Appealing to the Upper Tribunal

The Special Educational Needs and Disability Tribunal (SENDIST) will issue its decision usually within two weeks of the final hearing. It can occasionally be longer. If the decision does not go your way, it is possible to consider a further appeal to the Upper Tribunal, however the grounds for this are limited.

How to appeal to the Upper Tribunal

Before appealing to the Upper Tribunal you must ask for permission from the SENDIST. Permission to make an appeal to the Upper Tribunal can be given for any of the following reasons:

• Applying the wrong law, or wrongly interpreting the law
• Not following the correct procedures
• Having no evidence or not enough evidence to support a decision
• Inadequate reasons are given for a decision

How we can help Upper Tribunal appeals

An appeal against a decision of the SENDIST can be very difficult. A successful appeal will require detailed understanding, and use, of the relevant case law, procedure rules and law. The Upper Tribunal will have to be convinced that the SENDIST made a substantive error. Even if the Upper Tribunal is convinced that the SENDIST did make an error, the Upper Tribunal will set aside (cancel) the decision and send it back to a new panel at the SENDIST. The Upper Tribunal will not normally substitute its own decision.

We are specialist special educational needs solicitors with years of experience in appeals to the SENDIST and the Upper Tribunal. We can provide you with a preliminary view about your prospects of success and assist you, if appropriate, with an appeal to the Upper Tribunal.

We will only advise that you appeal to the Upper Tribunal if you have a strong argument. If you are interested in starting an appeal to the Upper Tribunal, we offer a free initial call to discuss your case.