SEND Tribunal Preparation Support

It considers appeals relating to:

 

• Refusal to carry out an EHC needs assessment

• Refusal to issue an EHCP

• The contents of Sections B (needs), F (provision), and I (placement)

• Ceasing to maintain an EHCP

 

The Tribunal’s role is to decide whether the local authority has complied with its duties under the Children and Families Act 2014, and whether the plan accurately identifies needs and specifies provision.

 

Tribunal is not about emotion.

It is about evidence, law, and clarity.

 

Preparation is everything.

SEND Tribunal appeals are governed by:

 

• Children and Families Act 2014

  • Section 36 – Duty to assess

  • Section 37 – Duty to issue a plan

  • Section 42 – Duty to secure specified provision

• SEND Regulations 2014

• SEND Code of Practice (2015)

• Tribunal Procedure Rules

 

The Tribunal will examine:

• Whether needs are properly identified (Section B)

• Whether provision is specific, quantified and enforceable (Section F)

• Whether placement is suitable and lawful (Section I)

 

Vague wording such as “access to,” “opportunities for,” or “regular support” is often central to disputes.

 

Strong preparation means aligning your evidence directly to statutory duties.

Families often approach us when:

• Section B under-identifies needs

• Section F lacks specificity or quantification

• Therapy provision is described but not guaranteed

• Hours of support are unclear

• Placement naming is disputed

• The local authority relies heavily on internal advice

• Independent reports have been dismissed without clear reasoning

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Tribunal panels look closely at:

• Clarity of drafting

• Strength of independent evidence

• Whether provision logically flows from identified need

• Whether statutory duties have been met

 

Preparation is about connecting those dots clearly.

Effective SEND Tribunal preparation is structured and strategic.

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It usually includes:

1. Detailed Plan Analysis

We review the final EHCP line-by-line:

• Are needs accurately described?

• Is every need matched with provision?

• Is provision specific, quantified and enforceable?

• Is wording legally secure?

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2. Evidence Mapping

We align:

• Professional reports

• School evidence

• Therapy assessments

• Educational psychology reports

• Medical evidence

Against:

• Section B needs

• Section F provision

• Statutory legal tests

This prevents arguments becoming general or emotional.

 

3. Gap Identification

We identify:

• Missing needs

• Provision not linked to need

• Insufficient hours

• Lack of specification

• Internal contradictions

 

4. Structured Appeal Case Development

We help you:

• Clarify your grounds of appeal

• Prepare written submissions

• Organise your evidence bundle

• Draft focused responses

• Structure your statement clearly

 

The goal is clarity and coherence.

SEND Tribunals are usually:

• Heard by a judge and specialist panel member

• Relatively informal compared to court

• Focused on evidence and statutory duties

 

You may be asked:

• Why you believe needs are under-identified

• Why provision is insufficient

• Why a placement is unsuitable

• How professional evidence supports your position

 

Preparation reduces anxiety.

 

When you understand:

• The legal framework

• The structure of your case

• The evidence you are relying on

 

You feel more confident.

Little Nellies provides parent-facing, England-only SEND advocacy and EHCP support.

At tribunal stage, our role is preparation and structured advocacy support.

 

We can assist with:

• Reviewing your case before lodging appeal

• Clarifying legal grounds

• Analysing EHCP wording

• Reviewing professional reports

• Identifying weaknesses in local authority reasoning

• Preparing structured written arguments

• Supporting you to understand tribunal procedure

• Helping you feel prepared for hearing

 

We do not take an aggressive stance.

 

We focus on:

• Legal compliance

• Evidence strength

• Clear reasoning

• Calm presentation

 

Tribunal panels respond best to structured, measured cases grounded in statute and evidence.

By the time you reach tribunal, your case should already be structured.

 

If you have worked with us earlier in the EHCP process, your tribunal preparation is significantly stronger because:

 

• Needs are already clearly evidenced

• Provision gaps have been identified early

• Independent reports are aligned to statutory tests

 

However, many families approach us at tribunal stage — and structured preparation can still make a significant difference.

 

Why Structured Preparation Matters

 

Tribunal panels do not decide cases based on frustration or fairness alone.

 

They ask:

• Has the legal test been met?

• Is provision sufficiently specific?

• Does the evidence justify the requested support?

 

Strong cases are:

• Calm

• Structured

• Legally referenced

• Evidence-led