Appealing about special education

Appeals against decisions by local authorities related to assessments and statements of special educational needs are made to an independent body. This is known as the First-Tier Tribunal for Special Educational Needs and Disability (SEND). The tribunal in England receives more appeals about autism than any other type of SEN.

You can appeal if:

  • the local authority refuses to carry out a statutory assessment of your child’s special educational needs
  • the local authority refuses to carry out a statutory re-assessment of your child’s special educational needs
  • the local authority refuses to issue a statement after carrying out a statutory assessment
  • following the issue of a final statement, an amended final statement, or the refusal to amend a statement following reassessment, you disagree with:
    • the description of your child’s special educational needs
    • the description of the special educational help
    • the school named or the fact that no school has been named
  • the local authority refuses to change the school named in the statement
  • or the local authority decides to cease to maintain (end) your child’s statement.

You have to appeal within two months of the date the local authority sends you a letter telling you of your right to appeal. The form for appealing is included in ‘How to Appeal a SEN decision: a guide for parents’. This is available from the SEND websites – www.sendist.gov.uk for England and www.sentw.gov.uk for Wales.