The SEND Tribunal looks at the evidence put before it and decides whether the Local Authority (LA) decision followed the law and the SEND Code of Practice. It will make a decision based on what is right for the child or young person at the date of the hearing.

The SEND Tribunal has the power to order LAs to carry out EHC needs assessments, issue EHCPs, and amend existing EHCPs. LAs must comply with orders made by the SEND Tribunal.

If the SEND Tribunal makes a recommendation about health or social care elements of an EHC plan, this is non-binding. But it has been made clear that the expectation is that recommendations will generally be followed.

The SEND Tribunal also hears claims of disability discrimination against schools. Different timescales apply to disability discrimination appeals and you do not need to seek mediation advice if it is a disability discrimination claim.

SEND Tribunal hearings are usually online, although face to face or blended hearings may be available on request.