Single Route of Redress - SEND Tribunal Extended Powers

If you are unhappy with a decision about an EHC Plan, you can make an appeal to the SEND Tribunal.

Single Route of Redress - SEND Tribunal Extended Powers

The outcome of the National Trial

The Government has confirmed that they are continuing the extended powers of the First-tier Tribunal. This allows them to make non-binding recommendations about the health and social care aspects of EHC Plans. View the DfE evaluation of the National Trial here [External Link].

This gives you the right to request recommendations about the health and social care provision in EHC plans when making a SEND appeal. This gives you the opportunity to raise all your concerns about an EHC plan in one place.

The Tribunal will only consider health and social care aspects if you are already making an appeal about education. The education aspect must remain live throughout the appeal.

What this means for parents and young people

If you are unhappy with a decision about an EHC Plan, you can make an appeal to the SEND Tribunal. You can request health and social care recommendations too if you are appealing any education element.

You can still make complaints about your disagreement on non-appealable matters through other complaint procedures. You can seek advice about the best routes you can take for this. SIASS can provide you with impartial support on this. To learn more, visit the SIASS directory page.

The health and social care recommendations made by Tribunal are not legally binding. However, the local authority is expected to follow them. If they are not followed, the reasons for this must be set out in writing to you and the Department of Education. You can also seek to have the decision reviewed or complain to a local Ombudsman listed below.

To find out more about the Local Government and Social Care Ombudsman, visit the LGSCO website [External Link].

To find out more about the Parliamentary and Health Service Ombudsman, visit the PHSO website [External Link].

Requesting recommendations about the health and social care elements of an EHC plan

You can request the Tribunal makes recommendations on the health and social care aspects of EHC plans when the appeal relates to:

• The description of the young person's special educational needs in an EHC plan.

• The special educational provision specified in an EHC plan.

• The school or other educational institution named in an EHC plan.

• A decision by the local authority not to issue an EHC plan.

• A decision by the local authority not to carry out a re-assessment for a child/young person who has an EHC plan.

• A decision by the local authority not to amend an EHC plan following a review or re-assessment.

• A decision by the local authority to cease to maintain an EHC plan.

Local areas

The SEND Tribunal extended powers places responsibility on local authority SEND teams to:

• Inform parents and young people of their new rights. This is done through decision letters and the local offer.

• Provide evidence to the Tribunal from health and social care bodies in response to any issues raised. This must be done within a set timeframe.

• Seek permission to bring other witnesses to the hearing where necessary.

It also places responsibility on health and social care commissioners to:

• Respond to requests for information and evidence. Again, this must be done within a set timeframe.

• Send a witness to attend the hearing as needed.

• Respond to the parent or young person and the SEND team within 5 weeks of a recommendation being made.

• Set out the steps they have decided to take, or the reasons for not following the recommendation.

Requesting a health or social care recommendation

To request that the tribunal considers your concerns about health or social care, you should follow the usual process for appeals. When doing this, tick the box that relates to a health and social care appeal.

The government website has advice on making SEND appeals to the Tribunal. They also have the appeal form available. For more information, visit their First Tier Tribunal page [External Link].