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Lodging your appeal usually brings a moment of relief. You’ve made the decision, filled in the form, hit submit. Then the waiting starts, and most parents I speak to realise they have very little idea what actually happens next, or when.
The SEND Tribunal process usually takes around six to twelve months, with strict deadlines throughout.
Here’s what to expect from the moment your appeal is registered through to the Tribunal’s decision and beyond.
What happens when your appeal is registered
Once your appeal is received, several things happen in fairly quick succession:
- The Tribunal aims to acknowledge registration within 10 working days
- You are given an appeal reference number. Put it on everything you send from that point, because it’s how your case gets found
- The Local Authority is notified and sent a copy of your appeal documents
- The Local Authority must respond within a set timeframe, setting out its case and the evidence it intends to rely on
So fairly early on, you will see the ground the Local Authority has chosen to stand on.
Case directions, and why you cannot ignore them
Once your appeal is registered, the Tribunal issues case directions. This is the timetable for the whole appeal: when your evidence is due, when the working document has to be submitted, when the case review form needs returning.
I would read it the day it arrives. Missing a deadline is not a minor administrative issue. Late evidence can be excluded altogether, and in a case that turns on evidence, that can decide the outcome. If a date looks tight, raise it early rather than hoping it resolves itself.
One thing worth flagging. As of July 2025 the Tribunal introduced new rules on bundle page limits and expert reports. If the advice you are working from predates that, it’s worth checking again before you prepare your bundle.
The Local Authority’s response
The Local Authority will set out its position formally, including its evidence bundle and its view on what is genuinely in dispute. You have the right to respond to any new evidence or argument it raises.
This is usually the point at which the working document process begins, particularly on content and placement appeals.
The working document
The working document is a live version of the EHCP that you and the Local Authority work through together as the appeal runs. Both sides propose amendments to Sections B, F and I, and it’s updated throughout.
It’s submitted to the Tribunal with the case review form, and again close to the hearing. The purpose is to narrow the dispute down to what you genuinely disagree on, so that by the time you reach a hearing the Judge is only deciding the points that remain unresolved.
Further reading: What Evidence Do You Need for an EHC Needs Assessment Request?
Can the appeal settle before the hearing?
Yes, and a significant number do. Before a hearing is ever reached, the Local Authority may:
- Agree to amend the EHCP
- Name a different placement
- Concede the appeal outright
If agreement is reached, the Tribunal can issue a Consent Order to formalise it. That matters, because it gives the agreement legal weight and means the Local Authority is bound by what has been agreed.
You can also withdraw the appeal at any point up to three weeks before the hearing. After that, the Judge will usually only allow a withdrawal in exceptional circumstances.
What happens at the hearing
The Judge opens by explaining how the hearing will run. Each side then presents its case, the evidence is considered, and questions are asked on both sides.
You will have the opportunity to make a closing statement. Many of the families we work with bring a photograph of their child and a short note of their views to that point, and it carries real weight. After a long, technical discussion about wording and provision, it brings the focus back to the child at the centre of it.
The decision is usually communicated within 10 working days of the hearing.
What happens after the Tribunal order
If your appeal succeeds, the Local Authority must comply with the order within set statutory timescales:
- For a refusal to assess order, it must notify you within two weeks that it will carry out an assessment
- For an order to issue an EHCP, the final plan must be issued within 14 weeks of the order
There is one frustrating limit to be aware of. If the Local Authority misses these deadlines, the Tribunal cannot enforce them. Its jurisdiction ends once the order is made. To chase a Local Authority that has not complied, you would need to use its complaints process or take separate legal advice. It doesn’t happen in every case, but it’s better to know than to be caught out by it.
Further reading: What To Do If Your EHC Needs Assessment Is Refused
What if the appeal is unsuccessful?
If the appeal is dismissed, the Local Authority’s original decision stands. That is not always the end of the matter.
In some cases, there are grounds to challenge the decision further. In others, a change in your child’s circumstances or fresh evidence may support a new application later on. If you are unsure where that leaves you, it’s worth seeking advice before deciding what to do, rather than assuming the door has closed.
Do you need professional support?
Some families manage a SEND Tribunal appeal themselves and succeed, particularly where the evidence is already strong and clearly answers the questions the Tribunal is asking.
For many parents, though, it’s heavier going. The deadlines are strict, the paperwork is dense, and it’s genuinely difficult to assess your own case objectively when it’s your child at the centre of it. That is the part people tend to underestimate.
At The SEND Consultancy Group, supporting families through SEND appeals is a significant part of what we do. If you have lodged an appeal and want to understand where you stand and what is coming next, we can help.
Get In Touch or View Our Appeal Services
SEND Tribunal appeal FAQs
How long does a SEND Tribunal appeal take?
Most appeals take between six and twelve months from registration to hearing. This varies depending on the complexity of the case and how busy the Tribunal is at the time.
Do I need a lawyer?
No. The majority of parents represent themselves. Support from an advocate can help you put your strongest case forward, and legal aid may be available in some circumstances.
Can I still talk to the Local Authority while the appeal is ongoing?
Yes, and you should. A significant proportion of appeals are resolved through ongoing negotiation, without ever reaching a hearing.
What is a Consent Order?
A Consent Order is issued by the Tribunal Judge to formally record what you and the Local Authority have agreed during the appeal. It gives that agreement legal weight, so the Local Authority is bound by it.
Can I withdraw my appeal?
Yes, at any point up to three weeks before the hearing. After that, the Judge will usually only allow a withdrawal in exceptional circumstances.
