We begin by reviewing:

• the local authority’s decision;
• the date of the decision;
• the mediation position;
• the appeal deadline;
• the nature of the disputed issue;
• whether tribunal preparation is the appropriate route.

Where the issue is instead about existing provision not being delivered, an overdue process or another administrative failure, we will distinguish that from an appeal about the plan or decision.

We identify:

• the decision being challenged;
• each issue in dispute;
• the outcome sought;
• the relevant EHCP section;
• the evidence supporting the requested outcome;
• remaining evidence gaps.

This creates a concise appeal map that can guide the rest of the preparation.

A tribunal chronology should identify the events that materially explain the appeal.

It may cover:

• when concerns first emerged;
• SEN support and interventions;
• assessments;
• changes in need;
• attendance or placement difficulty;
• annual reviews;
• professional recommendations;
• EHC assessment decisions;
• draft and final plans;
• local authority decisions;
• mediation;
• important developments after the appeal began.

A useful chronology is selective and evidential. It is not simply every email placed in date order.

Navigate SEND can help structure a clear account of:

• what the local authority decided;
• why that decision is disputed;
• what the evidence shows;
• what change or order is being requested.

This is professional case-preparation support rather than legal advice. Where legal grounds or legal submissions require specialist input, they should be settled by the family’s solicitor or other legal adviser.

We review whether the available material answers the actual tribunal questions.

Relevant evidence may include:

• the local authority’s decision letter;
• the current, draft or amended EHCP;
• Section K appendices;
• school or college records;
• SEN support plans;
• annual review papers;
• progress and attainment evidence;
• attendance information;
• reduced timetable records;
• professional reports;
• witness statements;
• placement information;
• costings;
• the child or young person’s views;
• correspondence relevant to the decision.

The tribunal bundle may include letters, emails, reports, statements, school information, examples of work, placement documents and other evidence already exchanged between the parties.

We identify whether further information is genuinely required.

This may include questions such as:

• Is there current evidence of need?
• Does the report explain educational impact?
• Are recommendations sufficiently specific?
• Is there evidence about the proposed placement?
• Does a professional need to clarify an earlier report?
• Is there evidence about what support has already been attempted?
• Is there a current account of the child or young person’s wishes?
• Is the evidence focused on the issue the tribunal must determine?

The aim is not to commission every possible assessment. Additional evidence should answer a defined question.

Where the contents of an EHCP are being appealed, the working document becomes a central part of the case.

The working document shows:

• the local authority’s current wording;
• wording agreed by both parties;
• wording proposed by the parent or young person;
• wording proposed by the local authority;
• the matters that remain for the tribunal to decide.

HMCTS describes the working document as the joint document showing the changes each party seeks or agrees and the remaining issues for the hearing.

Navigate SEND can help:

• review Section B for accuracy and completeness;
• connect each need to appropriate Section F provision;
• identify vague or unenforceable wording;
• review proposed outcomes;
• examine placement implications;
• compare the wording with professional recommendations;
• record agreed and disputed amendments consistently;
• keep the document focused on the live appeal.

The final agreed working document is normally sent to the tribunal before the hearing in accordance with the case directions; HMCTS guidance for local authorities refers to a final version at least ten working days before the hearing.

A witness should have a defined purpose.

We can help identify:

• what question each witness can answer;
• whether their written evidence is sufficient;
• whether clarification is needed;
• where two professional opinions differ;
• which witness knows the child or young person directly;
• which witness can explain the proposed placement;
• whether the evidence is current and within the witness’s expertise.

Witness planning may involve:

• a parent or young person;
• a SENCO or teacher;
• a therapist;
• a psychologist;
• a case manager;
• a placement representative;
• another professional with direct knowledge of the disputed issue.

Following registration, the tribunal issues directions and key dates.

Preparation may include:

• creating a deadline tracker;
• reviewing the local authority response;
• identifying missing documents;
• preparing requests for changes where necessary;
• reviewing witness and attendance information;
• checking evidence submission dates;
• preparing for case-review stages;
• ensuring the working document remains current;
• coordinating the professional team.

The tribunal normally reviews the appeal and responds within 25 working days. It then sends the appeal to the local authority, which normally has 30 working days to respond. The exact timetable and evidence deadlines are set by the tribunal’s directions in the individual case.

We can help prepare:

• a concise case overview;
• the remaining issues in dispute;
• the outcome sought for each issue;
• a bundle-navigation guide;
• the key documents and page references;
• the role of each witness;
• questions the evidence may need to answer;
• points requiring clarification;
• a hearing-day checklist;
• reasonable-adjustment or communication considerations.

The aim is not to script every answer. It is to ensure that the evidence can be explained calmly, accurately and consistently.

Following the decision, support may include:

• reviewing what the tribunal ordered;
• comparing the order with the final EHCP;
• identifying implementation deadlines;
• checking whether further clarification or professional input is required;
• distinguishing implementation concerns from any potential review, set-aside or Upper Tribunal issue.

The precise output depends on the appeal and the agreed scope.

A tribunal preparation package may include:

• an initial deadline and pathway review;
• an appeal issues matrix;
• a concise case chronology;
• an evidence index;
• an evidence-gap analysis;
• a structured case summary;
• support preparing the factual and professional basis of the appeal;
• a reviewed or developed EHCP working document;
• proposed Section B and Section F wording;
• a witness and professional-evidence plan;
• a tribunal directions tracker;
• a hearing preparation note;
• a bundle-navigation document;
• post-decision implementation guidance.

Before work begins, we confirm:

• what will be reviewed;
• what output will be produced;
• what is outside scope;
• the fee;
• the timescale;
• whether any meeting or hearing attendance is included.

Navigate SEND is not a law firm.

The core tribunal preparation service does not include:

• solicitor or barrister representation;
• formal legal advice;
• advice on prospects expressed as a legal opinion;
• guaranteed tribunal outcomes;
• unrestricted correspondence or case management beyond the agreed scope;
• automatic attendance at mediation or the hearing;
• an independent expert report unless separately commissioned;
• legal aid advice or administration.

This is consistent with Navigate SEND’s existing service boundary: professional SEND and evidence support may be provided, but legal representation should be obtained from an appropriately qualified legal professional where required.

Hearing attendance and non-legal advocacy

Hearing attendance or non-legal advocacy may be considered where:

• it falls within the agreed professional role;
• the role is clearly distinguished from legal representation;
• there is sufficient preparation time;
• the case is within competence;
• the scope and fee are agreed separately.

Independent expert evidence

Where Matt Bell is instructed as an independent expert witness, that role must remain independent.

The same professional should not act both as the party’s advocate and as an independent expert in the same matter. Expert evidence, advocacy and case-preparation roles must be defined clearly before work begins.

A parent or young person can present their own case and is not required to instruct a solicitor simply to attend the hearing. GOV.UK confirms that appellants may present the case themselves and may also attend with a representative or witnesses.

Legal advice may be particularly helpful where:

• the appeal involves complex legal interpretation;
• there are jurisdictional issues;
• the local authority applies to strike out part of the appeal;
• there is a disputed question about who can appeal;
• the case involves an Upper Tribunal issue;
• judicial review or another court process may be relevant;
• there are overlapping discrimination or public-law issues.

Navigate SEND can work alongside a solicitor by concentrating on the educational, psychological, evidential and practical aspects of the case.

The required implementation period depends on the order.

Current GOV.UK guidance states that a local authority must normally:

If the ordered action is not implemented, that may require a separate enforcement, complaint or legal strategy.

Depending on the circumstances, it may be possible to:

• ask for the decision to be set aside because of a procedural problem;
• ask the tribunal to review the decision;
• seek permission to appeal to the Upper Tribunal where there may have been an error of law.

A request for permission to appeal to the Upper Tribunal must normally be made within 28 days of the First-tier Tribunal decision letter. Specialist legal advice should be obtained promptly where an error of law may be alleged.

Upper Tribunal work is not included automatically within the standard Navigate SEND tribunal preparation package.

Where there is a live educational appeal, the appellant can also ask the SEND Tribunal to make recommendations about the health and social care aspects of the EHCP.

The educational issue must remain live throughout the appeal.

The tribunal’s decisions about the educational appeal are binding. Its health and social care recommendations are not legally binding, although the responsible bodies are expected to consider them and explain their response.

Navigate SEND can help:

• identify the relevant health or social care issue;
• distinguish educational provision from health or care provision;
• organise the supporting evidence;
• consider whether the issue is properly connected to the live educational appeal;
• coordinate with the relevant professionals;
• set out the requested recommendation clearly.

This may be particularly relevant where the case involves:

• therapy;
• personal care;
• social-care support;
• short breaks;
• preparation for adulthood;
• community access;
• health provision affecting access to education;
• coordination between education, health and care services.

No.

A disability-discrimination claim against the responsible body of a school is a separate SEND Tribunal process with different legal tests, forms and deadlines.

Such claims generally need to be received within six months of the alleged discrimination. Current forms include SEND4A for a parent’s claim and SEND4B for a young person’s claim. The tribunal can order remedies but cannot award financial compensation.

This page is primarily about appeals concerning EHC needs assessments and EHCP decisions.

Where the case may involve both an EHCP appeal and disability discrimination, the two routes should be scoped separately.

Parents and carers

For families challenging a local authority decision or preparing an appeal about an EHCP, provision or placement.

Young people

For eligible young people appealing their own EHC assessment or plan decision.

A young person over school leaving age and under 25 may be able to appeal where the statutory education or training conditions are met.

Case managers and therapists

For professionals supporting a family where educational, therapeutic, rehabilitation and tribunal evidence need coordinating.

Schools and colleges

For settings contributing evidence, preparing professional statements or helping clarify what provision is required.

Solicitors and legal teams

For legal teams needing structured educational, psychological or SEND analysis, chronology, evidence mapping, working-document support or professional coordination.

Professional deputies

For cases where education, statutory provision, private funding and long-term planning intersect.

Navigate SEND brings together professional experience in:

• occupational psychology;
• teaching;
• SENCO practice;
• school leadership;
• regional SEND leadership;
• EHCP analysis;
• EOTAS and failed-placement cases;
• complex multi-agency planning;
• education-to-adulthood transition.

The focus is on turning diffuse information into a coherent professional case:

What is disputed? What change is sought? What evidence supports it? What remains missing?

Check the decision letter and deadline, contact the mediation service where required, obtain the mediation certificate and lodge the appeal online or using the appropriate tribunal form.

SEND35A is used for a refusal to carry out an EHC needs assessment. SEND35 is used for most other EHC needs and EHCP appeals.

The appeal normally needs to reach the tribunal within two months of the decision letter or one month after the mediation certificate, whichever is later.

You normally have to contact a mediation adviser, but you do not have to take part in mediation to obtain a certificate.

Mediation advice is not normally required where the appeal is solely about the placement named in Section I.

It is the version of the EHCP used during the appeal to show agreed changes, each party’s proposed wording and the issues that remain for the tribunal to decide.

Send evidence that helps the tribunal determine the disputed issues.

This may include professional reports, school evidence, attendance and progress information, witness statements, placement information, the child or young person’s views and relevant correspondence.

A smaller, organised evidence set is often more useful than a large bundle with no explanation of what each document proves.

Not always.

A new assessment should address a defined unanswered question. Existing evidence may be sufficient where it is current, clear and relevant to the disputed issue.

Navigate SEND can review the existing evidence before recommending further assessment.

Yes.

Where those sections are within the appeal, the tribunal can order changes to the description of special educational needs and the special educational provision.

The tribunal can determine the institution named in Section I where placement is within the appeal.

The evidence may need to address the suitability of each proposed setting and how the required Section F provision would actually be delivered.

The tribunal can make non-binding recommendations about health and social care where there is also a live educational appeal.

The core preparation service does not include legal representation.

Hearing attendance or non-legal advocacy may be considered separately where the role is appropriate, within competence and agreed clearly in advance.

Yes.

We can support the solicitor or legal team with educational analysis, professional evidence, chronology, working-document preparation, assessment planning and coordination.

That may require a different strategy from an appeal about the contents of the plan.

See: Provision Not Being Delivered

The case may involve both tribunal issues and an immediate need for suitable education or EOTAS/EOTIS planning.

Issues may narrow or resolve as evidence is exchanged and the working document develops.

Any agreement should be recorded clearly, and the effect on the remaining appeal should be considered before the appeal is withdrawn.

No.

The tribunal makes the decision. Navigate SEND’s role is to improve the organisation, clarity and professional basis of the case.