From 3rd November the Special Educational Needs and Disability Tribunal ceased to exist as a stand-alone body and became part of a new two-tier Tribunal structure; the First-tier Tribunal and the Upper Tribunal. The two new Tribunals consist of chambers that group together jurisdictions dealing with similar work or requiring similar skills.
The existing judges and non-legal members of the Special Educational Needs and Disability Tribunal all transferred into the new two-tier system and continue their vital work in much the same way as they did before. Special Educational Needs and Disability now sits in the Health, Education and Social Care (HESC) Chamber of the First-Tier Tribunal. Appeals against the panel's decisions now go to the Upper Tribunal instead of to the High Court.
Parents whose children have special educational needs can appeal to the First-tier Tribunal (Special Educational Needs and Disability) against decisions made by Local Education Authorities in England about their children's education.
The applications forms and guidance can be found by visiting the Parents area.
Appeals registered under the old Rules
Any case that was registered before the 3rd November will proceed through the First-tier Tribunal process under the Regulations that applied to the Special Educational Needs and Disability Tribunal (SEND). These appeals can be easily identified as they will have been given an Appeal Reference Number lower than 08-03261.
The only exception will be for a small number of cases that were pre-registered before the 3rd November with a letter requesting further information being issued to the applicant. In these cases, if all of the required information was received on or after 3rd November, the appeal will proceed under the relevant First-tier Tribunal Rules.
The Rules for the First-tier Tribunal (Special Educational Needs and Disability) will apply to any application to review or appeal decisions after a final tribunal decision has been made if the decision was issued after 3rd November irrespective of when the hearing took place. This means that these provisions will apply to any case that is proceeding under the old regulations.
Anyone wishing to make an appeal against a decision made by the Tribunal (either SEND or First-Tier) on or after November 3rd will need to follow the relevant First-tier Tribunal Rules and appeal to the Upper Tribunal.
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