEN)
  • Section G (health provision)
  • Section D (social care needs)
  • Section H1/H2 (social care provision)

What the SEN Tribunal cannot do

  • It cannot force the NHS to deliver health provision
  • Health recommendations are not legally binding on the NHS. However, NHS bodies are expected to respond in writing and explain what they will do. In practice, many health bodies comply because ignoring a tribunal recommendation is difficult to justify.
  • It cannot compel social care services in the same way it compels education
  • Social care recommendations are also not binding, but local authorities must give a written response and justify any refusal.

You still need an education complaint to go to tribunal

One important thing to understand is that you cannot go to a SEND tribunal if you do not have an education complaint – a health or social care complaint without a special educational concern does not enable you to use the SEND tribunal which must be “triggered” by a special educational concern.  More information on what is included in a special educational concern, and how to appeal, is set out on GOV.UK.

This gives families single route of redress

Previously, the tribunal had no powers over the health and social care aspects of a plan. Now, sections B (needs), F (provision), I (placement), C (health needs), G (health provision), D (social care need) and H (social care provision can all be discussed during the appeal. 

More information 

  • Your local Information, Advice and Support Service(IASS) – IASS can provide free, impartial advice about the law on SEN, local SEN arrangements and support, the trial and your rights.  It can provide support with managing appeals, including support with preparing cases and attendance at hearings.
  • GOV.UKTribunal website – This includes advice on making SEND appeals to the Tribunal and links to the appeal form.
  • Your local authority’s Local Offer– This contains further information on the trial, including links to other organisations that provide support.